Proposed by-law banning graphic anti-abortion flyers would likely face legal challenge

City council will soon consider two draft by-laws aimed at stopping the unsolicited distribution of graphic anti-abortion flyers in London, but the pro-life organization behind the campaign is already threatening a legal fight.

Flyers containing images of dead fetuses sparked outrage after they were dropped into many Londoners’ mailboxes in 2020.

“It’s very triggering for anyone picking up the mail that day,” explains Deanna Ronson with Abortion Rights Coalition of Canada. “A mom could have sent a child out to get it, or a woman who has recently experienced a miscarriage.”

In a new report, civic administration presents two draft by-laws for consideration.

The first would forbid delivery of any flyer or advertisement to residences that post ‘No Junk Mail’, ‘No Flyers’, or ‘No Unsolicited Mail’ on their mailbox.

Canada Post, newspapers, and election campaign literature would be exempt.

Violations result in a $75 fine, double for repeat offences.

The second draft by-law would forbid door to door distribution of any graphic images citywide.

Tickets would be $350 dollars, doubling for repeat offenders.

Graphic images would be defined as “a detailed pictorial image or series of images, containing potentially sensitive content that may cause or trigger a negative reaction to the health and wellbeing of any person at any scale. An example of a graphic image may include, but is not limited to, a dismembered human beings or aborted fetuses.”

Ronson says the second draft by-law would offer a deterrent if directed at individuals delivering flyers and organizations acting as distributors.

“I think that it addresses the specific issue and that it has a substantial penalty,” she says.

City council will have the option to approve one, both, or neither of the proposed by-laws.

Councillor Shawn Lewis and three colleagues originally asked staff to present council with options back in 2020.

“We do have the authority to enact by-laws that protect people from harm, so I think this is a really good option for us,” Lewis tells CTV News.

However, the organization behind the graphic anti-abortion flyers, the Canadian Centre for Bio-Ethical Reform (CCBR) warns it would launch a legal challenge if the by-law is enacted.

“The Supreme Court has said that content-based discrimination is unconstitutional. The proposed by-law would attempt to regulate and prohibit specific messages, exactly what no government has the legal authority to do,” writes Blaise Alleyne in an email to CTV News.

“CCBR would explore all legal options to respond to unconstitutional restrictions on our Charter right to freedom of expression,” he adds.

But Councillor Lewis is undeterred.

“Other municipalities have enacted by-laws to varying degrees of what’s proposed in ours, and I do think we have the authority to enact this by-law, so I am confident going forward it would withstand a challenge,” he asserts.

Ronson adds, “The right to freedom of expression is limited when that freedom of expression causes harm to individuals.”

The Community and Protective Services Committee will receive the report, and confidential legal advice, at a meeting on March 1.