Region councillors ask staff for report on graphic images bylaw
Ban could include photos of medical waste, fetus or parts
Niagara’s regional councillors are asking staff for a report on how to govern the public display of graphic images.
“We’re just looking for a report on if and how the display of graphic images can be governed in the public right of way,” said St. Catharines Coun. Laura Ip, who authored the request at a recent corporate services committee meeting. “Hamilton, London, Oakville and Toronto are doing the same.”
Ip said one anti-abortion group in Niagara and its leadership group display graphic signage in Niagara, while another agency does not conduct or support campaigns involving the public display of graphic images.
“As another example of an organization that could likely deliver some impactful messages via the display of graphic images, MADD Canada does not use graphic images in its messaging because it does not believe the public would respond well,” Ip said.
The request defines graphic images as a visual image showing, or purporting to show, any subject matter that does not comply with the Canadian Code of Advertising Standards or offends the standard of public decency prevailing among a significant segment of the population.
The images deemed graphic could include medical waste, a fetus or any part of a fetus, or any image showing a dead or injured animal or human body or part of a dead or injured animal or human body.
The request asked for the report by early July.
Fort Erie Mayor Wayne Redekop asked staff to include “information relative to freedom of speech implications.”
Ip said several municipalities have passed bylaws against distributing graphic images to residences.
“Many residents in Niagara and elsewhere believe it’s time to have bylaws in place to govern the display of graphic images in the public right of way, regardless of how anyone feels about any of the causes that might use graphic images to communicate their message,” Ip said.
“The vast majority of people agree they do not want people to be traumatized or retraumatized by graphic images they can’t avoid as they travel to work or home for the day — and they certainly do not want to be put in a position of having to explain graphic and disturbing images to their seven-year-old as they drive to the local fast food restaurant to pick up dinner.”
St. Catharines city council passed a similar bylaw last year after receiving complaints from residents about the delivery of unwanted flyers with pictures of blood and fetuses to their homes.
An Ottawa-based organization opposing abortion is taking the city to court over the bylaw, which bans photos of fetuses from being delivered to homes without warning labels.
Association of Reformed Political Action (ARPA) Canada filed the notice of application in the Ontario Superior Court of Justice.
The application contends the St. Catharines bylaw is illegal, violates the Canadian Charter of Rights and Freedoms and should be declared invalid.
In its application, ARPA said it does not and has never used images of aborted children in any of its campaigns, but has long used images depicting “intact” preborn children in ultrasound photos, which would fall under the new bylaw.