Residents can now record Whitby council meetings on their personal devices following a policy update aimed at “modernizing” the town’s approach to transparency, which was approved on Monday.
A legal advocacy group that took up the case of a resident who was stopped from recording her own public presentation last year argued that the old rule against public recordings breached the Canadian Charter of Rights and Freedoms and “must be repealed.”
The Justice Centre for Constitutional Freedoms represented Jeanette Miller, a retired insurance broker who was informed she couldn’t record her presentation during a Whitby Sustainability Committee meeting on June 4.
Miller was addressing committee members about climate and energy policy as a volunteer with Canadians for Sensible Climate Policy and wanted to document her talk so it could be shared with others as an example of citizen engagement in local governance.
Just two minutes into her speech, a committee member interrupted and stated that the town does not allow audio or video recordings by the public during council and committee sessions.
The Justice Centre claims that the committee also rejected Miller’s request for access to a copy of her presentation recorded by the town.
Constitutional lawyer Darren Leung stated that recording and sharing public meetings is protected under section 2(b) of the Charter. “While there are limited circumstances where governments may restrict recording, an open meeting of town council is not one of them.”
Whitby Mayor Elizabeth Roy mentioned last month that she was aware of this challenge and noted that staff had been revising the town’s procedure by-law since May 2024 “to make it more fair, transparent, and reflective of how our community expects local government to operate today.”
This update was presented to council on Monday, with councillors agreeing to amendments allowing residents to use personal devices for recording council and committee meetings. These meetings are already livestreamed, and recordings are available on the Town’s website for public access.
The by-law also includes adjustments to ensure that members of the public do not use recording devices “in a manner that is disruptive to the proceedings, creates a hazard, obstructs the view of others, or may be reasonably perceived as an attempt to intimidate, harass, or impede any person’s participation in the meeting.”
“Good governance is a key theme in Whitby’s Community Strategic Plan, and I’m proud of the progress we’re making,” Roy said.
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Constitutional lawyer Darren Leung stated that recording and sharing public meetings is protected under section 2(b) of the Charter. “While there are limited circumstances where governments may restrict recording, an open meeting of town council is not one of them.”
Whitby Mayor Elizabeth Roy mentioned last month that she was aware of this challenge and noted that staff had been revising the town’s procedure by-law since May 2024 “to make it more fair, transparent, and reflective of how our community expects local government to operate today.”
This update was presented to council on Monday, with councillors agreeing to amendments allowing residents to use personal devices for recording council and committee meetings. These meetings are already livestreamed, and recordings are available on the Town’s website for public access.
The by-law also includes adjustments to ensure that members of the public do not use recording devices “in a manner that is disruptive to the proceedings, creates a hazard, obstructs the view of others, or may be reasonably perceived as an attempt to intimidate, harass, or impede any person’s participation in the meeting.”
“Good governance is a key theme in Whitby’s Community Strategic Plan, and I’m proud of the progress we’re making,” Roy said.
Last 30 Days: 81,359 Votes
All Time: 1,209,451 Votes
551 VOTES
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