New West may join nine other Canadian cities in regulating the unsolicited distribution of graphic images depicting a fetus.
New Westminster city council has unanimously approved a motion directing staff to provide proposed bylaw amendments related to the delivery or distribution of printed materials that show, or appear to show, a graphic image of a fetus. The motion, approved at Monday’s meeting, recommended these images be delivered in a sealed opaque envelope that includes a “graphic content” warning and identifies the name and address of the sender.
Councillors Ruby Campbell and Tasha Henderson submitted the motion to council after hearing from community members voicing concern about being inadvertently exposed to graphic content on pamphlets sent to local residences.
New West resident Christi Arellano said she is among the many residents who have serious concerns about the distribution of graphic images of alleged aborted fetuses that are being distributed by an anti-choice group.
“They consist of vivid and disgusting images of what appear to be fetuses and body parts of fetuses clearly visible at a glance,” she told council at its Sept. 9 meeting.
In addition to contacting city council, Arellano said she also spoke to the Abortion Rights Coalition of Canada, which has provided details about “viewer discretion” bylaws passed in nine Canadian cities. She said bylaws aimed at regulating the delivery of flyers with graphic images are also in the works or being considered in several other cities.
“I'm here to strongly encourage you to make the effort … to pass a bylaw that will protect your constituents from the harmful, unwanted and unnecessary exposure to this graphic imagery,” she said. “As you can imagine, a child collecting the mail for a parent could be traumatized by viewing these images of what looks to them like dead babies, all on a glossy colour flyer.”
But it’s not just children who could be traumatized by the flyers, Arellano said.
“If someone has tried and failed to become pregnant, become pregnant and suffered a miscarriage or stillbirth, become pregnant and made the difficult choice to terminate that pregnancy, this can cause enormous anguish,” she said. “And this isn't limited only to the person who became pregnant or could become pregnant; partners and family members can also be traumatized by images like this.”
Arellano said she’s not calling for a ban on the distribution of the pamphlets but wants them to be concealed in opaque envelopes that have a content warning.
“Nobody's going to be ambushed by these horrible images,” she said.
Campbell said council heard from many community members about this issue just before council’s summer break.
“The motion means that it can still be delivered,” she said. “But it balances the right to freedom of expression with the charter and privacy rights of residents and municipal obligations that we have to ensure safe and welcoming community free of harassment.”
Henderson noted that news reports sometime include warnings about disturbing content, so there are precedents for what’s being proposed.
“This request is driven by community members … who have reached out to us to let us know how unsettling and traumatic it is to receive images and flyers like this in the mail, often with disturbing and graphic images,” she said.
Henderson said she received one of these pamphlets and was glad she went to the mailbox before her then-four-year-old child, who liked to retrieve the mail.
“We're not banning anything,” she said. “We're just looking to regulate how this information is delivered to our residents in a way that protects them from harm.”
Henderson believes it’s important that residents know who is providing the information that is delivered to their mailboxes, so that they can follow up – whether they agree or disagree with the contents.
Amendments approved
In addition to the motion from Campbell and Henderson, council unanimously supported some amendments suggested by Coun. Daniel Fontaine.
“I have no problem with the motion. I just need to have more information around the full scope of what will happen if we do adopt it,” he said. “I think that is good governance and just a good process to have this information prior to adopting a bylaw, not after you've adopted the bylaw.”
The amendments ask staff to report back to council on: the success rate from other Canadian cities who have imposed a similar bylaw; the fines and other enforcement measures imposed by other Canadian jurisdictions; and the anticipated enforcement resources required by city staff to effectively implement and enforce this bylaw. Council also asked staff to provide a legal opinion on the constitutionality of the proposed bylaw.
Henderson said city staff report back on all motions approved by council, so that information will be included in a subsequent report.
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