The Association for Reformed Political Action (ARPA) Canada is asking the Divisional Court in the City of London, Ontario, to strike down a city bylaw that the former views as a threat to free pro-life speech. ARPA Canada is a grassroots Christian political advocacy organization headquartered in Ottawa, Ontario.
The ambiguously named “By-law to regulate the Delivery of Graphic Images in the City of London,” defines a “graphic image” as any photo of a fetus. Such photos are not limited to aborted baby pictures but also include ultrasound photos and pictures of healthy babies in the womb.
It is worth noting that the bylaw does not apply to any type of picture—only fetal imagery. Its passage was the result of efforts from the Abortion Rights Coalition of Canada and Pro-Choice London, two organizations that are opposed to fetal imagery.
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As a Christian pro-life organization, the Association for Reformed Political Action Canada uses ultrasound photos in campaign materials.
“This bylaw threatens ARPA and its volunteers with significant financial penalties simply for sharing the pro-life message with an ultrasound photo,” said member Anna Nienhuis.
Under the bylaw, individuals may not deliver flyers with fetal imagery to private homes unless the flyers are put in sealed envelopes. The envelopes must be marked with a warning stating that their contents include “a graphic image that may be offensive or disturbing to some people.”
ARPA Canada argues that a simple ultrasound photo shouldn’t be marked this way.
According to John Sikkema, the group’s legal counsel, the bylaw forces both the organization and its volunteers to mislead people about its core message.
Nienhuis echoed this thought, saying, “Ultrasound photos are a beautiful view of life in the womb, something I’ve hung on my fridge and shared with friends and family. They are not offensive or disturbing – labelling them as graphic images is misleading and inappropriate.”
Tweet This: A London, Ontario, bylaw restricts only fetal imagery & resulted from efforts by the Abortion Rights Coalition of Canada & Pro-Choice London
The legal challenge
In its application to the Divisional Court, ARPA argues that the bylaw is a form of compelled expression. Such compelled expression can be seen as a clear violation of the Canadian Charter of Rights and Freedoms, which protects, in addition to other things, freedom of expression.
The group is also arguing that “a municipality does not have the constitutional authority to regulate the distribution of literature based on the City’s judgment of what specific content, point of view, or subject matter is objectionable or offensive,” according to a press release.
In an email, Sikkema stated that his supporting evidence for the case should be filed within the next few weeks.
The City of St. Catharines, also in Ontario, put forth a similar bylaw last year that Sikkema challenged. When faced with the legal challenge, the city chose to repeal the bylaw.
Sikkema is expecting victory in the challenge against the City of London as well.
“I am optimistic about the case,” he told Pregnancy Help News.
