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Fort Erie Mayor moves to restrict council videotaping

The Mississauga Muse

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Citizens of Fort Erie are asking citizens to show up at Council this evening in support of the public's right to videotape public meetings.

Far as I know there are only two people who do this in Ontario. This guy in Fort Erie (with council now making moves to restrict/deny public videotaping) --and me, in Peel.

Town of Caledon restricted me on Tuesday refusing to allow me use of their images on my videotaped footage of their debate on the Bill 130 closed meeting "hiring of investigator" debate. (You know. Bill 130, that was to herald in a new age of Transparency and Accountability?)


"Mayor not ready for his closeup

Fort Erie considers controls on citizens taping meetings
Posted 4 days ago

To record, or not to record: Mayor Doug Martin is questioning whether citizens should be permitted to record public council meetings.

Martin wants town staff to look into potential regulations and if or how other municipalities deal with recording devices, including video cameras, being used in council chambers.

"I'm not trying to stop democracy or restrict the public's right to know, as some would like to believe," Martin told The Review.

"We've had an individual videotaping our meetings - which I don't have a problem with - but are we going to allow anybody in the public to do that?

"Or are there certain regulations and procedures we should or could be looking at in dealing with this?"

John Gilmour, a Fort Erie resident, has posted clips of town council on YouTube, specifically twice-monthly council-in-committee meetings which are not televised by TV Cogeco.

At a council meeting last month, Gilmour captured footage of Coun. Ann-Marie Noyes accusing Coun. Sandy Annunziata of plagiarizing a code of conduct he submitted as part of a report to re-designate and re-establish the Bridgeburg Station and Ridgeway business improvement areas. The debate was posted to YouTube.

"Even the mention of a staff report on this matter - that they might want to consider limiting citizens' rights to tape their public, and I stress public, meetings - is outrageous," Gilmour said.

"The only conclusion I can draw from this is that there are certain people that don't like what I am doing.

"They are afraid of certain things making it to public light that they don't want out there. Sometimes these people forget who they work for."

Gilmour said he tapes council meetings because he doesn't believe local government is as transparent as it should be.

"This is another way of getting the news out. I don't censor anything, and whatever I record is put on YouTube unedited."

Gilmour said the only thing he might add to files are descriptions about each video posted.

David Siegel, dean of Brock University's faculty of social sciences and professor of political science, said any citizen, regardless of their job description, "has the right to stick a microphone in front of someone's face, just as that someone has the right to walk away from that microphone.

"If a meeting is open to the public, I don't see how you can restrict them from recording that meeting," said Siegel.

"The mayor might want to look into some practical issues, like having the (recorder) stand in a certain place so as not to be disruptive to the rest of the audience. I can see the mayor being concerned if everybody came in with hotlights and equipment, but I highly doubt that would ever happen."

Coun. Noyes said she doesn't object to the public recording council - in fact, she encourages it.

"I applaud anyone who is that interested in local government that they would take the time to come out and tape our meetings," Noyes said. "The public voted this council into power and we should never forget who we represent."

Councillors Bob Steckley, Richard Shular and Annunziata say they don't have a problem with taping, if it is done fairly and isn't disruptive. Coun. Martha Lockwood couldn't be reached for comment.

"Like it or not, we are always going to be watched until we are no longer in public office," Steckley said. "We just have to accept that there will be people who like and others who don't like what we say or do.

"But we don't have the right, in my opinion, to censor or discourage them in any way."

Coun. Tim Whitfield said he is "not intimidated" by being videotaped, but he outlined legal actions that can be taken if a councillor feels their reputation has been tarnished by a "manipulated piece of footage."

"Unfortunately, there are some people in this town who enjoy spreading untruthful rhetoric in order to get their bias feelings across," said Whitfield, declining to name the individuals he was referring to."

Whitfield said it would be difficult to enforce a bylaw or regulation prohibiting any member of the public from recording council meetings.

"I suppose if we pass a bylaw that only allows accredited media to record, that could be a way."

Niagara Falls city clerk Dean Iorfida said filming has never been a problem here. He said in some municipalities, permission for recording is required and in all communities, the person filming can't be disruptive.

According to information from the Association of Municipal Clerks and Treasurers, in Markham regular council meetings can be recorded through audio streaming on the town's website. The use of recording equipment in the council chamber by the public or media is permitted, provided it is not disruptive.

In the Township of Nairn and Hyman, near Sudbury, meetings can be recorded when requested in writing with the use of the municipality's own equipment.

In Peel, the public can use recording equipment at public meetings if it is not disruptive."

[CORRECTION: Regarding Peel. Peel Regional Council allows videotaping, as does Brampton and Mississauga as well. Very important --Caledon lets you shoot video but doesn't allow their faces to be shown! I have this feeling that this means from now on when I post a Peel video clip with someone from Caledon speaking or in the background I have to black them out!]
 

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