Nanaimo bylaws restricted recording of public meetings and municipal spaces
In April 2025, the City of Nanaimo adopted bylaws that prohibited members of the public from recording City Council meetings and placed broad restrictions on photography and video recording in municipal facilities and other public spaces. Lawyers funded by the Justice Centre warned that the bylaws unjustifiably restricted freedom of expression protected by the Charter.
The amendments prohibited members of the public from recording Council meetings unless authorized by the Chair. They also restricted photography and video recording in municipal facilities and locations where City services are provided, while authorizing penalties that included removal from Council meetings, fines, and suspensions from City property for up to 18 months.
The wording of the Respectful Spaces Bylaw was especially broad.
Because it did not clearly identify where recording was prohibited or how residents could obtain permission, the bylaw could have been interpreted to prohibit ordinary activities such as taking family photographs in a park or recording a child’s soccer game.
Lawyers warned the bylaws violated the Charter
After the bylaws were adopted, lawyers funded by the Justice Centre sent a legal warning letter to the City of Nanaimo.
The letter argued that prohibiting residents from recording public Council meetings unjustifiably restricted freedom of expression protected by section 2(b) of the Canadian Charter of Rights and Freedoms. It explained that recording public meetings promotes transparency, democratic participation, and public accountability, and argued that a blanket prohibition could not be justified.
The warning letter also raised concerns that the broad restrictions on photography and video recording in municipal spaces created uncertainty for residents and risked capturing ordinary activities that have no connection to public safety or the delivery of municipal services.
After reviewing developments, lawyers funded by the Justice Centre decided not to pursue legal proceedings. The matter is now considered closed.
