Bylaw banning G8 protests could spark suit, city told
    By DAWN WALTON
    Globe&Mail
    June 17, 2002

    CALGARY -- Calgary City Council should amend a bylaw that forbids opponents of the Group of Eight to gather in city parks, or else make an exception to the rule or face a constitutional challenge in court, the Canadian Civil Liberties Association says.

    Alan Borovoy, its general counsel, said yesterday that the association may launch a case under the Charter of Rights and Freedoms on behalf of organizers who had hoped to stage a music and education festival to coincide with this month's meeting of leaders of the world's major industrialized nations.

    "In this case, they seem to be thwarted at every turn," Mr. Borovoy said.

    Calgary Mayor Dave Bronconnier disagreed, adding that the bylaw respects the rights of protesters. He said he has no intention of changing it.

    Protesters had wanted to set up a Solidarity Village near the G8 summit site in a Kananaskis mountain resort, about 80 kilometres west of Calgary. Unable to obtain land, they shifted their sights to Calgary.

    But a proposal was shot down by a bylaw that prohibits demonstrations and public gatherings in parks.

    The city suggested other places; protesters deemed them unsuitable. The event has been scaled down.

    Mr. Borovoy has written a three-page letter to Mr. Bronconnier and aldermen asking them to "take whatever steps are necessary to ensure that this bylaw does not frustrate the proposed anti-G8 events."

    The Toronto-based association worked on behalf of protesters during last year's Summit of the Americas in Quebec City, and for five women who were strip-searched after a 1997 protest against the Ontario government.

    The association said Calgary officials are "duty-bound" to remove some of the obstacles that have been erected.

    The Charter guarantees freedom of expression and of peaceful assembly.

    The bylaw, Mr. Borovoy points out, allows city officials to override the ban on political rallies in parks.

    At a park opening in the city's southwest yesterday, Mr. Bronconnier said an application to set up a tent city in a downtown skateboard park does not meet basic requirements -- ticketed concerts, insurance and an expected number of participants -- for overriding the bylaw.

    Last week, the city granted a special-event permit for a "community solidarity march" set for June 23 because organizers met bylaw requirements, he said.

    "Why would we want to see a facility like this or others trampled because a lawyer from Toronto thinks that he should be writing letters about relaxing our bylaws?" Mr. Bronconnier said.

    The letter warns that a tough stance against all protesters, not just those who are violent, could backfire and make unlawful protest more likely.


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