Draft bylaw to stop graphic anti-abortion fliers may get more focus and sharper teeth

London, Ont. -

London may soon be the latest city to block the delivery of graphic anti-abortion flyers delivered to mailboxes, but the broad-based approach could restrict virtually all unaddressed mail delivered to participating households.

In November 2020, city council directed staff to prepare a draft bylaw after receiving numerous complaints that viewing the unsolicited flyers traumatized children and couples who have experienced pregnancy loss.

“The flyers target women and label them killers. They demonize people who have undergone a specific medical procedure. They are hate propaganda,” Abortion Rights Coalition of Canada member Deanna Ronson told the Community and Protective Services Committee during a public meeting about the draft bylaw.

Other delegates defended the flyers, which contain photographs of aborted fetuses.

“There are not just pictures on these flyers, but useful information for women seeking help through their pregnancy crisis,” said Anna Marchand of London Area Right to Life.

Treading carefully to avoid a legal challenge, in September civic administration proposed a bylaw that would allow households to post a ‘No Flyers’ or ‘No Junk Mail’ sign on their mailbox, but contains no penalty or fine for violators.

“The CCBR (Canadian Centre for Bio-Ethical Reform) is simply leafleting, sharing a message by delivering flyers to homes, a fundamental method of Freedom of Expression protected by the charter,” warned Marchand.

“Lots of speakers referenced freedom of expression in the public sphere, well, when you walk up someone’s driveway and step on their porch, you are now on their private property,” said Councillor Shawn Lewis.

“This problem could be solved by people just stopping the behaviour, but it’s clear to me listening to people who are weighing in -- they won’t. They won’t unless there is some rule that says you can’t and some mechanism to enforce it,” lamented Councillor Jesse Helmer.

The committee wrestled with an unintended consequence of the proposed by-law -- that it would not differentiate materials containing graphic images from other flyers.

The ban would only permit materials delivered by Canada Post, election campaign literature, community association newsletters, newspapers and government information at participating homes.

“It’s also catching all kinds of other potential messages that are not causing harm right now,” added Helmer. “There is a problem with that approach.”

Based on the public input received, the committee recommended council refer the draft bylaw back to staff to make it more targeted and to add penalties for violators.

Council will consider the recommendation at its November 16 meeting.