Should Hamiltonians have the right to be disrespectful to city council?

Hamilton city council is on the verge of changing its rules so anyone who "speaks disrespectfully" of its decisions will be booted from a meeting. But a handful of residents say this violates people's right to criticize their government.

The city is revamping its procedural bylaw, which looks at the nuts and bolts of how city hall meetings operate. 

The new draft version says "no person in attendance" at a council or committee meeting "shall speak disrespectfully of any vote of council or a committee." It doesn't elaborate on what would be disrespectful speech.

If someone violates this, the draft says, they can be "removed from the meeting."

Critics say without a definition, most people who speak before councillors would qualify.

"This is a huge infringement on people's free speech," said Cameron Kroetsch. He told the city's governance review subcommittee Tuesday that the bylaw is "undemocratic."

The Canadian Charter or Rights and Freedoms protects people who criticize government decisions, said city hall watcher Joey Coleman. The case of Fred Bracken versus the Town of Fort Erie, he said, shows people don't have to be polite or restrained in how they criticize government.

Bracken, a well known Niagara agitator, shouted his grievances through a megaphone and called the town's CAO a liar and a communist. He won a court appeal last year.

The new Hamilton bylaw outlines other restrictions too. Presenters, councillors and audience members can't use "offensive words or unparliamentary language in or against council or a committee" or any city employee.

They also can't applaud during meetings, or speak in a manner that is discriminatory in nature based on an individual's race, ancestry, place of origin, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, colour, marital status, family status, disability or receipt of public assistance."

The new bylaw also says letters criticizing councillors or staff won't go to city council as a whole. Instead, they'll be directed to "the respective office."

It also expands the mayor's powers by making him a voting ex-officio member of every committee.

Under the current version, the mayor can already attend any meeting. But this new version gives him voting rights, and his attendance counts toward the committee's quorum.

West-end resident Craig Burley, a lawyer, said the mayor won't know enough about the issues to make an educated vote.

"Votes will be undertaken by a mayor who is not necessarily obtaining the expertise of a regular committee member," Burley said. 

"The mayor taking an interest from the side, coming in from the side and voting on an issue is antithetical to committee work."

City staff will take another look at the draft bylaw before councillors vote on it.

The subcommittee didn't say much about them Tuesday. Matthew Green, Ward 3 councillor, sounded off about the changes on Twitter last week.

"I'll go on the record and disrespect them before they even get a vote," he said. "What a joke."