(UPDATE: July 17 @ 9:27 am ) – The City of Nanaimo has clarified that recent changes to its respectful spaces bylaw do not restrict or prohibit the ability for people to take pictures or videos in city parks, trails or outdoor spaces.
Rather, the bylaw changes give the city the ability to post policies and a code of conduct regarding the use of facilities and equipment.
A statement from the city said this is “to ensure that everyone using and working within the facility is treated with respect, courtesy, fairness, and equality.”
The code of conduct within city facilities may be deemed necessary and could include restrictions to the use of recording devices, the city added.
.jpg)
The statement says it does have some spaces in recreation facilities where recording is prohibited and some facilities have a code of conduct in place that restricts the recording of city or facility staff.
“Unfortunately, this is because some individuals were confronting staff and putting cameras in their face to intimidate them,” the city said in its statement to NowMedia.
As for the restriction of recording council meetings as claimed by John Carpay for the Justice Centre for Constitutional Freedoms is not entirely true.
“Further misleading information is out there about these meetings and the facts as outlined in the bylaw are that the Council Procedure Bylaw prohibits, unless authorized by the Chair, the recording or photographing by the public while at the meeting so as not to disrupt the meeting,” the statement explained.
Currently, the mayor of Nanaimo has the ability to allow this, or the chair if not the mayor.
The statement said the mayor, Leonard Krog, has done this for a number of local media.
The city tracks these requests so media sources do not repeatedly have to ask permission and city council moved a provision in recent months for accreditation of media.
The statement concluded by stating that council and committee meetings are live-streamed on the city’s website and recording are posted and available online. Council meetings are also broadcast on local TV channels.
(Original story: July 15 @ 6 pm) – A BC city is facing a potential legal challenge from the Justice Centre for Constitutional Freedoms over two controversial bylaws that restrict video recording and photography in public spaces.
John Carpay, president of the Justice Centre, called recent measures introduced by the City of Nanaimo “outrageous” during a recent interview with KelownaNow, arguing they infringe on fundamental democratic rights and freedoms guaranteed under the Canadian Charter of Rights and Freedoms.
The bylaws were adopted in April 2025 and will amend existing regulations to prohibit video recording of city council meetings and require city authorization for taking photographs or videos in public parks and trails.
Carpay said these restrictions undermine transparency and accountability, particularly in public council meetings.
“They’ve amended two bylaws, one to prohibit video recording of city council meetings, which is just outrageous. These are public meetings,” he said. “The other one is to make it illegal for people in Nanaimo to take photographs or make videos in public parks and trails, if you can believe that.”
Carpay argued that the bylaws overstep existing provincial privacy laws, which already address inappropriate photography or recording.
“The British Columbia Privacy Act—it’s already illegal under provincial law to violate other people’s privacy,” he explained. “If there’s somebody who’s really zooming in the lens on you or one of your kids, that’s already illegal. It’s potentially criminal as well.”
He dismissed the city’s justification—framed as protecting against “pedophiles and perverts”—as “outrageous rhetoric,” noting that existing laws sufficiently cover such concerns.
The Justice Centre contends that the bylaws violate freedom of expression, a right protected under the Charter.
Carpay highlighted Supreme Court rulings that affirm photography and videography in public spaces as protected activities.
“The Canadian Charter of Rights and Freedoms, the freedom of expression section, includes the freedom of thought, opinion, belief, and freedom of the press and other media of communication,” he said. “The Supreme Court has said that taking photographs, making videotapes is a protected activity.”
Carpay also pointed to the rise of citizen journalism as a critical democratic tool, noting that restricting recordings could stifle public discourse.
“We’re now in an age of citizen journalism where it’s not that hard for anybody to video record something and post it on the internet,” he said. “The right to video record or audio record a city council meeting, provincial legislature, federal parliament—individuals have the right to take note of what’s happening politically and to broadcast and disseminate that to others.”
The bylaws also raise concerns about selective enforcement, particularly against independent media, Carpay said.
“If you’re the correct journalist that’s going to report favorably on the mayor and city council, you’ll get approved,” he said. “But if we suspect you’re being hostile to us or of a different political persuasion, we’ve seen this happen federally.”
The Justice Centre has issued a legal warning letter to Nanaimo, demanding the bylaws be repealed. If the city does not comply, Carpay said they are prepared to file a court action.
“If they don’t back down, we’re going to be filing a court action against the city seeking a court order to strike down these new provisions,” he stated.
Carpay also drew parallels to a similar case in Manitoba, where the Justice Centre is challenging a bylaw in the Rural Municipality of Springfield that bans recording of municipal council meetings.
The controversy comes amid broader concerns about government overreach, with Carpay citing the federal Strong Borders Act as another example of legislation cloaked in appealing language but containing troubling provisions.
“The Strong Borders Act should be called the Strong Surveillance Act,” he said, warning that it includes measures allowing warrantless searches and data collection. He claimed the Act is pushing Canada “a third of the way to becoming a full-on police state.”
As the Justice Centre prepares for potential litigation, Carpay remains hopeful that public pressure and legal action will prompt Nanaimo to reconsider.
“Over the years, the Justice Centre has achieved many successes where a strong legal warning letter will produce really good results,” he said. “But when necessary, we’ll sue them and take them to court.”
The City of Nanaimo has not yet publicly responded to the Justice Centre’s letter.
