Draft bylaw 'not strong enough' to stop graphic anti-abortion flyers, critics say

A proposed City of London bylaw to address concerns about graphic, anti-abortion flyers doesn't go far enough say critics who plan to push councillors to take a tougher approach when the issue comes up in a public participation meeting on Tuesday. 

City staff put forward a draft bylaw in September that would prohibit the delivery of unaddressed flyers at homes that display a sign saying "no flyers" or "no junk mail." Community newspapers, mailouts from all levels of government and election material would be exempt. 

Before making any decision, the city's community and protective services committee wanted to open it up to a pubic participation set for Tuesday. 

The draft bylaw was put forward in response to pushback to the widespread mailbox delivery of full-colour flyers from an Alberta-based anti-abortion group. The flyers feature images of dismembered fetuses. They were dropped in mailboxes without an envelope, so critics say they have the potential to cause psychological harm, particularly to children or women who've experienced pregnancy loss. 

The flyers triggered a rash of complaints to city hall in the fall of 2020 when they were distributed across the city. 

Katie Dean formed the group Viewer Discretion Legislation Coalition in response to the flyers

She said she's happy city council is working on ways to address the issue, but the proposed bylaw lacks the teeth to be an effective deterrent. In particular, she pointed to the fact that there are no penalties for those who ignore the "no-flyers" signs.

"It's not strong enough, it's not good enough," said Dean, who herself suffered a pregnancy loss in 2004. "We're going to need some kind of fine attached to this." 

Dean said that without penalties, the groups distributing the flyers in a Canada-wide effort will have no reason to stop. She said homes that currently display "no flyers" signs still often get the flyers.

"They don't respect people's boundaries and privacy," said Dean, who plans to speak at Tuesday's meeting. 

Dean said she would prefer an approach similar to a private member's bill being introduced today at Queen's Park. Titled the Viewer Discretion Act, it specifically calls for a ban on the delivery of flyers with graphic images of fetuses unless the flyers are delivered in an opaque envelope with a description of what's inside. That way, anyone who doesn't want to see the images wouldn't come upon them unexpectedly when they slide through the mail slot or land on the doorstep.

The bill is supported by three London-area NDP MPPs and would include a $100 fine. It's being reintroduced on Tuesday after it was stalled in the spring.

The city staff report proposing the London bylaw argues for a voluntary compliance approach as an initial step, with the option of adding fines later on if needed.

Deanna Ronson said this approach is too slow and not targeted enough to be effective. 

"We have overwhelming evidence of harm, people have been traumatized by these images," she said.

"That's why we want a specific bylaw that bans graphic images with specific penalties."

Dean said it's time for local governments to move past inaction caused by fear of charter challenges or lawsuits. 

"It's just tiresome when everybody passes the buck," she said. "Somebody needs to do something and we need to take a stance and I think that the city council can do that."