Skip to content

New West to become first BC city restricting the delivery of graphic abortion images

Abortion-related flyers will need to be in opaque envelopes that have a warning and sender’s address when being distributed in New Westminster.
new-westminster-city-hall
New Westminster city council unanimously supports a bylaw regulating the delivery of graphic images related to abortion.

New Westminster is set to become the first B.C. city to adopt a bylaw restricting the delivery of graphic images.

On Monday, council unanimously supported a graphic image delivery bylaw that will regulate the unsolicited delivery of graphic abortion-related flyers to residences. The bylaw will require materials with graphic images to be delivered inside an opaque envelope that has a warning on the outside and information showing the name and address of the sender; the bylaw is specific to graphic images of aborted fetuses and does not apply to offensive graphic images in general.

“We know that New Westminster and Burnaby are the two municipalities that apparently have received these … flyers delivered without envelopes, to many, many homes,” said Coun. Ruby Campbell. “And I am just horrified that that's been happening.”

If approved, Campbell said New Westminster would become the first city in British Columbia to adopt a graphic image delivery bylaw. She hopes New Westminster approves the bylaw and she encourages other municipalities to adopt the graphic image delivery bylaw.

In September, Campbell and Coun. Tasha Henderson presented council with a motion directing staff to report back on regulating the unsolicited delivery to premises of graphic images, so recipients have a choice on whether they want to view such images.

At its Dec. 16 meeting, council unanimously approved three readings of the graphic images bylaw, as well as provisions to enforce the matter through the city’s ticketing bylaws – the bylaw notice enforcement bylaw and the municipal ticket information bylaw.

Campbell thanked all of the residents who have been advocating for this bylaw, as well as the Abortion Rights Coalition of Canada for its efforts to respond to a community concern and a public safety issue. She said it can be harmful to some individuals’ mental health when they receive flyers depicting graphic images without any kind of warning.

“I can't imagine anybody, let alone children, having to pick up the mail and see this flyer in their mail,” she said. “So, thank you to staff, also, for doing the due diligence. I know it was a lot of work to kind of work with legal and see what we can and can't do.”

According to a staff report, information from other Canadian municipalities that have enacted restrictions indicate those actions have had deterred the distribution of these types of graphic images. Staff aid only one of the eight municipalities contacted, Okotoks, Alberta, had received a complaint after enactment; it was unable to identify the sender and was unable to take enforcement action.

Coun. Daniel Fontaine questioned if staff anticipate any financial implications regarding bylaw enforcement and how staff will proceed in terms of enforcement of this bylaw if a complaint is received.

Jackie Teed, the city’s director of planning and development, said staff have spoken with other municipalities outside of B.C. that have implemented such a bylaw; they have found that there has been no issue that required enforcement after a bylaw was enacted.

“Based on that, we anticipate there not to be any financial implications in relation to enforcement,” she said. “As is typical with a new bylaw like this, we would monitor once it's in place. If there are additional enforcement efforts that are required, we would report back to council with requests for resources, as needed.”

Mayor Patrick Johnstone said he was approached at the curling club by a local resident who conveyed his support for the motion. The man said his four-year-old child’s favourite thing to do is to collect the mail.

“This was something that they valued as being just a simple thing the city can do to help keep their family safer and to reduce stress in their family, because they were the victims of a flyer campaign that happened in the Sapperton neighbourhood,” he said. “I appreciate that staff have found a creative way to find a solution for this, that is defensible and is reflected in what happens in other jurisdictions. So, I just appreciate everyone's work on making this happen.”