WHITBY, ON: The Justice Centre for Constitutional Freedoms announces that 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 the Town’s recording ban violated freedom of expression protected by the Charter.
At its February 2, 2026 meeting, Whitby Council adopted amendments removing the Town’s prohibition on public recording at council and committee meetings, 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 who was prevented from recording her own public delegation at a Whitby Sustainability Committee meeting in June 2025. Lawyers warned Council that a blanket prohibition on recording public meetings was not a reasonable limit in a free and democratic society.
The changes 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.
