Vancouver is headed into a noisy week of debate over free speech, as Mayor Gregor Robertson looks to redraft a controversial bylaw that effectively bans permanent protests outside the Chinese consulate.
Already, the proposed bylaw has generated a storm of debate, both for the rules that would effectively ban the Falun Gong religious group from maintaining a round-the-clock vigil outside the Chinese consulate in a residential area of the city and for the disclosure late last week that Vancouver consulted with the Chinese government over the wording of the law.
Now, Mr. Robertson is seeking to dampen down the upset, rejig the law and still meet a court-imposed April 19 deadline set last fall when the old rules were struck down.
Mr. Robertson says a key consideration will be how much of a buffer zone is needed around diplomatic properties. The new bylaw would bar political-protest structures in residential areas (where the consulate is located), and limit their use in business and commercial zones.
The new bylaw will still bar the kind of protest that became a fixture outside the Chinese consulate on Vancouvers Granville Street from 2001 to 2009: a round-the-clock vigil by Falun Gong members inside a hut adorned with details of the various atrocities that the group alleges are regularly committed by Chinas Communist government.
The controversy over the bylaw heated up last week when city staff revealed that the Chinese government had been consulted on the bylaws wording. That has left the Falun Gong Association of Vancouver, among others, outraged that a foreign government was consulted. Its so, so, so I dont know how to describe it, said Sue Zhang, spokeswoman for the Falun Gong Association of Vancouver.
The Falun Gongs hut was dismantled in 2009 on the order of a B.C court, but last October, an appeals court struck down the city bylaw, saying it unjustifiably impaired the Falun Gongs right to political expression and ordering the city to draw up a new law by April 19.
Mr. Robertson named two concerns about the replacement bylaw: He says he is not comfortable with proposals to charge licensing fees for those who wish to erect political-protest structures, and is worried that the bylaw as worded could lead to the homeless being rousted.
There could be changes that allow limited protest structures in residential areas, but Mr. Robertson is not prepared to allow permanent Falun Gong protests outside the consulate. Permanence is not part of the equation, he said, adding that he views the bylaw as a fulfilment of the citys duty to regulate structures on streets. This has nothing to do with the right to protest.
The mayors willingness to alter the bylaw first came to light in a pair of late-evening tweets on Saturday a response to growing online concern about the bylaw, Mr. Robertson said.
However, Clive Ansley, the B.C. lawyer acting for Falun Gong, said the effect of the new bylaw is the same as the old, in that it bars the hut that allowed members of the religious group to conduct a round-the-clock vigil. He said the appeal-court decision clearly stated that it is up to a protester to decide their means of protest, not government.
And he said that, barring significant changes, his clients will again take the city of Vancouver to court. Theyve ignored and defied the Court of Appeal, in my opinion, he said.
Mr. Ansley said that if a Canadian court upholds a ban on political-protest structures in residential areas, that would clear the way for any foreign government to simply relocate to avoid political flak.
A redrafted bylaw is expected to be made public as early as Wednesday, and city council is to vote on the new version on April 19.
The mayor said he still has questions on the language about residential neighbourhoods and consulates, and what responsibilities the city has under the Vienna Convention on diplomatic rights. The Convention guarantees consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.
We need clarity from staff on what buffer zone is required for consulates, Mr. Robertson said.
Proposed Vancouver bylaw triggers free speech debate - The Globe and Mail
Searched for Falun Gong and this appears. Aren't you guys embarrassed when your embassies are harassed like this globally? It was even bombed in Yugoslavia. Come on... stand up for yourself.
Already, the proposed bylaw has generated a storm of debate, both for the rules that would effectively ban the Falun Gong religious group from maintaining a round-the-clock vigil outside the Chinese consulate in a residential area of the city and for the disclosure late last week that Vancouver consulted with the Chinese government over the wording of the law.
Now, Mr. Robertson is seeking to dampen down the upset, rejig the law and still meet a court-imposed April 19 deadline set last fall when the old rules were struck down.
Mr. Robertson says a key consideration will be how much of a buffer zone is needed around diplomatic properties. The new bylaw would bar political-protest structures in residential areas (where the consulate is located), and limit their use in business and commercial zones.
The new bylaw will still bar the kind of protest that became a fixture outside the Chinese consulate on Vancouvers Granville Street from 2001 to 2009: a round-the-clock vigil by Falun Gong members inside a hut adorned with details of the various atrocities that the group alleges are regularly committed by Chinas Communist government.
The controversy over the bylaw heated up last week when city staff revealed that the Chinese government had been consulted on the bylaws wording. That has left the Falun Gong Association of Vancouver, among others, outraged that a foreign government was consulted. Its so, so, so I dont know how to describe it, said Sue Zhang, spokeswoman for the Falun Gong Association of Vancouver.
The Falun Gongs hut was dismantled in 2009 on the order of a B.C court, but last October, an appeals court struck down the city bylaw, saying it unjustifiably impaired the Falun Gongs right to political expression and ordering the city to draw up a new law by April 19.
Mr. Robertson named two concerns about the replacement bylaw: He says he is not comfortable with proposals to charge licensing fees for those who wish to erect political-protest structures, and is worried that the bylaw as worded could lead to the homeless being rousted.
There could be changes that allow limited protest structures in residential areas, but Mr. Robertson is not prepared to allow permanent Falun Gong protests outside the consulate. Permanence is not part of the equation, he said, adding that he views the bylaw as a fulfilment of the citys duty to regulate structures on streets. This has nothing to do with the right to protest.
The mayors willingness to alter the bylaw first came to light in a pair of late-evening tweets on Saturday a response to growing online concern about the bylaw, Mr. Robertson said.
However, Clive Ansley, the B.C. lawyer acting for Falun Gong, said the effect of the new bylaw is the same as the old, in that it bars the hut that allowed members of the religious group to conduct a round-the-clock vigil. He said the appeal-court decision clearly stated that it is up to a protester to decide their means of protest, not government.
And he said that, barring significant changes, his clients will again take the city of Vancouver to court. Theyve ignored and defied the Court of Appeal, in my opinion, he said.
Mr. Ansley said that if a Canadian court upholds a ban on political-protest structures in residential areas, that would clear the way for any foreign government to simply relocate to avoid political flak.
A redrafted bylaw is expected to be made public as early as Wednesday, and city council is to vote on the new version on April 19.
The mayor said he still has questions on the language about residential neighbourhoods and consulates, and what responsibilities the city has under the Vienna Convention on diplomatic rights. The Convention guarantees consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.
We need clarity from staff on what buffer zone is required for consulates, Mr. Robertson said.
Proposed Vancouver bylaw triggers free speech debate - The Globe and Mail
Searched for Falun Gong and this appears. Aren't you guys embarrassed when your embassies are harassed like this globally? It was even bombed in Yugoslavia. Come on... stand up for yourself.
