Woodsworth wants IOC to abide by charter, but what about RCMP?

COPE councillor Ellen Woodsworth plans to bring a motion before city council today (July 21) regarding the Canadian Charter of Rights and Freedoms.

This is the document that guarantees Canadians' rights to such things as freedom of association, freedom of expression, and freedom from discrimination on the basis of race, sex, religion, and disability.

Woodsworth's motion will seek council's approval  for the city to write a letter to  the International Olympic Committee asking it  to voluntarily abide by the charter.

The letter  would be  in response to a recent court decision, which determined that the Swiss-based IOC discriminated against  female ski jumper by barring them from participating in the 2010 Games. Male ski jumpers will compete in those same Olympics.

The IOC subsequently issued a statement denying it practised discrimination, citing technical reasons for its decision.

"IOC showed leadership in urging China to follow human rights guidelines with regard to their implementation of the Beijing Olympics," Woodsworth stated in a news release.  "We’re asking them to show the same leadership with regard to respecting our charter and the implications it has for women ski jumpers.”

She added that “discrimination should not be allowed by either government or private actors. The IOC should live up to the rules and standards of their hosts.”

Meanwhile, city council will also vote today on staff recommendations to amend various bylaws to ban the distribution of advertising material in areas around Olympic venues. (The city initially indicated to 24 hours that newspapers would be caught up in the ban, but later clarified its position to say that this wouldn't include newpapers.) Staff also want a ban on postering construction hoardings on city streets for a three-month period from January 1 to March 31, 2010.

The justification? Cleaning up the city in time for the Olympics and protecting  Vanoc sponsors from "ambush marketing".

City staff's recommendations  possibly violate Section 2(b) of the Canadian Charter of Rights and Freedoms, which guarantees freedom of expression. The Supreme Court of Canada has been quite clear on the charter  rights of citizens to place posters on public property.

In a 1993 case called the Corporation of the City of Peterborough v. Kenneth Ramsden, Canada's highest court rejected a municipal ban on postering on public property.

The Olympics are only taking place between February 12 and February 28 of 2010. Why a three-month ban around Olympic venues, which likely violates the charter, when other remedies are available? Has Woodsworth considered bringing in a separate motion to  address or at least modify  these possible  charter infringements?

At the very least, the city could allow postering and newspaper distribution in newsboxes near venues during the month of March after the Olympics are over. Nobody  will launch terrorist attacks during the Paralympics.

Of course, this assumes these bans are designed for security reasons and not just to turn over city property for the benefit of Vanoc sponsors, which  could violate the charter.

On another front, two legal experts recently wrote a paper suggesting that the RCMP's plans for the Olympics will also violate the charter in the absence of separate legislation. This issue was covered in the July 16-23 issue of the Georgia Straight.

To her credit, Woodsworth introduced a motion before council's city services and budgets committee on July 9 asking members of council to endorse the Coventry Declaration. It asked the city, the province, Vanoc, and the Vancouver Integrated Security Unit to state in unequivocal language that all Canadians and those who visit Canada will have their fundamental right to security of the person and freedom of expression protected, respected, and unimpinged, as guaranteed by the charter.

Mayor Gregor Robertson and  five Vision  councillors (George Chow, Heather Deal, Kerry Jang, Raymond Louie, and Tim Stevenson), NPA councillor Suzanne Anton,  and  COPE councillor David Cadman voted against Woodsworth's motion, according to the meeting minutes.

Vision councillor Geoff Meggs was absent for the vote.

In a subsequent vote at the meeting, council unanimously approved a motion stating that the city is committed to ensuring that all Canadians have a fundamental right to security of the person and freedom of expression as enshrined in the charter. Perhaps the mayor and  councillors weren't aware of the 1985 Singh decision in the Supreme Court of Canada, which  recognized the existence of  charter rights  for anyone on Canadian soil.

Council, with the exception of Anton, also voted to write a letter to senior levels of government and the Vancouver Integrated Security Unit asking them to "publicly reaffirm their commitment to security of the person and freedom of expression".