Is curtailing free speech and censoring blasphemous language in public spaces a relic of the past or something that must be upheld to maintain public decorum?
The Canadian Constitution Foundation (CCF) thinks the former. Earlier this week, “the charity dedicated to defending constitutional rights and freedoms” awarded its inaugural Municipal Muzzle Award, calling out municipal bylaws across the country that restrict free expression.
Although Calgary took top spot for its “Orwellian-named” Safe and Inclusive Access Bylaw, the organization gave an honourable mention to a 1997 Saanich bylaw among 80 communities across Canada.
Section 15 of the district’s Park Management and Control Bylaw prohibits “profane swearing or indecent, obscene, blasphemous, or grossly insulting language” in parks and on beaches.
Coun. Teale Phelps-Bondaroff, who welcomed the news with a laugh, agreed with the CCF’s stance.
“When I first was elected to Saanich council, I reviewed all of the important bylaws in the district, and I also noticed that it is technically prohibited to blaspheme in Saanich parks, and that of course is just unconstitutional,” he said. "It's something that should not be in our bylaws and it's been on my to-do list to change.”
The longtime advocate for secularism and government neutrality believes the term "blasphemy" – the act of speaking sacrilegiously about God or sacred things – is antiquated and belongs in the archives of the past.
“We as a municipality do not have the ability to determine what constitutes blasphemy,” he said. “Therefore, it would be impossible for us to enforce this specific bylaw.”
“We can't get involved in issues relating to religion; the state has to abstain from making judgments in that respect.”
The councillor also noted the bylaw’s inherently “incredibly subjective” nature, which makes its enforcement nearly impossible.
“There's thousands of religions in the world, and some actions that are everyday practices for some folks would be considered blasphemous for other folks,” he said.
That said, Phelps Bondaroff agrees, to some extent, with the intent behind the regulation, which is ultimately aimed at maintaining public decorum in Saanich’s public spaces.
“It's entirely reasonable to have expectations on good behaviour for public spaces,” he said. “We want to make sure that our public spaces are welcoming to all people.”
