The CCF, however, after a careful review of the Civility Policy passed by the Whitehorse City Council, is of the opinion that this policy violates the right to freedom of expression guaranteed under section 2(b) of the Charter of Rights and Freedoms and will chill members of the public from attending Council meetings and participating in our local democracy. [...] I have received instructions from the CCF to commence legal proceedings against the City of Whitehorse pleading the unconstitutionality of the Civility Policy. [...] My client has instructed me, however, to delay the filing of a lawsuit to provide the City of Whitehorse with an opportunity to amend its policy at or before its Council meeting to be held on the 16th of September 2024, in order to bring the policy into compliance with s. [...] Restrictions on Attire The section of the policy entitled PARTICIPANT’S ATTIRE is an unjustified limit on the freedom of expression and ought to be excised from the Policy entirely. [...] As the Supreme Court recently reiterated, the purpose of the constitutional protection of freedom of expression is to protect expressions – however unpopular, distasteful or contrary to the mainstream thinking.
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