Lawyers funded by the Justice Centre have sent a legal warning letter to the Town of Whitby, advising Council that its policy banning members of the public from recording council and committee meetings violates the Charter and must be repealed.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 meeting on June 4, 2025.
Town policy shuts down public recording
Approximately two minutes into her remarks, a committee member interrupted Ms. Miller and informed her and her companion that the Town of Whitby prohibits audio and video recording by members of the public at council and committee meetings.
The committee also refused her request to obtain a copy of the Town’s own recording of her delegation.
Free expression and transparency at stake
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Town of Whitby’s prohibition on public recording undermines transparency and democratic accountability, and it must be repealed to comply with the Charter,” he added.
Counsel is awaiting a response from the Town.
Town of Whitby reverses course on its unconstitutional by-law
The Town of Whitby has amended its by-law to allow members of the public to record council and committee meetings following a legal warning that its recording ban violated freedom of expression protected by the Charter. The issue arose after a local resident was prevented from recording her own public delegation at a committee meeting, prompting concerns about the constitutionality of a blanket prohibition on recording public meetings.
At its February 2, 2026 meeting, Whitby Council adopted amendments removing the prohibition on public recording, noting that “the review was triggered following a recent inquiry from the Justice Centre for Constitutional Freedoms” regarding the use of personal recording devices. The amendments followed a legal warning letter sent on behalf of Jeanette Miller, a Durham Region resident, after she was stopped from recording her delegation at a Whitby Sustainability Committee meeting in June 2025. Lawyers warned council that a blanket ban on recording public meetings was not a reasonable limit in a free and democratic society.
The amendments bring Whitby’s by-law into line with constitutional requirements and restore the ability of residents to document and share their participation in local government. Constitutional lawyer Darren Leung said, “Recording public meetings is a basic aspect of transparency and democratic accountability, and it is protected by section 2(b) of the Charter. Allowing recording so long as it does not disrupt proceedings is a reasonable and constitutional approach.” Mr. Leung added that “this is a positive development for residents who want to engage with their local government and share that engagement with others. It shows that when municipalities are alerted to Charter concerns, they can correct course without the need for litigation.”
The Justice Centre welcomes the Town of Whitby’s decision to respect the free expression rights of residents attending public meetings.