Trend in Canada: Bar Free Speech, Open Meetings, Dissent

Sorry neighbors to the north, not only do 5 of 7 of your National Hockey League teams currently have losing records, but the Canadian people are losing out on their rights as regards basic civil rights and their local governments.  But who knows, maybe they have looked to the States to spark this most recent trend, not only to what certain cities have done to quell the various "Occupy" movements, but what a small town on the lake right here in Michigan just a year ago. 

 

In February 2011, Ludington passed an innocuous ordinance called the Workplace Safety Policy which effectively gave any City official or employee the ability to restrict any person from entering any city of Ludington property, all they had to do was get the City Manager's approval to do so under the canopy of "workplace safety".  This concept was never defined nor was their any of the usual processes, which my attorney questioned, such as:

 

Among others soon to be discussed in a Federal court near you.  But in both Canada and the US, during the fall after this little event in Ludington, "Occupy" movements were similarly banned from public facilities.  Not always was this in the objective for the public good, although sometimes the various protests may have crossed the line.  Before 2011, banning someone from a public place was very rare, and usually for activities that were violations of other laws.

 

But in early February 2012, Niagara Falls, Canadian side, their City Hall banned a former city employee from the City Hall.  Chief administrative officer Ken Todd said the matter relates to an incident at council’s Dec. 12 meeting. Following that meeting, Todd said Butera left his seat in the public gallery and attempted to approach the area where councillors sit.
When he was told members of the public are not allowed in that area of the council chamber, Butera exchanged words with Todd and was “fairly loud.” Todd said Butera complied with the request, but some councillors felt uneasy and complained to staff.

The ban is situational, it is effective only when public meetings are taking place, but even so, it seems on it's face to violate Canada's version of the Open Meetings Act. 

“I’m not a councillor who feels threatened by Mr. Butera,” said Coun. Vince Kerrio, who said council finds itself in a difficult position.  “Everyone has the right to feel safe in the work environment,” said Kerrio, explaining what may not be upsetting to one person may be a legitimate cause for concern for someone else. 

“They’re not afraid of me,” Butera said of the ban. “They’re afraid of the truth.”  

Yeah sure, Mr. Butera, then why would you have this onerous burden on your liberties placed on you by your superiors.  Here is the full article from Niagara This Week.

 

But now a bit further south in Ontario at a town about the size of Ludington, Fort Erie, a former 12 year City Councilor of that town has been banished from City Hall.  While town officials say the extraordinary measure is meant to protect staff from alleged threats and harassment, Berry, an outspoken critic of senior staff and Mayor Doug Martin, says it’s just an attempt to silence him.

“I think it’s ridiculous,” said Berry. “They don’t want me going to council meetings. That’s what this is about.”   That the notice arrived two days before a meeting of the Niagara Compliance Audit committee probing the election finances of Martin and five other town politicians was no coincidence, said Berry. 

Berry says he believes the ban is an infringement on his rights as a citizen imposed by the senior town staff members he has criticized, during his time on council and afterward, with no opportunity for him to defend himself.  Here's that article from the Bullet News Niagara.

 

Former City employees and officials having their right to attend public meetings, speak freely without sanction, and state positions contrary to the official line having their liberties violated just for being a voice of dissent to an obviously corrupted government.  As Ludington goeth, so does Canada, apparently.  

 

Former Fort Erie councillor Richard Berry has been banned from entering town hall and the Gibson public works facility for alleged threats and harassment of municipal employees. Berry, a critic of senior town staff and Mayor Doug Martin, says the ban is a political move designed to silence him.

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What is it with the cities doing this? It goes against exactly the reasons our Constitution exists!

And Canada pretty much has the same Constitutional protections as us.  The concepts behind the FOIA and the Open Meetings Act (OMA) is to promote public involvement in their government.  However, once citizens actually do get involved, instead of sitting idly by, the government makes more rules to thwart them from doing so.  I would bet you there is something underhanded going on by the public officials in both of those Canadian cities, and who better that would know than former employees.

Have you ever ran into a rude Maple-leafer?  Running down a curling court with a little broom is about as dangerous as what these guys have done. 

If you ban someone like XLFD from a public place simply for fetching FOIAs and exposing the dirt on the web, and for nothing else, that smokescreen you see indicates a FIRE!!!  The constitution is burning.

In the case of the first gentleman he should have been escorted from the building but not banned from City Hall. People should not be banned for exorcising their rights. In my opinion banning is an extreme measure and should be done only if a person has proven to have committed dangerous or criminal  acts. If that's the case criminal proceedings should be started. 

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