following the post, Free Speech As Delegates, I emailed members of council:
on a few occasions i’ve requested that you update the 2014 procedural by-law posted on the town’s website. the by-law that most directly affects democracy should reflect current accessibility and human rights legislation and it is within your authority as representatives of the public you serve to address the issue and implement a best practice.
to assist you, i reached out to the centre for free expression and have included the response below. i urge you to do the same. it should suffice that residents who want to voice their concerns to those elected to listen state the topic/concern/subject matter and be given their 5 minutes of your attention and your consideration and decision.
there should be no administrative burdens or barriers to democracy.
amherstburg’s first local blogger
‘Thank you for reaching out to the Centre for Free Expression.
It is not unusual for municipal councils to ask delegations wishing to speak to council to register in advance, as your CAO indicates. It is also normal that the requester be asked to specify the agenda item to which you want to speak. All this is helpful in ensuring an orderly meeting in which all those wanting to be heard can be heard.
That said, I have never heard of a municipality requiring the delegation speaker’s notes, much less the text of the speech, to be submitted ahead of the event. And, I have never heard of a requirement for a copy of the notes or speech text to be submitted with the application to appear. Sometimes when I appear before parliamentary bodies they request a copy of my submission ahead of time so they can distribute it to the committee members and, where there is simultaneous translation, to give a copy to the translators so as to help them. But, this is only after I have been accepted as a speaker and it is not a requirement.
While I feel it is both wrong and bad practice for your municipal council to do as yours is doing, it is not illegal to the best of my knowledge. It is something that should be fought in the court of public opinion.
I hope this is helpful.’
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