Jean-Paul Murray, a dedicated and caustic critic of Chelsea’s handling of Gatineau Park, was issued five fines under the bylaw in 2023, each for $509.
A Chelsea activist, fined more than $2,500 for insulting local politicians, is going to court to argue that the municipality’s “civility” bylaw is unconstitutional.
Jean-Paul Murray, a dedicated and caustic critic of the municipality’s handling of Gatineau Park, was issued five fines under the bylaw in 2023, each for $509.
The fines were levied under Chelsea’s “peace and good order bylaw.” It prohibits abusive and insulting language — or swear words — being directed at municipal politicians, police officers and officials. The bylaw, passed in 2022, also applies to online comments.
Murray contends the bylaw unfairly infringes on his right to freedom of expression as guaranteed by the Charter of Rights and Freedoms.
“I think they’re targeting me because I’m the harshest critic of what they’re doing at Meech Lake,” Murray said in an interview Monday.
“I’m not just calling these people out because I don’t like the way they look: It’s because they’re mismanaging the public trust,” he charged. “What I’m doing by using this colorful language, I’m focusing attention on a scandal.”
A writer and translator, Murray is secretary of the Gatineau Park Protection Committee. He contends Chelsea has wrongly allowed 119 structures to be built without municipal permits by people who own private land around Meech Lake. Many of the structures are on the shoreline, lakebed or other NCC land.
He also alleges Chelsea officials have withheld relevant documents about private development on Meech Lake in violation of access to information laws.
In emails and Facebook posts, Murray has harshly criticized Chelsea politicians for their conduct, calling them “tinpot tyrants,” “nimrods” and “fart catchers,” among other things.
Evening Update
The Municipality of Chelsea did not return a request for comment Monday.
Chelsea Mayor Pierre Guénard has told Low Down to Hull and Back News that the municipality had “no choice” but to fight back against Murray’s insults, which he described as intimidating and derogatory.
“As a municipality, we must guarantee a harassment-free workplace for our employees,” he said.
Murray’s constitutional challenge to Chelsea’s civility bylaw is being argued by lawyer Mark Bourrie. The case was scheduled to be heard this week in the Chelsea courthouse, but it was postponed Monday.
A new court date has yet to be set.
In a legal brief filed as part of the case, Bourrie argues that “while insults can be cruel and unkind, they are not against the law.”
“Whether we like it or not, insults are part of politics,” Bourrie wrote. “Pierre Poilievre’s nickname of ‘Sellout Singh’ would be illegal under this bylaw if Mr. Singh was a Chelsea councillor instead of being the national NDP leader. As for things said about Justin Trudeau, perhaps the less said, the better.”
Bourrie said there’s no suggestion Murray engaged in threats or hate speech, and he noted Chelsea officials could have sued for libel if they believed his posts met that threshold.
The municipality tried to have Murray charged with criminal harassment in 2023, Bourrie said, but Gatineau police decided his behaviour did not warrant such a charge.
Chelsea instead has sought to criminalize insult, he said, with a bylaw that does not allow fair comment or truth as a defence. Both are common defences in libel cases.
The Supreme Court has placed strict limits on when a constitutional right, such as free speech, can be circumscribed. Bourrie said the Chelsea bylaw does not meet the court’s legal test.
“It infringes a highly protected right — expression on political matters and matters of public interest — to protect the feelings of members of a town council,” he argued.
Bourrie wants the court to strike down the law as unconstitutional and dismiss the charges against Murray.
How to police behaviour in the online political arena is an increasingly significant issue in Canada, particularly given the treatment of female politicians.
In February 2024, France Bélisle resigned as mayor of Gatineau, citing the deleterious health effects of dealing with a hostile online community. Former environment minister and Ottawa Centre MP Catherine McKenna was a frequent target of online harassment and regularly denigrated as “Climate Barbie.”
In his legal brief, Bourrie suggested politics is not for the thin-skinned.
“Their actions and attitudes are matters for public discussion in a democracy,” he said. “They voluntarily enter the public arena. Because people take some issues very seriously and express themselves emotionally or critically, politics can be rough.”
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