St Catharines challenged for censoring pro-life messages

ARPA Canada is taking the city of St. Catharines to court. In September 2023, the city passed a bylaw that forbids delivering any image of a fetus to a private residence unless it is placed in a sealed envelope with a warning label on it.

In their application to the Ontario Superior Court of Justice in late February, ARPA Canada (ARPACanada.ca) argued that the bylaw is a violation of the Charter-protected freedoms of conscience, religion, and expression, and is beyond the authority of a municipal government. They believe that “the bylaw’s true nature and purpose is to suppress pro-life or anti-abortion content,” because it doesn’t apply to any other gory images.

Such a bylaw could impact the Canadian Center for Bio-ethical Reform (EndTheKilling.ca) which has long used abortion victim photography to show the public the gory reality of what abortion is. As the organization explains on its website:

“By studying effective social reform movements of the past – from the British Abolitionists, to the National Child Labour Committee, to the civil rights movement – we can see how they changed the unchangeable by exposing injustice using visual evidence, and confronting the culture with that evidence.”

ARPA Canada doesn’t use abortion victim photography, but does include ultrasound pictures of living unborn babies in its campaign materials, so they’d also be required to put a warning label on their envelopes. “The bylaw requires ARPA and its volunteers to mislead people about our message,” said John Sikkema, ARPA’s legal counsel. “Ultrasound photos are common and innocuous, not offensive or disturbing.”

St. Catharines is the latest Canadian city, along with London, Woodstock, and Calgary, that have passed bylaws in an effort to prevent the sharing of pro-life materials.

Photo is of ARPA Canada material that would require a warning label if delivered via the mail.