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Delegation asks Unity town council for anti-discrimination bylaw

A regular sitting of town council meeting in Unity, Feb. 8, included more than two dozen in attendance requesting implementation of a new bylaw

UNITY - Brad Del Frari, supported by another 30 residents in attendance at the Feb. 8 Unity town council meeting, presented a request for a new town bylaw. The bylaw would prohibit discrimination “against anyone based on sex, gender, race, creed, age, disability, or medical condition or choice.”

Declaring a conflict of interest due to her relationship with the presenter, Mayor Sharon Del Frari vacated the Chair. Brent Weber, deputy mayor for January and February, conducted the meeting during the delegation’s presentation.

The bylaw proposed fines of $1,000 for a first offence, going up to $10,000 for third and subsequent offences, along with permanent revocation of a operating licence, for a business, and, for individuals, permanent banishment from publicly funded buildings and properties in Unity.

The written notice presented to council also requested the vote take place that evening and that anyone who voted against the bylaw “resign immediately.” The reasoning provided by Brad Del Frari for this request was that, if council was not in favour of the bylaw, then they were in breach of their Code of Ethics which requires council members to treat every person “with dignity, understanding and respect.”

Del Frari started the presentation by noting he has never before seen more hate and division in the community and the requested bylaw covers not only those vaccinated or non-vaccinated but race, sex, religion, etc.

Councillor Chris Halter suggested they should look at what might already exist, rather than go through the process of enacting yet another regulation.

Del Frari agreed we do already have the Charter of Rights and Freedoms and the Bill of Rights but both entail either filing a civil lawsuit or talking to the RCMP. In either case, it takes “a huge amount of time” whereas a bylaw would be local with more immediate consequences.

Councillor Curtis McLean expressed concern as to the policing of the bylaw. He thought complaints would often be hearsay with a conflict as to who said what.

Del Frari asked, well how are bylaws policed now? Councillor Bob Abel responded it is easy to prove if a trailer is parked on the street but proving discrimination “would be tough.”

Del Frari agreed, if it was one person’s word against another’s, but not if there were 10 people.

Councillor Rick Hill was concerned about the word “choice” in the bylaw. He also asked the reason for the fine amounts, noting they were “significant.” The answer provided was that they had to be significant in order for the bylaw to be effective, but Del Frari did acknowledge there might be room for debate and amendment.

Halter again expressed his opinion that he is in favour of less laws, not more, and asked, “Do you think creating additional laws on top of existing laws that already aren’t enforced would be the best method?”

Hill noted “proof” would be required to enforce the bylaw and asked if everybody would be walking around with phones and video cameras in hand. “Maybe,” replied Del Frari.

Asking for a vote on the bylaw that evening, Del Frari said, based on his reading of the provincial legislation, town council could have the first and second reading of the bylaw, then give public notice and pass the bylaw with third reading at the next meeting.

When CAO Aileen Garrett said she would have to research to ensure the bylaw was within the town’s jurisdiction to pass, Weber told Del Frari the chances of having first and second readings that evening was “probably a no.” Garrett committed to having an answer on the issue of jurisdiction by the next meeting, scheduled for Feb. 22.

Del Frari concluded by saying that what he had presented was not a formal petition but a request for a bylaw, however they were starting to gather signatures.

After the departure of Del Frari and his supporters, McLean noted “It was too bad it took this pandemic to have people come out to a council meeting and speak.”

Council concluded consideration of the requested bylaw in camera.

The public discussion of the proposed bylaw was interrupted several times by audience members wishing to address the question of social media posts made by the mayor. The question was asked, “Where do we draw the line between professional and personal. ‘I know I am the mayor but this is my personal opinion.’ So where is the line?”

One woman said people on town council shouldn’t be stepping onto social media. “As a town council member, you represent everyone. That’s why most of us are here.”

Weber, without a formal call to order, said, “We are not here for this tonight,” rather “we are discussing this bylaw.”

When the argument was made that the two issues were related, it was pointed out complaint forms, available online and at the town office, can be filled out and submitted if anyone believes the Code of Ethics has been breached.