(LifeSiteNews) — A Canadian constitutional freedom group announced that an appeals court will hear a challenge to a City of Calgary bylaw banning protesting against drag queen story times or other LGBTQ events at public facilities.
Last week, the Canadian Constitution Foundation (CCF) announced that the Alberta Court of Appeal agreed to hear what is known as a constitutional challenge to Calgary’s controversial “bubble zone” bylaw.
“This ‘bubble zone’ bylaw restricts protests that express ‘objection or disapproval’ towards ideas or actions related to ‘race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation,’ on publicly accessible property within 100 metres of an entrance to a recreation facility or a library,” the CCF said.
The CCF said that after a hearing last fall, Justice S.G. Parker of the Court of King’s Bench “upheld the ticket issued to protester Larry Heather for statements he made within 100 metres of Calgary’s Central Downtown Library during a drag queen story event in April 2023, contrary to the city’s Safe and Inclusive Access Bylaw.”
Heather was fined for protesting within 100 metres of Calgary’s downtown library.
“The CCF challenged the constitutionality of the bylaw, and later intervened in Mr. Heather’s case, because the CCF believes the bylaw is an unlawful attempt to control the content of expression.”
According to the CCF, Justice Parker “agreed with the CCF that the bylaw was overbroad because it applied beyond the LGBTQ community, but nonetheless upheld Mr. Heather’s ticket. The CCF is now supporting Mr. Heather’s appeal.”
In an earlier ruling, Justice Parker had found the bylaw to be overly broad as it went beyond that in dealing with the sexual minority community. However, he still upheld Heather’s ticket.
In March 2023, Calgary City councilors approved a new “Safe and Inclusive Access Bylaw” that would disallow “specified protests” both inside and outside all city-owned and affiliated public buildings.
This means protests by pastors or concerned parents against radical LGBTQ events at public buildings will be barred within a 100-meter buffer zone around city recreation centres and libraries.
Those who are found guilty of breaking the new rules could face fines of up to $10,000 or one year in jail. The bylaw places restrictions on demonstrations that express “objection or disapproval” against one’s race, religion, gender, or “sexual orientation” or “gender” status.
According to CCF interim executive director Christine Van Geyn, the court agreeing to hear the appeal is a step in the right direction for constitutional rights.
“Protesters should not be forced to hold their demonstrations blocks away from an event that they wish to protest against,” she said in the press release.
“A society that values freedom of expression presupposes that people will hear expressions they find offensive or vehemently disagree with,” she added.
CCF interim litigation director Josh Dehaas called on the City of Calgary to fully repeal the bylaw at once.
“The Supreme Court has repeatedly said that freedom of expression exists to protect ideas that are unpopular, distasteful or contrary to the mainstream, because that is how we settle disputes in a democracy and get to the truth,” he noted.
In June 2022, Calgary City Council under now former left-leaning Mayor Jyoti Gondek amended the city’s bylaws to “specifically prohibit insulting or demeaning behavior, including unwanted sexual advances, or harassing anyone on the basis of age, race, sexual orientation, disability, gender, gender identity or gender expression, among others.”
Gondek had vowed to use the city’s street harassment bylaw to go after drag queen story time protesters about a month ago after some of the events were postponed by objectors.
Gondek had pushed a radical agenda since being elected in 2021 that went after pro-life and pro-family citizens.
It is unclear where new Calgary Mayor Jeromy Farkas stands on the issues, but he has made what could be considered “woke” comments in the past.
