Region updates code of conduct rules in hopes of hindering harassment
Posted Sep 28, 2023 04:15:43 PM.
Last Updated Sep 28, 2023 06:35:58 PM.
The Region of Waterloo is making changes to its Code of Conduct by-law despite concern from some the wording may be too vague.
In specific, Regional council is looking to crack down on what it sees as harassing or discriminatory behaviour on Regional property.
In a release, it said the changes originally stem from several recommendations previously presented to council by the Coalition of Muslim Women in support of the eradication of Islamophobia across Waterloo Region.
“[The amendments] are designed specifically to address and prohibit harassing behaviour by one person against another on the Region’s premises,” said Graham Walsh, regional solicitor, Region of Waterloo.
“I just want to be clear as well,” Walsh continued. “The amendments are not intended to prevent legitimate political discourse on Regional premises.”
That said, that is exactly the concern raised by a number of delegates who claimed the way the changes are worded could also result in a chilling effect on legitimate, legal protest.
“The wording of it matters because, regardless of what you’re trying to do with it, it’s the power that comes behind it–what can be done with it–that matters,” said Cambridge Ward 6 Councillor Adam Cooper, in opposition to the new changes.
“I could be wearing a t-shirt right now that says something that someone disagrees with. They say it makes them feel uncomfortable and, suddenly, I have to leave… I could be fined,” Cooper added.
Now, according to the Region’s lawyers, that is not quite the case.
Walsh made sure to point out the criteria for what is considered harassment is not necessarily based on personal beliefs and feelings but, “would a reasonable person in this situation have reason to believe that this is harassment or an action that would cause a person to feel harassed — it’s an objective standard at law.”
That sentiment, also echoed by those delegating in favour of the amendments like local activist and woman who is trans, Brooklin Wallis.
“This amendment doesn’t mean you can’t walk on school property with your insulting t-shirt, or that you can’t talk about these issues in public, and it doesn’t even stop the protests [against the inclusion of 2SLGBTQ+ curriculum in Canadian public schools] last week,” Wallis said. “All it means is that you can’t call me a ‘f*****’ as you walk down the street.”
Ultimately, the amendments were approved by a unanimous vote after a caveat was added into the wording specifically stating “subject to the provision that nothing in this subsection shall prevent or limit a lawful protest.”
The region has also asked for another review of the legal language prior to the new rules taking effect on Jan. 1, 2024.
