Tiny Township council will follow in the footsteps of a neighbouring municipality and look into banning symbols of racism and hatred.
The move came after a letter by resident Reuben Hunter, who pointed council members to Confederate Flag on display in the window of a Balm Beach residence.
"I am disgusted that this symbol of racism, white supremacy, and hatred towards minorities is being displayed in the front window for all to see," says the letter. "It is visual hate speech, and I was extremely offended simply by the sight of it. I would like the council to take action and ban all sale and display of this flag. Racism has no place in Tiny, and no place in this world."
While all councillors were in favour of condemning the act and issuing a proclamation against racism, bigotry, etc., some weren't sure what role the municipality could play in deterring such acts.
"I think this is an issue that we need to consider on the context of what authority do municipalities have in this issue," said Coun. Tony Mintoff, who added that although he knows examples of municipal bylaws banning the Confederate flag, there's little legal recourse at the disposal of the municipality.
"In the Municipal Act, this issue did not fall within any of the 14 subsections respecting matters within spheres of jurisdiction for a municipality," said Mintoff. "According to (a) legal opinion, passing this bylaw would be unenforceable because it violates the Charter of Rights and Freedoms in terms of expression of interest."
Further, he said, it would be difficult for the township to determine whether somebody is displaying the flag because of an interest in the Civil War or as a form of hatred or racism.
"My understanding is it's only a hate crime if the flag is flown in order to promote hatred," said Mintoff. "My sense is we don't have the jurisdiction to deal with this issue in a way that it would be enforceable anyway. Anyone who has a concern regarding this to take it up with a member of parliament because signs of hatred or acts of hatred are a criminal code offence and they're under federal jusridiction."
Mayor George Cornell said that while he agreed with his colleague around the township being limited in its sphere of enforcement around this, he would support staff getting in touch with the Town of Collingwood to find out where its going with a similar issue that came up earlier last month.
"I've had a chance to talk with the mayor of Collingwood and they've gone through the process," he said. "It should be expeditious for us because they've done the homework."
Mintoff said he didn't disagree with council directing staff to do that, but he just wanted to caution everyone around the municipality's limitations.
"I have no issue with the township taking a position," he said. "I have no problem making a statement on the importance of inclusivity. My comments were directed towards the author asking that the township ban the flag and other symbols."
Staff will bring back a report to council at a later date.
