The Town of Okotoks has amended one of its bylaws regarding graphic images.
At their meeting on Tuesday (Oct. 15), Town Council discussed amending Bylaw 31-23 Community Standards Bylaw to change the term "Graphic Image."
The bylaw was first updated to address graphic images in August of 2023, prompted by the distribution of graphic pamphlets in town.
When it was first updated, the bylaw stated that 'any subject matter that is not in compliance with the Canadian Code of Advertising Standards and offends the standards of public decency prevailing among a significant segment of the population.'
The bylaw also stated that any advertising with graphic images must comply with the Canadian Code of Advertising Standards.
But, according to the Town, this may render the bylaw unenforceable.
There were also concerns that this definition was too broad, and could impact the Canadian's right to Freedom of Expression under the Canadian Charter of Rights and Freedoms.
Previously, the Association for Reformed Political Action, which is a Christian, anti-abortion organization that advocates for “pre-born human rights” and often uses photos of ultrasounds as part of their work, argued with the City of St. Catharines in Ontario over the definition of graphic images.
The wording in the bylaw's definition prohibited the use of ultrasound images, though the effect of these ultrasound images on members of the public proved difficult to demonstrate.
Now, municipalities across Canada that do not properly define graphic image distribution are at risk for legal action, as this ruling would likely have an impact on similar bylaws.
Because of that, the Town opted to amend the bylaw to narrow the definition of what constitutes a graphic image.
A new definition was brought forward to Town Council at the meeting on Tuesday.
“Graphic Image means a visual image that offends the standards of public decency prevailing among a significant segment of the population or showing, or purporting to show a fetus, or any part of a fetus outside of the womb, aborted or not,” the new definition reads.
Calgary, Airdrie, and Chestermere have also all defined graphic images in their bylaws along the lines of 'an image or photograph showing, or purporting to show, a fetus or any part of a fetus'.
During the meeting, a question arose over how often the Town has received complaints about graphic images.
In the past 17 months, Bylaw Enforcement only received two calls about homes in town that have received flyers with graphic images on them.
With that said, council will bring forth another amendment to the bylaw if enough graphic images were to circulate around town.
Government bodies, such as municipalities, are allowed to make changes to their bylaws that interfere with a Charter right for a few reasons.
That includes dealing with a "pressing and substantial" issue, but the bylaw has to take a reasonable approach while dealing with the issue and the interference with the Charter right is the minimum necessary to address the issue.
At the meeting, council members passed the bylaw amendment to the bylaw, changing the definition of "Graphic Image."
The Town reminds everyone that every individual has the democratic right to free speech and should never be silenced by the law.
They want to add that graphic images are not prohibited from being distributed to residents without signs stating, 'no flyers,' but must be sealed in an opaque envelope with a warning label that states there is a graphic image inside.
The envelope must also include the name of the sender and the sender's address.
To read more about the Bylaw and how it was amended, click here.