Following in the footsteps of the City of Calgary, Airdrie’s city council unanimously approved bylaw amendments during the Sept. 5 council meeting regulating the distribution of flyers in Airdrie containing graphic images.
The Community Standards bylaw now states graphic flyers can only be distributed if the graphic image is contained in a sealed opaque envelope; the exterior of the envelope contains the legible warning: “Contains a Graphic Image that may be offensive or disturbing”; and the exterior of the envelope clearly identifies the sender and the sender’s address.
The changes were presented to council on July 4 as a result of complaints from residents who received anti-abortion flyers depicting images of aborted fetuses at their door. Many said their children saw the flyers and were upset, stated Mayor Peter Brown in July.
On top of the regulations, anybody found to breach the new amendments would be fined $1,000 per offense. This means if 40 flyers are distributed, the fine would be $40,000.
The envelope cannot contain a transparent window but must be completely opaque, administration noted.
Council clarified that while most city bylaws are first treated with an educational approach, this bylaw will not receive the same leniency. Any offense will be investigated first and charges will be laid without using an initial educational approach.
The bylaw amendments do not prohibit flyers from being delivered, but allow residents to make a conscious decision about whether or not they want to view the content of the flyer, administration explained.
Airdrie’s public had the chance to have their voices heard by council during the public input session on Sept. 5, but despite nobody coming forward, council said the public was loud and clear in their previous correspondence.
The topic has garnered much public engagement over the past several years, said Coun. Candice Kolson.
"We had, I would say, in the last three years the most engagement that I've had from any citizens; the most emails and concerns for this topic. It's a long time coming. I'm happy to see there's some traction."
She added she was glad to see other communities leading the way in regulating these flyers.
No other municipalities in Alberta were previously regulating the distribution of graphic images on flyers due to the risk of a Charter of Rights and Freedom challenge, which is why a similar amendment was considered and defeated in Airdrie in 2019, said Tammy Belsham of the City's Legislative Services.
Belsham added the new amendments aim to strike a balance between the right to freedom of expression and the right to not be unwillingly exposed to graphic content.
“The administration believes that the proposed amendments do strike this balance," she said.
Mail delivered through Canada Post will not be subject to the bylaw amendments as it is federally regulated.
Aside from Airdrie, Calgary and Okotoks have put similar bylaws in place this year. The first city in Canada to regulate these materials was London, ON, in 2022, while cities like Toronto and St. Catharines are currently considering similar bylaws.
A petition on the website change.org, which began on May 17 stated, “No permission is being requested and "no flyers/solicitation" signs are being ignored.”
“Young children are finding these flyers and families who may be triggered by loss or grief are receiving them without warning and that's not okay. We shouldn't have to explain to young children who find these flyers what they are. We shouldn't make a teenager feel bad about their choices because they don't conform to the opinions of others. Pregnant woman and families, shouldn't have to find these, especially if they recently had a loss of any kind.”
That petition collected 628 signatures as of Sept. 5.
