A charity focused on defending Canadian constitutional rights is taking the City of Whitehorse to court over its civility policy, claiming restrictions and penalties it imposes on council meeting attendees violate free speech.

The Canadian Constitution Foundation, in a petition filed with the Yukon Supreme Court this month, described the policy as “among the most severe” in the country. It is seeking an order declaring the policy in breach of section 2(b) of the Charter of Rights and Freedoms and for it to be set aside.

Foundation attorney Josh Dehaas said in an interview that restrictions like banning signs or banners and limiting what attendees can wear to board meetings “really go way too far.”

“These kinds of policies that limit expression in city council meetings, city council meetings, have proliferated across Canada, so we thought about that issue,” he said.

“But when we saw Whitehorse … we thought, ‘this is extremely bad policy.’

The foundation’s petition follows a warning letter it sent to the city after council members voted 4-2 to adopt the policy in August, which Mayor Laura Cabot said at the time was meant to ensure a safe, respectful and efficient use of meeting time.

In addition to banning signs, the policy also requires meeting attendees to remove or cover up any attire deemed “disrespectful” and gives administrative staff permission to discard documents containing “insulting” language. Participants must also refrain from disrupting proceedings, engaging in “microaggressions, physical assault, threatening behavior (sic), verbal abuse and verbal or written threats.” Penalties for this include removal from a meeting and banning from future meetings.

City spokesman Matthew Cameron declined to comment on the petition, saying the city does not comment on legal matters.

The case has not yet been heard by a judge.

“I respect the members of the city council, but you have the right to insult them”

In its petition, the foundation notes that the city introduced the policy after several council meetings over the summer in which participants urged the mayor and council to write a letter in support of a cease-fire in Gaza and reconsider a rejected motion expressing support for the Palestinians.

Dehaas said he was “quite shocked” when he first read the policy, claiming the clothing restrictions effectively ban people from “wearing certain political messages”.

“There have been other aspects of the policy that very seriously limit free speech — for example, having the city government go through documents that people might share with the council and decide whether or not they might be offensive to city council members “, he continued.

“And you know, I respect the members of the city council, but you have the right to insult them.”

Dehaas added that he was surprised by the sign ban, noting that people “have long brought signs to city council seats and it’s giving them their political message.”

“Sometimes politicians don’t like that message, but you have every right to do that,” Dehaas said.

“We’re really concerned that local municipalities are going too far and limiting participation in local democracy, and so we need Whitehorse to … reverse this policy as soon as possible.”