At its regular meeting Aug. 10, Peace River administration spoke to council about a Political Activity Directive meant to provide guidance to staff and the community regarding political activity at town facilities.
“It has been quite a topic lately will all sorts of provincial activities and federal activities ongoing which has implications at a local level,” says director of community services Tanya Bell.
Bell says administration, after utilizing the directive a few times this summer, had to have a conversation with council’s legal counsel to provide additional feedback and oversight as to what they were trying to achieve with the directive.
The action was also precipitated by the council’s desire to stay as neutral as possible politically regarding the activities that are occurring.
Bell says legal counsel provided administration with excellent feedback.
“First of all, the directive as it sat (legal counsel) was pleased with the content of it and the direction of it,” says Bell.
“There’s a necessity to find a balance to keeping the municipality as neutral as council would like us to be and as a municipality should be when addressing sensitive political issues at whatever level.”
The municipality has in place management control over how rentable spaces like the pool and Baytex Energy Centre are used.
“Things get different when it is a public space, such as a roadway or a parking lot that is not adjacent to those facilities,” explains Bell.
“As soon as we allow that affiliation into our facility, there is the perception that the Town is supporting one party versus another when we make some allowances of utilizing some spaces and most of the times, we have not allowed individuals or given permission to use that space.”
Town administration had to apply the directive in June after contacting a group that had publicly advertised plans to hold a political gathering at a town facility. Bell’s notes to council say after a constructive discussion, the Town suggested alternate non-Town locations and the group agreed to move its activity.
According to Peace River’s legal counsel: A municipality has the right through its natural person powers to control its facilities like any other private landowner, such that you can impose rules and restrictions on the use of your facilities or public lands. But the concern is that those policies – and their implementation – are subject to the Charter of Rights and Freedoms. Section 2(b) of the Charter and the right to free expression is clearly engaged when groups are seeking to promote political activity like petitions, so the municipality must be able to justify any restriction as a reasonable one under section 1 of the Charter. To be justified under section 1, a restriction on the Charter right must be rationally connected to the important policy goal, must be proportionate to that benefit, and must be as minimally impairing of the Charter right as possible to achieve that goal.
“Trying to strike a balance between fair equitable access and allowing members of the public’s personal rights and freedoms around the rights of expression and political freedoms,” says Bell of changes to the directive.
“I think you’ll find other organizations are making this statement too. I’ve had feedback from local businesses that are saying, ‘We don’t want you in our parking lot because we don’t want to be aligned one way or another.”
Administration provided a summary of principles added to its directive to provide additional clarity of the Town’s approach and to ensure it is compliant with the Charter of Rights and Freedoms.
Regarding room rentals, groups may rent rooms and conduct their activities privately within the rented space, provided the activity is legal, non-discriminatory, and complies with rental conditions. All signage and materials must remain inside the rented room. Promotional materials for the activities may not imply any association with or endorsement by the Town.
Town-hosted events and common areas now says that requests to place petitions, booths, displays, or advocacy materials as part of Town-run events or in lobbies, entrances, or common areas are not permitted.
Participation in Town events creates a reasonable perception of municipal endorsement and introduces sponsor, reputational, and neutrality risks.
Finally, public space outside Town-controlled areas: Where appropriate, groups may be directed to locate on adjacent public property outside the Town’s event footprint, preserving freedom of expression while maintaining municipal neutrality.
Bell explains the legal advice does not favour either a council policy or an administrative directive; the key requirement is to establish clear guidelines that staff apply consistently.
Emily Plihal
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