The District of 100 Mile House council is unanimously opposing a proposed neutral space bylaw.
The bylaw, which was not proposed by council, but rather by two members of the public, Coleen Welton and Marty Blazina, would be for "the purpose of ensuring public buildings, crosswalks and flags on public property remain neutral in the town."
The proposed bylaw would ban decorations, permit crosswalks only be painted in the standard white striped pattern between two parallel lines, have only national flags, the provincial flag of British Columbia or the District of 100 Mile House flags to be raised on flagpoles on public property or facilities. The bylaw would prohibit flags displaying or supporting political movements, social movements, religious movements, or commercial entities on public property or facilities. The bylaw would not allow for any grandfathering.
Such a bylaw would ban rainbow sidewalks from being installed or LGBTQ+ flags from being flown by the District of 100 Mile House.
"A neutral space policy would protect the mayor and council from unwanted conflict by making governing decisions easier to implement, allowing our elected officials to remain neutral and avoid division in our community," wrote Welton and Blazina in their proposal.
One example Welton and Blazina cite in the package is Bylaw No. 08-2024 in the town of Barrhead, Alta. - around an hour-and-a-half drive northwest of Edmonton. The bylaw passed via plebiscite within the town and led to the removal of a rainbow crosswalk there.
In B.C., no similar bylaw exists, however, in Campbell River, their council nixed the idea of a permanent rainbow crosswalk in 2017. This was because it did not fit with the city's Refresh Downtown project, according to a 2017 article by the Campbell River Mirror.
After hearing the presentation, Coun. Marty Norgren said he could not imagine, as long as he is a councillor, that he would ever support a bylaw like this.
"I don't think this presents neutral anything," Norgren told council.
Coun. Donna Barnett also had trouble with supporting such a bylaw, stating everyone is entitled to an opinion and no one should be scared to talk about their opinions.
"Doesn't mean that you agree with your husband, most times you don't," Barnett said, making an analogy to squabbling couples.
Coun. Dave Mingo also agreed with Norgren and Barnett.
"This is just a trampling of freedom of expression, is what I see here."
Council voted unanimously to merely receive the bylaw proposal. After the meeting was adjourned, controversy began as citizens of 100 Mile House also debated the merits and detriments of such a bylaw onlline on Facebook.
John O'Fee is a professor of business law at Thompson Rivers University and himself a former councillor with the City of Kamloops. When asked by the simplymastery about the legality of such a bylaw he said, if it had even passed, it would be a blatant violation of human rights legislation.
"If you're trying to engage in an action that excludes one group of people, not so subtly, and then there's a good argument that their human rights are being violated. Certainly, sexuality, sex and gender identity are expressly protected under the B.C. Human Rights Code," O'Fee said.
He explained to prove a human rights violation under the B.C. Human Rights Code, one has to show that you are being treated differently under a balance of probabilities.
O'Fee also stated such a bylaw could have unintended consequences.
"I think that there's an argument that true neutrality would also, if you're really neutral as a municipality, (mean that) you shouldn't put up Christmas lights. If you're really neutral as a municipality, there's a question of whether or not churches should pay property taxes," he noted.
In attendance at the meeting were the 100 Mile Pride Society, as well as several supporters of the proposed bylaw. Supporters declined to talk to the simplymastery, while a representative of the Williams Lake Pride Society, who attended the council meeting, did. Helena Morgan, the president of the Williams Lake Pride Society, said she showed up to provide "moral support for the 100 Mile Pride Society."
"It is important to us at WLPS (Williams Lake Pride Society) to show solidarity," said Morgan in an e-mail correspondence with the simplymastery. Morgan said the neutral space bylaw would have been "oppressive towards minority groups."
In addition, Morgan stated the bylaw was likely introduced because people were not comfortable with change in an ever-changing society.
"Things will be different 10 years from now, and people will be uncomfortable then too," Morgan speculated.
With files from Kristen Douglas.
