Freethought and Free Speech Prevail in Ottawa
Discussion March 12th, 200925 supporters of freethought and free speech turned out to the morning protest before the council meeting, and about 12 were in the chambers later in the afternoon when the vote took place. The protesters, representing the Humanist Assocation of Ottawa and the Freethought Association of Canada all had matching T-shirts, with the bus ad on the front, and on the back was a list of cities where atheist bus ads have run, with the heading “Atheist bus world tour”.
City Councilor Alex Cullen (also chair of the Transit Committee) spoke eloquently and passionately in defense of the fundamental right to freedom of expression, citing the Canadian Charter of rights and freedoms. Cullen emphasized that the right to freedom of speech must also apply to people with whom we disagree.
Councilor Marianne Wilkinson repeated her opposition to the ads, saying that she found them offensive to her Christian faith. She also re-iterated her comment that the ads were only rejected because they did not meet the previously stated policies and guidelines, saying that the FAC had been informed of this, but we had refused to comply. (The guidelines state that religious ads are only permitted if they refer to a specific event, and include time and location information; however, there are numerous examples of religious ads that do not meet this requirement – see http://atheistbusottawa.wordpress.com/examples-of-religious-ads-on-ottawa-buses/.)
One councilor took exception to the light-hearted spirit of our ad, likening it to a youthful prank (rather odd, since the assembled group of atheists sported more than a few gray hairs among the bunch of us). Mayor Larry O’Brien almost seemed about to vote in favour of allowing the ads, saying that it had been a topic of discussion at the Ottawa Inter-faith Council (which O’Brien chairs), and that “to a soul” all the faith leaders were in support of the ads, many even considering that there would be a positive effect of increased dialogue and attention to religious ideas. However, in the end, he said that he felt bound to uphold the city’s policies and therefore would vote against allowing the ads.
It is interesting to note that several councilors were willing to spend $10-20k of taxpayers’ money to fight a legal battle that the city solicitor said they would be almost sure to lose.
In the end, the rollcall vote had us nervously counting on our fingers, but the decision was in our favour, 13 to 7.





March 12th, 2009 at 3:21 am
Will this ruling force Halifax to comply? The following quote would appear to apply for them as well:
“WHEREAS the Supreme Court of Canada, in interpreting the application of the Canadian Charter of Rights and Freedoms, has ruled that a public transit company, city or municipality cannot impose a blanket ban on religious (or political) advertising”
March 12th, 2009 at 7:57 am
Halifax to run Ads. “God believes in the atheists”
March 12th, 2009 at 8:12 am
Ottawa should be proud to have Councilor Alex Cullen serving them.
I know I’m not the only one who emailed him, and his response wasn’t a platitude but direction to email all the other councilors!
Councilor Alex Cullen for mayor of Ottawa!
March 12th, 2009 at 8:58 am
Nick – “Councilor Alex Cullen for mayor of Ottawa!”
Good plan, no, great plan.
March 12th, 2009 at 12:30 pm
Who were the 7 naysayers ??
Please print their names.
March 12th, 2009 at 1:19 pm
Freethought of the day:
“I do not know how it is that anything is.
I meet a Christian, a Jew, a Moslem
They say God-Elohim-Allah.
It is irrelevant
Would deities be something?
I do not know how it is that anything is.
Some say there is a liberation
A transformation
From irreality
A facing oneself,
It is irrelevant
Would such things be something?
I do not know how it is that anything is.
Some say: who am I?
I am not this gross body
I am this gross body.
What is the nature of awareness?
What is the self?
Is there a self?
There is a self.
There is no self.
The world is to be removed
It is not to be removed
What is the nature of the mind?
There is a path to inquiry.
There is no path
I must practice
I must not practice
Everything is the Siva, the Self.
Give yourself up to God
Do not.
Do.
Whether such things are or are not
It is irrelevant
I do not know how it is that anything is.”
C.S.
March 12th, 2009 at 5:11 pm
Marianne Wilkinson, thank you!
I got all three Ottawa newspapers today (Ottawa Citizen, Ottawa Sun and the French-language Le Droit)and was delighted with the coverage. I will be clipping it out and pasting it on bristol board to bring to the dinner and meeting of the FAC/HAO Friday night, at which Justin Trottier will speak. We were also covered at City Hall by CTV, CBC, the A Channel, Ottawa Metro, 24 Hours (free newspapers)and others too numerous to mention. Later in the day, I did a live, interview-debate for six minutes on CTV Newsnet with, of all people, City Councillor Marianne Wilkinson, the “Christian lady” who voted against our ads in the transit committee which brought the issue to Council and turned it into front-page news. The interview only aired once, but it was run nationally on Newsnet at 7:21 p.m., so I would say that anywhere between hundreds of thousands and millions of Canadians might have seen it. If not for Ms. Wilkinson and two other councillors who voted against us on the transit committee, this issue would never have come before council, and we would not have gotten all this priceless, free publicity. The Ottawa Sun gave us a screaming, front-page headline in one-inch type and a picture inside. The Ottawa Citizen gave us an article above the fold on page 1 of their city section. Paul Bendus, David Burton and I (as well as other members who gave media interviews) are quoted in the coverage.
Just think! If the city staff had simply allowed our ads, or if they had taken the trouble of checking it out with their legal advisor before refusing us, our ads would probably have appeared with a minimum of fuss. Thanks to the would-be censors, we got immense publicity. And we will probably get further coverage when the ads start running.
I propose a toast to everyone who opposed our ads at Ottawa City Hall!
March 13th, 2009 at 10:55 am
Michel, I’ll join you in that toast. Yes, opposition does seem to have paid off in this case.
Do you know when the ads will start appearing on the buses? I was wondering if that could be about the same time as the May 1st to 18th Canadian Tulip Festival. Good time for added exposure.
March 13th, 2009 at 11:04 am
Gabriel,
According to Michel from his comment on a previous post:
“Voting against the motion were Miranne Wilkinson, Bob Monette, Rainer Bloess, Eli El-Shantiry, Doug Thompson, Rob Jellett and Mayor Larry O’Brien.”
March 13th, 2009 at 11:50 am
Time to get rid of them. When is the next election ?
March 13th, 2009 at 10:43 pm
All Right! Ottawa!
I really like the wording of the ruling. I think it opens up the possibility of going for many municipalities. Places like Owen Sound (where I live), Guelph , Sudbury, Kitchener, London, Barrie, Hamilton, Windsor, Thunder Bay, Saskatoon, Prince George, WhiteHorse, Chicoutimi, etc..
Even if there is no controversy, and limited press, the message still gets seen by virtually everyone in those cities.
March 14th, 2009 at 10:30 am
Hello Mat! First of all, are you the young guy with the black-and-white hair who let the back of his T-Shirt be photographed by the newspaper reporter on March 11? If so, hello again.
In answer to your question in posting no. 1, I think the really important document when it comes to the other municipalities is not so much Alex Cullen’s excellent resolution but rather the opinion put out by the City’s Clerk and Solicitor the day before the Council meeting.
You see, this is a professional legal opinion that cities like Halifax, Vancouver and Victoria should indeed take note of, because the City of Ottawa received VERY clear advice from its Sollicitor, Rick O’Connor, to the effect that refusing our ads would be ruled a violation of our Charter rights.
This opinion is in the form of Memo dated March 10, 2009 to the Mayor and Members of (Ottawa City) Council from Mr. O’Connor. I wish I had an electronic copy. Perhaps you can get one from the City. It is file no. L06-02 ADVE. Mr. O’Connor goes over the whole question of what is meant by “Offensive” and “Freedom of Expression” and summarizes pertinent court decisions. I will not try to summarize all six pages, but I will quote the conclusion: “Based on information available at this time, it appears the City may not be able to justify its refusal of the proposed advertising on the basis that it is offensive, and consequently, it may be found to be an unreasonable infringement of the Association’s freedom of expression under. . . .the Charter.
. . . . . Finally, in the absence of further evidence to support a finding that the ads would be offensive to a reasonable number of transit users, it will be difficult for the City to justify its rejection of the ads, and to sucessfully defend a legal challenge if one is received.”
I hope this memo by Ottawa’s City Clerk and Solicitor is brought to the attention of Vancouver, Victoria and Halifax city councils, if they have refused our ads. After all, we are talking about the same ads, in the same country, subject to the same Charter. I think you would by doing your municipal governments a favour by warning them that they could be sucessfully challenged in court for what they are doing. Perhaps they could request a copy of the O’Connor memo, from one Municipal Government to another.
Justin Trottier was at our event in Ottawa last night and told me that he has a copy of the memo and they are looking for ways to spread it around Canada.
If people get a copy and send it to their municipal councillors, it would help. It would be a very strategic move for one reason. Many councillors feel caught in the middle. They want to vote for Charter rights, but they know there are religious zealots out there ready to go after them. But if you send them a copy of the O’Connor opinion, you are giving them an “out”. They can vote for acceptance of the bus ads and say to their opponents: “Look, it would have been illegal NOT to allow the ads. They could have taken us to court and would certainly have won. I did not want to waste taxpayer money on a lawsuit.”
March 16th, 2009 at 4:02 pm
it’s been 5 days since the ads were approved here in Ottawa, and I still haven’t seen an ad yet. I was even waiting at a bus station (Baseline Station, for the locals) for over half an hour and didn’t see the ad at all. But what I did see was an unusually large amount of busses with empty ad spaces . . . hmmm . . .
Has anyone in Ottawa seen the ad yet?
March 16th, 2009 at 9:02 pm
Hey CRZA, the ads are not out yet. They were approved and we’re working on a contract with Pattison now. They should be up soon, probably next week.
March 16th, 2009 at 9:08 pm
The Christian’s have you beat you to it. They say the EXACT same thing.
There is only a .000001^50 chance that there is God. Therefore do not worry about tomorrow, for tomorrow will worry about itself. Each day has enough trouble of its own.”
March 16th, 2009 at 11:09 pm
Shekhinah, change the 50 to infinity and you will be closer to the answer. We have to worry about tomorrow with all the religious fanatics still present tomorrow.
March 17th, 2009 at 11:38 am
HAL.
I agree with you 100 %
There is a .00001^infinity that there is God. Therefore do not worry about tomorrow, for tomorrow will worry about itself. Each day has enough trouble of its own.”
And the Kingdom of God is within YOU. Luke 17:21
March 17th, 2009 at 11:44 am
Gabriel, you do realize that you are agreeing that the probability that a god exists is as close to zero that you can get?