The Canadian Constitution Foundation (CCF) has taken a stand against the City of Edmonton’s recent policy requiring journalists to seek permission before reporting on Edmonton Transit Service (ETS) property. 

In a letter dated November 14, CCF counsel Josh Dehaas wrote to the city of Edmonton, declaring this mandate as an “unconstitutional” infringement on press freedoms. 

An October 31 news release introduced a policy requiring media to notify and obtain consent from the City of Edmonton to report from transit centers, LRT stations, buses, and trains.

However, the city now denies a specific media access policy exists for the City of Edmonton or ETS, claiming there was a “misunderstanding.” 

This denial contrasts with experiences shared by multiple Edmonton journalists who have faced requests for prior approval before reporting on ETS properties.

The original directive aimed to ensure media activities do not disrupt the transit service’s safety and effectiveness.

However, the CCF, a constitutional rights legal advocacy group, argues that such requirements unduly restrict freedom of expression and press rights safeguarded by section 2(b) of the Canadian Charter of Rights and Freedoms.

CCF Counsel Josh Dehaas expressed concern that the policy might prevent journalists from covering significant public interest stories, such as issues in LRT stations. 

“As a former journalist, I’m suspicious that this policy is aimed at preventing journalists from doing their job,” Dehaas stated. 

CCF Litigation Director Christine Van Geyn urged the city to replace the policy with one that allows journalists to report freely, provided they do not interfere with transit safety or enter secure zones.

Brent Jolly, president of the Canadian Association of Journalists, criticized the restrictions as “absurd”, emphasizing that no jurisdiction in Canada denies such access under the guise of safety. 

He added that this policy reflects a tightening grip over press freedom in Canada, highlighting a concerning trend for Canadian journalism.

The CCF warned of potential legal action if the ETS declines to bring the policy into compliance with the Charter.  

Edmonton Transit Service responded to True North upon learning of CCF’s letter.

“Edmonton Transit Service does not have a policy requiring media to first seek permission to report or film on ETS property. ETS prioritizes the safety and privacy of transit users, and all persons using ETS property – including media – must comply with City bylaws governing conduct on transit property. Media should also ensure that any reporting or filming does not impact the safe and efficient operation of transit facilities,” the ETS said.

They added that the October 31 media invitation to cover the opening of the Valley Line LRT caused confusion. The media release announced opportunities for reporters to view the LRT line in advance of the public, said the ETS. 

“Given the public and media interest expected on opening day, our communications staff advised that any additional reporting, filming, or conducting business on ETS property required advance notice,” the ETS told True North. 

According to the ETS, this statement was merely intended to address the LRT’s opening day.

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