Free Speech As Delegates Update

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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Repeating Request For Patio Policy

While council will discuss temporary patio user fees at its February 24, 2025 meeting, it has yet to enact a patio policy, despite my emailing council and/or delegating about it seven times to ensure AODA compliance. I even provided resources.

So, for an eighth time, I’ve emailed council but this time I reminded them of their promises by Mayor Prue during the January 27, 2025 council meeting:

“this town has not been compliant. And I have promised, as mayor, and the council has promised, that we will hence for hence forward, going forward, always be AOD compliant. And I want people to know that the those who have disabilities have every right to use every one of the services in this town, the same as everyone else.”

I also quote the Municipal Act, section 14 (1):

A by-law is without effect to the extent of any conflict with,
(a) a provincial or federal Act or a regulation made under such an Act; or
(b) an instrument of a legislative nature, including an order, licence or approval, made or issued under a provincial or federal Act or regulation.  2001, c. 25, s. 14.

I also reminded them about Prue’s October 15, 2024 comment: “I am sorry that some people are not getting out of the way when someone comes by with a cane or a walker or a wheelchair, but what difference would it make if there was two cars there instead of the patio? If they won’t get out of the way on the sidewalk, they won’t get out of the way. And so I think that this is a business case has been made, and I do believe that is in the best interest of the town to be a welcoming and friendly place for people to sit out and have a meal in the sun. So I, will not be supporting the motion.”

I advised them that many municipalities have enacted patio policies that include AODA compliance and barrier removal and asked, will you keep your promises to do the same?

This council has proven how business friendly it is. Making a strong commitment to removing barriers and being AODA compliant is long overdue.