WHITBY, ON: The Justice Centre for Constitutional Freedoms announces that lawyers have sent a legal warning letter to the Town of Whitby, advising Council that its policy prohibiting members of the public from recording council and committee meetings violates the Charter and must be repealed.
The letter was sent on behalf of Jeanette Miller, a retired insurance broker, Durham Region resident, and mother of two adult daughters, after she was prevented from recording her own public delegation at a Whitby Sustainability Committee (WSC) meeting on June 4, 2025.
Ms. Miller became involved in climate policy advocacy after growing concerned about the rising cost of government climate programs and what net-zero policies could mean for families struggling with heating, transportation, and everyday living costs.
She had been granted permission to speak to the WSC about climate and energy policy as a volunteer with Canadians for Sensible Climate Policy and wanted to record her presentation so it could be shared with others as an example of citizen participation in local government.
Approximately two minutes into her presentation, a WSC member interrupted her delegation and informed Ms. Miller and her companion that the Town of Whitby prohibits audio and video recording by members of the public at council and committee meetings.
The WSC also declined Ms. Miller’s request to obtain a copy of the delegation’s presentation recorded by the Town.
Constitutional lawyer Darren Leung said, “Recording and sharing public meetings is a form of expression protected by 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.”
“The Town of Whitby’s prohibition on public recording undermines transparency and democratic accountability, and it must be repealed to comply with the Charter,” he added.
