BOTWOOD, NL: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre have sent a legal warning letter to the Town of Botwood to end its prohibition on recording public council meetings, following an incident involving local news publisher Elmo Hewlett.
Botwood is located in central Newfoundland, approximately 425 kilometres by road from St. John’s. Mr. Hewlett operates The Voice of Grand Falls, a website reporting on local news in the Grand Falls area of Newfoundland and Labrador. He regularly records municipal council meetings, including meetings in Grand Falls-Windsor, to help inform residents about decisions affecting their communities.
When Mr. Hewlett attended a Botwood council meeting, he was told he could not record the proceedings. He subsequently requested an electronic copy of the bylaw prohibiting recording. The Town responded that there would be a fee.
The Town does not publish recordings of its council meetings, leaving residents to attend in person or rely on written minutes. Allowing members of the public to record open meetings would give residents another way to follow council proceedings and assess the decisions of their elected representatives.
The prohibition also raises concerns about freedom of expression, protected by section 2(b) of the Canadian Charter of Rights and Freedoms. Recording public proceedings helps residents and local news publishers gather and share information about government activity.
“The continued attempts by town councils to prohibit recording undermine local democracies. We hope that Botwood will listen to our warning and cease this unconstitutional behaviour and encourage transparency in what they do,” said constitutional lawyer Darren Leung.
Lawyers funded by the Justice Centre are awaiting the Town’s response before assessing further legal steps.
The Justice Centre is Canada’s leading civil liberties organization defending 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.
For media inquiries, please contact media@jccf.ca.
