Two Calgary residents, travelling to the 1 Million March for Children protest in September 2023, struck up a conversation with a like-minded individual on the Calgary C-train. The train was mostly empty and nothing untoward occurred, save this private, friendly conversation.

When they went to exit at their stop however, both men were held by transit police, one was handcuffed, and both were served with a notice to appear in court in November by transit authorities.

All they were told at the time, and in subsequent communications, attempting to understand their charges, was that they violated a bylaw that prohibits anyone on transit property from engaging in activity that would “interfere with the comfort, convenience, or quiet use and enjoyment of the transit system of any reasonable person.” As to what they said that met this vague description, they still do not know; only that they were overheard by someone who filed a complaint.

Both men obtained legal support from The Democracy Fund (TDF) with TDF Litigation Director Alan Honner representing them.

Honner confirmed that, despite efforts to obtain disclosure of their offence, nothing has been provided to date, except the existence of an anonymous and undisclosed complaint.

Recently Honner did receive a communication indicating that the charges have been dropped and no further court date is required. Unfortunately, this also means that there is no longer any requirement for disclosure. To this end, Honner indicated that he will meet again with his clients to determine if they wish to pursue the issue of disclosure “through another legal avenue.”

We are pleased to know that the charges were withdrawn, but hope they pursue the disclosure for transparency.

This is truly a troubling trend we are seeing in Canada, with cities and service providers implementing bylaws designed to unjustly prohibited open communication, debate, and free speech; all of which are the foundation of a free and democratic society.

We have a right to share our views respectfully, and the right to choose to be offended or to respond with civilized debate and an open mind.

That is freedom.