brent granby

Are our community centres public space?

By brent on June 7th, 2010

At Monday June 7th’s Park Board meeting Commissioner Hundal is going to move a motion to allowing HST canvassers to collect signatures in Vancouver’s community centres. His motion is as follows:

WHEREAS the Fight HST campaign is a legitimate, democratic citizens’ initiative of public expression and action that is officially recognized by Elections BC; and

WHEREAS the introduction of the HST will increase the costs of essential programs and services offered at Vancouver community centres and as a result negatively impact patrons, particularly low income residents, youth and seniors; and

WHEREAS the Vancouver Park Board has written a public letter to British Columbia Recreation and Parks Association (BCRPA) voicing concerns that the introduction of the HST may lead to decreased public use of recreation services; and

WHEREAS the introduction of the HST may have a direct negative impact on the Vancouver Park Board’s revenues; and

WHEREAS the Vancouver Park Board limits the use of Community Centre lobby space for public gatherings due to operational and safety concerns;

THEREFORE BE IT RESOLVED THAT Vancouver Park Board grant the Fight HST campaign temporary access to all community centre lobbies for the remaining duration of its campaign.

Commissioner Hundal’s motion raises some interesting issues about public space and charter protected speech.

In Canada’s Charter of Rights and Freedom in Section 2 under Fundamental Freedoms the following rights are articulated.

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

Clearly in subsection (b) freedom of expression is protected under the Canadian Charter of Rights and Freedom.

So why the need for Commission Hundal’s motion? Under the Charter of Rights and Freedom, anyone can go into a community centre and express their political rights to collect signatures. This is indeed how it works. As long as one is not disrupting the operations of the community centre folks can go into community centres and collect signatures.

For example, in the West End Community Centre. last Friday I notice a petition on the information desk from a group who are concerned about a proposed rezoning.

So why is this group able to collect signatures in a community centre without a motion at the Park Board?

Rather than bring a motion that “grants temporary access” to the Fight the HST campaign shouldn’t the Park Board bring a motion forward that affirms the that political speech like collecting signatures on a petition is a charter protected right?