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By Steve Weatherbe
AT FIRST hearing, many people on Sidney’s town council seemed to accept the argument for a general ban on religious
activities in the seaside community’s park bandshell, without question.
But wiser heads have prevailed, as have small matters like the Canadian Charter
of Rights and Freedoms, not to mention considerable case law around freedom of
expression.
The ban was not new, Sidney’s chief administrative officer Murray Clarke explained when it came before
council in July as part of a hefty compendium of protocols for the new
shoreline performance venue: since the early 1990s the regulations for use of
the gazebo in Beacon Park for performances called for a ban on “commercial, religious or political” uses – unless specifically approved by council.
That stipulation, and other guidelines, were rudimentary. But with a
million-dollar redevelopment of the park, including a much spiffier bandshell,
city staff had buckled down and produced a much spiffier set of guidelines. For
churches and politicians, however, the old ban would remain.
Clarke’s defence of the ban he had inherited was simple. “I’d like to not be offended bringing my kids to the park. I don’t want to be confronted by some sort of performance that is offensive or
promotes intolerance.”
Councillor Jeannette Hughes, however, thought the policy, old or new, was silly.
In fact, she says, “It was total discrimination.”
Moreover, if it was an old policy, it certainly was not one that had ever been
followed. She ought to know – because, as a long-time member of the Association of Christian Churches, she had
vigorously and successfully campaigned for member churches to make their
presence known to the community in seasonal parades, community festivals,
summer concerts and plays at the supposedly religion-free Beacon Park. All with
nary a single complaint about intolerance.
“These were not attempts to proselytize,” noted Hughes, a third-term councillor. “They were just community events.”
Ironically, she observed, when the new bandshell was finished in June, one of
the groups performing at the opening ceremony was a Christian gospel band
called the Flying Fish. Again: no complaints.
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Hughes’ advice to park users was that even if they were offended by gospel music, they
could do the same as if they were offended by rock music, and move out of
earshot.
Hughes tried to get the new policy tabled and examined by a task force. But
other councillors noted that a policy was needed immediately because the
facility had attracted many applications for its use over the summer.
A quick fix was initiated: the old policy would prevail for now. In the
meantime, a legal opinion would be sought.
After all, there was the Charter, with its list of four “fundamental freedoms” – leading off with “freedom of conscience and religion” and “freedom of thought, belief, opinion and expression.”
The search was done and the ban has been lifted. Clarke admits that legal
opinion and other voices of reason have indicated that the once and future ban
was “entirely inappropriate.”What’s more, said Clarke, “there are already adequate laws against hate speech.”
September 2009
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