City Council passes sweeping restrictions
On April 7, 2025, the City of Nanaimo passed significant amendments to two municipal bylaws: the Council Procedure Bylaw and the Respectful Spaces Bylaw. These amendments prohibit members of the public from recording City Council meetings or taking photographs or video in any municipal facility, including parks and recreational areas, without approval. The bylaws also authorize penalties for violations, including removal from Council meetings, fines, and suspension from accessing city property for up to 18 months.
In one section of the bylaw, for example, it is deemed “inappropriate behaviour” for a person to “take photographs or record video unless expressly authorized by the Chair,” constitutional lawyer André Memauri explained.
The Respectful Spaces Bylaw is especially concerning for its vague language, prohibiting photography or recording in areas where municipal services are provided—without clearly identifying which areas are restricted or how residents are expected to seek permission. The wording is so unclear that it could be interpreted to apply to ordinary activities, such as taking a family photo in a park or filming a child’s soccer game.
Legal warning issued to City of Nanaimo over Charter violations
In response to the bylaws, lawyers provided by the Justice Centre for Constitutional Freedoms sent a legal warning letter to the City of Nanaimo.
“These bylaws are an unjustified infringement of the Charter rights of Nanaimo’s residents,” says constitutional lawyer André Memauri. “Recording a public meeting of City Council clearly supports democratic discourse and truth seeking—core purposes protected by section 2(b) of the Charter,” Mr. Memauri added.
The letter from Mr. Memauri further states, “There is no reasonable justification to enact a blanket ban on the recording of public Council meetings. The free engagement of residents with their municipal government is a fundamental component of democracy.”
“We urge you to immediately reverse the City’s unjustified prohibitions. Failure or delay in doing so may result in legal proceedings,” he stated.
