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, 鈥渢he charity dedicated to defending constitutional rights and freedoms鈥� awarded its inaugural Municipal Muzzle Award, calling out municipal bylaws across the country that restrict free expression.
Although Calgary took top spot for its 鈥淥rwellian-named鈥� 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鈥檚 Park Management and Control Bylaw prohibits 鈥減rofane swearing or indecent, obscene, blasphemous, or grossly insulting language鈥� in parks and on beaches.
Coun. Teale Phelps-Bondaroff, who welcomed the news with a laugh, agreed with the CCF鈥檚 stance.
鈥淲hen 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,鈥� he said. "It's something that should not be in our bylaws and it's been on my to-do list to change.鈥�
The longtime advocate for secularism and government neutrality believes the term "blasphemy" 鈥� the act of speaking sacrilegiously about God or sacred things 鈥� is antiquated and belongs in the archives of the past.
鈥淲e as a municipality do not have the ability to determine what constitutes blasphemy,鈥� he said. 鈥淭herefore, it would be impossible for us to enforce this specific bylaw.鈥�
鈥淲e can't get involved in issues relating to religion; the state has to abstain from making judgments in that respect.鈥�
The councillor also noted the bylaw鈥檚 inherently 鈥渋ncredibly subjective鈥� nature, which makes its enforcement nearly impossible.
鈥淭here's thousands of religions in the world, and some actions that are everyday practices for some folks would be considered blasphemous for other folks,鈥� 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鈥檚 public spaces.
鈥淚t's entirely reasonable to have expectations on good behaviour for public spaces,鈥� he said. 鈥淲e want to make sure that our public spaces are welcoming to all people.鈥�