An Ottawa small claims court has delivered a significant ruling against the Ottawa Police Services Board, finding that its speaker vetting policy violated the constitutional rights of citizens seeking to participate in public meetings. The decision puts Mayor Mark Sutcliffe in a pivotal position to defend free speech principles at the municipal level.
Court Finds Charter Rights Violation
Deputy Judge Sonya Notturno ruled that the Ottawa Police Services Board breached the Charter rights of citizens through arbitrary and unfair restrictions on speakers at public meetings. The case was brought forward by two community activists who challenged the board's 2023 policy changes that gave the chair power to selectively choose which written submissions would be heard during meetings.
The plaintiffs, Robin Browne of the anti-racist organization 613-819 Black Hub and Jeffrey Bradley of the Criminalization and Punishment Education Project, successfully argued that the new policy deprived them of meaningful participation in public meetings. They maintained the board consistently exercised its discretion to favor police supporters while silencing critics.
Background of the Controversy
The controversial policy emerged during a period of significant turmoil for the Ottawa Police Services Board in 2022, following the convoy protests that paralyzed the city's downtown core. After council reorganized the police board and removed its chair in 2023, the reconstituted board amended its bylaws to grant the chair authority to vet written submissions.
Judge Notturno characterized the board's exercise of authority as "arbitrary, unfair and in breach of the right to freedom of expression" in her ruling. While the constitutionality of the bylaw itself wasn't challenged, the court found the implementation clearly infringed on Charter protections.
Calls for Mayoral Leadership
The court's decision places direct pressure on Mayor Mark Sutcliffe to demonstrate leadership on free speech issues. As the court noted, while the judge didn't order the bylaw rescinded, the logical outcome should be its elimination given the Charter violations identified.
The ruling emphasizes that in a democratic society like Canada, public officials conducting public business cannot assume the power to determine who says what at public meetings. Since the previous city council demonstrated it could practically disband the police board and dismiss its chair, the current council under Sutcliffe's leadership possesses the authority to correct this constitutional overreach.
The court awarded $1,750 in damages to Robin Browne and $750 to Jeffrey Bradley, acknowledging the harm caused by the restrictive policy. The decision serves as a reminder that municipal governments must uphold Charter rights even in their administrative procedures.
