By Charlene Tebbutt

City and Right to Life group square off in court

Sep 26, 2018 | 8:19 AM

A lawsuit involving a local Right to Life group is making its way through the courts.

The Prince Albert Right to Life Association is suing the City of Prince Albert after it was denied the chance to fly its flag during Celebrate Life Week activities last year. The group is seeking a judicial review of the decision.

At issue is a picture on the group’s flag, which depicts a cartoon fetus with the words “please let me live” on it. The organization had been flying the same flag on the City’s courtesy flag pole every year since 2007.

The City argued in court Tuesday that the flag created controversy amongst the public.

Mitch Holash, who is representing the City in the matter, said the City tried to work with the group to find an alternative to the flag last year. He said applications to use the courtesy flag pole as part of local celebrations require the flag design to be submitted to the City in advance as part of the approval process, which wasn’t done in this case.

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Holash said the city did grant the group’s request to proclaim May 8-14, 2017 ‘Celebrate Life Week’ and allowed them to use the City hall foyer for a special event as well.

“The City feels it did not restrict their right to free expression to any degree that offends the Charter of Rights and Freedoms,” Holash said outside Prince Albert Court of Queen’s Bench.

“The City’s view is that it has supported this local group to allow it to give a voice in respect of its right to express itself and its position without commenting on whether it supports it or doesn’t support it, it supports its right to express itself, and it feels that it afforded that opportunity to this particular group.”

Lawyers representing the Right to Life group said in court Tuesday that the City offered no explanation as to why the flag couldn’t be flown in Memorial Square. Marty Moore, with the Justice Centre for Constitutional Freedoms argued that the group’s rights were violated, adding the City did not provide transparent or intelligible reasons for denying the group’s flag.

Moore said the City’s justification that the flag was not a nationally-recognized one doesn’t hold water. He said Mayor Greg Dionne gave the group “no insight into what was objectionable about this flag and why it was objectionable.”

“This flag is a platform, if you will, for community expression,” Moore said in court. “In this case, it’s quite clear the City rejected the flag for some reason based on the content.”

The case was adjourned following arguments Tuesday. The judge in the case has said it will be some time before she has a decision in the matter.

City Council decided earlier this year to do away with its courtesy flag pole for community groups. 

Charlene.tebbutt@jpbg.ca

On Twitter: @CharleneTebbutt