WINNIPEG, MB: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre will appear before the Court of King’s Bench on Thursday, April 30, 2026, at 10:00 a.m. CT to challenge a bylaw enacted by the Rural Municipality of Springfield (Municipality) that prohibits members of the public from recording municipal council meetings.
At issue is whether governments can restrict how citizens document and share what happens in public meetings. The bylaw permits approved media to record council proceedings but bars ordinary citizens from doing the same, even though those meetings are open to the public.
Lawyers funded by the Justice Centre are assisting four Manitoba residents who were prevented from recording council meetings, including during an incident in February 2025. Subsequent requests to record were also denied, prompting the constitutional challenge.
In its legal brief, the Municipality acknowledges that recording meetings is a form of expression protected under section 2(b) of the Charter, which guarantees freedom of expression. However, it argues that the mayor has the authority to prohibit recordings and that any infringement on Charter rights is justified.
The Municipality also defends its policy by raising concerns about privacy, disruption, and the potential misuse of recordings. The bylaw draws a distinction between media and members of the public, allowing only the former to record with prior approval.
Government lawyers, appearing on behalf of the Attorney General, have exercised their right to intervene and argue that the case may be framed as a “positive rights” claim. They contend that the applicants are effectively asking the government to facilitate expression, even though Charter rights are typically understood as protecting individuals from government interference rather than requiring government action.
The applicants reject this view, maintaining that the case is about government restricting expression in a public setting, not requiring assistance, and argue that the Municipality’s distinction between media and members of the public is arbitrary and undermines transparency, as recording public meetings is an essential way for citizens to engage in democratic life and hold elected officials accountable.
Constitutional lawyer Darren Leung said, “Municipal council meetings are public by design. When citizens are allowed to attend but forbidden from recording what they see and hear, transparency is diminished and accountability suffers. The Charter protects not just the right to speak, but the right to gather and share information about how government operates.”
The Justice Centre is Canada’s leading civil liberties organization fighting for Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
