Summary:
St. Catharines’ city council voted to adopt a by-law on the use of fetal images, supposedly in response to images of aborted babies being distributed in St. Catharines. The bylaw prohibited delivering a “graphic image” to private residences unless it is in a sealed envelope with a warning that it “contains a Graphic Image that may be offensive or disturbing to some people.” The bylaw defined “graphic image” as “an image or photograph showing, or purporting to show, a fetus or any part of a fetus,” meaning it also applied to ordinary ultrasound photos such as those used by We Need a Law. The bylaw also required the person who delivered the flyer to include their name and address on the envelope. ARPA Canada challenged the by-law, arguing that the City lacked jurisdiction to impose such a by-law, which was an exercise in politically motivated censorship. Three weeks before the scheduled court hearing, and six months into the litigation, the City of St. Catharines repealed the bylaw.
Articles:
Bylaws regulating fetal images are unacceptable acts of political censorship
Legal challenge launched against St. Catharines by-law that targets pro-life speech
