Frustrated organizers of a major G8 protest have launched a constitutional battle to overturn the City of Calgary's refusal to allow them to hold events on public property.
Activists are asking an Alberta court to declare that Calgary bylaws prohibiting demonstrations in city parks contravene the Canadian Charter of Rights and Freedoms.
As leaders of the G8 countries prepare to meet this week in Kananaskis, Alta., the legal challenge will shine a spotlight on the issues of free speech and assembly.
"We think it's of fundamental importance to Canadians," said constitutional lawyer Shirish Chotalia, who is arguing the case mounted by the Alberta Federation of Labour and the Canadian Civil Liberties Association.
The parties are slated to appear before the Alberta Court of Queen's Bench in Calgary tomorrow to seek an injunction or other temporary relief that will allow planned protest events to take place pending a full hearing of the matter.
Following violent clashes between police and anti-globalization protesters at previous international summits, authorities are taking numerous precautions to prevent disruptions to the G8 meeting Wednesday and Thursday in the village of Kananaskis, about 110 kilometres west of Calgary.
The labour federation and other members of the Solidarity Village Committee have been trying for weeks to find a venue for a cultural and educational program to be held Tuesday through Thursday.
On May 16, federation president Leslie Steel submitted an application to Calgary's recreation department to stage the events in Shaw Millennium Park. The festival was to include musician Bruce Cockburn, dramatic troupe the Bread and Puppet Theatre and Council of Canadians chairwoman Maude Barlow, as well as presenters on human rights issues and workshops about the G8, free trade, civil rights and wealth disparity.
On May 28, the city denied the application, citing safety concerns including the park's design, crowd size and inadequate parking.
Mr. Steel submitted subsequent applications seeking access to other Calgary parks or whatever venue might be available. In an affidavit filed with the court, Mr. Steel says he was told by the city's G8 project manager early this month that no access to public property would be granted, though reasons were not provided.
"I am deeply troubled by this decision of the city of Calgary," Mr. Steel's affidavit says. "We seek and always sought peaceful assembly for a cultural and educational event."
Calgary bylaws governing parks make it illegal to demonstrate, give a public address, do anything likely to cause a public gathering, or take part in any procession, drill, performance, ceremony or concert.
However, the bylaws allow city officials to "authorize an activity otherwise prohibited" by the section.
The lawsuit contends the bylaws violate provisions of the Charter of Rights that guarantee the "fundamental freedoms" of expression, peaceful assembly and association.
Festival organizers had originally hoped to set up a campground in the Kananaskis Valley that would accommodate thousands of anti-G8 demonstrators. Activists say government officials and police discouraged landowners from making space available.
Without a central venue, organizers are trying to blend much of the original festival programming into other events in and around Calgary.
Hundreds of anti-globalization demonstrators marched through Calgary streets yesterday, urging the leading industrialized nations to do more to help the world's disadvantaged people.
Some of the largest anti-G8 demonstrations this week are expected to take place in Ottawa.
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