Graphic anti-abortion signs have no place in London, city politicians say

A bylaw regulating the graphic anti-abortion signs got unanimous support from city politicians Tuesday, and city staff say they're already working on creating rules that would limit such displays. 

Such work has already been underway for more than a year, with a report expected in early 2024.

"Passing the motion tonight will not have any impact because we're already working on this," said Orest Katolyk, the city's chief municipal bylaw enforcement officer, during the meeting.

The community and protective services committee (CAPS) voted 5-0 in favour of the motion, tabled by Ward 1 Coun. Hadleigh McAlister and Ward 6 Coun. Sam Trosow, requesting that city staff prepare an amendment to the city's Streets Bylaw targeting the display of graphic images, visible on public property.

"The past council acknowledged that the unregulated delivery of graphic images to residents caused harm. Our amendment to the Streets Bylaw also acknowledges that the public display of graphic images can cause harm to residents of London," McAlister said.

Last year, the previous city council enacted a bylaw targeting graphic anti-abortion flyers delivered to people's homes, requiring they be wrapped and labelled with a warning sticker. 

Graphic images is defined in the bylaw as "showing or purporting to show a fetus or any part of a fetus," a definition used in the motion put forward by McAlister and Trosow.

McAlister added that he had heard concerns from women's groups and local health-care providers about the graphic signage, noting that Victoria Hospital, where those against abortion often stand with large signs, is within his ward.

"For those who have lost a child, women who have had a miscarriage, or those who have chosen to have an abortion, the display of these graphic images can re-traumatize them."

Ward 4 Coun. Susan Stevenson, who is not a member of the committee, told councillors that she had received four emails opposed to the tabled motion, with three "opposed to censorship."

There are issues around freedom of expression, noting it was the main objection to last year's flyer bylaw, Trosow acknowledged. 

But, he said, the previous council determined that the flyers bylaw constituted a permissible limitation under the Charter of Rights and Freedoms, satisfying the Oakes test, which is used to determine if limiting a Charter right is reasonable and can be justified under the law.

"My looking at this is we're doing the exact same thing here," Trosow said.

McAlister and Trosow's motion comes as city staff are already examining potential changes to the city's signage bylaw with a focus on graphic images. The previous council voted in August 2022 to have staff report back on the matter at a future city hall meeting.

"We have direction already, and it's number one on the deferred matters list... We have (been) tentatively scheduled to report back in (early) 2024," Katolyk said.

A public participation meeting would be held to gather public feedback on any draft amendment brought forward, which will then be factored into a subsequent draft, he said.

"Based on the public interest in this issue, I expect this to be a lengthy public participation process with opinions on both sides."