Final adoption of bylaw amendments to deal with inappropriate behaviour, use of electronic devices and signs in council meetings has been deferred for further study.
The bylaws were to be adopted at a council meeting on Monday, March 17, but the process was halted when Coun. Hilary Eastmure asked for a deferral for extra time to determine whether the portion of the bylaw restricting use of recording devices in council by media could violate the freedom of the press under Canada’s Charter of Rights and Freedoms.
Coun. Paul Manly was also scheduled to bring forward a motion, at a future council meeting, to include a certification process that could provide accreditation permitting use of electronic devices by media “for journalistic purposes.”
“I believe, at the very least, we should be deferring fourth reading until we have considered Coun. Manly’s motion, for which he’s made notice of motion at today’s meeting to include a certification process to provide accreditation to media representatives and to independent journalists,” Eastmure said.
Coun. Erin Hemmens said initially that she would not support deferral because the bylaw could be passed “as is.”
“We have a process for media in place,” Hemmens said. “Media can still bring recording devices in. They just need to receive approval from the mayor, which is a bit of a grey area because that leaves a lot of responsibility on the mayor, but if this is a matter of five weeks until we see this again, then I’m OK with media having to come and ask for that permission.”
Eastmure said no explicit exemption for journalists at the time of the bylaw’s adoption could be an infringement on freedom of the press.
“I just don’t think it’s necessary to go through with adoption, at this point, if we have this motion coming to the next meeting,” she said. “I think it would reflect best on the city to do it right and make sure that we’re not infringing on freedom of the press and that we have a clear process in place that isn’t just leaving it up to the discretion of the [mayor].”
Manly supported the deferral, agreeing about the importance of “getting the bylaw right” and giving council opportunity to consider his proposed amendment to the bylaw before adoption.
The motion to defer adoption of the bylaw passed with Mayor Leonard Krog opposed.
