The city could face constitutional court challenges of its bylaw if anti-G-8 summit activists are ticketed or arrested for using park space for political rallies without a permit.
Sarah Kerr, whose attempts at creating a Solidarity Village were thwarted, said activists will be encouraged to fight in court any action taken against them for impromptu peaceful protests that may occur in city parks.
"If there are people charged under the (parks) bylaw, it's something we would look at seriously," said Kerr.
City officials, including Mayor Dave Bronconnier, have varied in their explanations for the rejection of requests by activists for the use of various public sites, including Shaw Millennium Park and Foothills Athletic Park.
Bronconnier has simply stated on more than one occasion that "parks are off-limits."
Other explanations for the rejection of a Solidarity Village -- a three-day anti-G-8 education and music festival -- have ranged from serious safety concerns, to statements that political rallies are forbidden from being held in public parks.
Nowhere in the bylaw, however, does it state that political rallies are forbidden.
The parks bylaw states that no one shall make a public address, demonstrate or take part in a procession, drill, or performance, ceremony or public gathering. A permit must be obtained for any of these activities, or they can be approved by the general manager of park development and operations.
The penalty for violating the bylaw is a fine of up to $500 or six months in jail.
"(The bylaw) allows for a variety of activities to take place, but it's a discretionary one, not a guaranteed approval," said Bronconnier.
"As it stands, it (Solidarity Village) is prohibited. If you want an approval, you have to get the permit and there is a clear-lit path in how to get that done," Bronconnier said.
Bronconnier has said that activists failed to provide the basic information required under the permit process.
A copy of one application, however, shows detailed information was provided to the city, including a range of the number of participants. Still, permits were denied.
While he wouldn't offer a legal opinion on whether the bylaw would stand up to a challenge, constitutional lawyer Gerry Chipeur said the law is clear.
"Section 2(C) of the Charter of Rights and Freedoms says the government may not restrict peaceful assembly -- period," said Chipeur.
"The only restrictions that can be placed on peaceful assembly are reasonable limits in a free and democratic society."
The standard for peaceful assembly was set by a 1982 decision by the Ontario courts, which is clear on what kinds of limits are reasonable.
In the case, R. vs. Collins, the bail conditions placed on an individual charged with creating a disturbance by protesting at a munitions factory were struck down.
The conditions were that the person couldn't demonstrate, or come within a certain distance of the factory.
"The court said no," said Chipeur.
"The court said the Crown had to show a compelling reason why basic rights such as peaceful assembly had to be curtailed. They said in this case, the Crown had failed to do so. The court went on to say that the rights of a person cannot be restricted based simply on a speculative concern of danger."
Kerr said Solidarity Village organizers are considering challenging in court the rejection of their permit applications. "There's indication there is a very strong case for a charter challenge against the city," he said.
"(But) we needed time to organize this event and even if we get the land, we don't have the time or the components in place. We had to let our contracts go and the city has prevented us by delaying."
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