Code of Conduct for Town Hall Initiative
Communications with Town Council and Local Law Enforcement
Code of Conduct for Council Meetings
Speak Before Council - City of Kawartha Lakes
Procedural Bylaw 10.09
At all times, including recesses or breaks, all persons attending a Meeting shall be restricted to the Designated Area and shall not approach the Council Floor unless invited by the Mayor or Chair.
No shouting, cheering, booing, deliberate foot-stomping or any other unprofessional or unbusinesslike conduct shall be tolerated by the Chair at the discretion of the Chair.
Persons who are not Deputations may not address the assembly and shall not do so by shouting out, interrupting, or prompting a Deputation.
Signs, banners, emblems or flags, carried or otherwise, are not permitted in the Council Chambers or other locations designated as the Council or Planning Advisory Committee Meeting place without prior authorization of the Chair.
Profanity is strictly prohibited, whether it is audible or expressed through gestures.
I would add the excellent impression it makes when we dress in business casual and sing "Oh, Canada" with conviction!
Communications to Council and Local Law Enforcement
*We are notifying you of an upcoming event and want to ensure we communicate effectively with the council and local law enforcement on the best way to proceed.
*We are attending the (town hall meeting) on (date, time) and expect to have a large delegation.
*We intend to engage in respectful discourse with our elected officials.
We are here, in good faith, to engage in respectful, reciprocal dialogue with our elected representatives on matters that are of concern to us as constituents.
We are the towns and rural folk of this region, utilizing our right to be part of the democratic process via dialogue with our elected public officials who are in service to us, the public, and have our right to assembly and representation recognized and respected.
*We have reviewed the code of conduct for town hall meetings and the criminal code sections on disturbance of the peace, mischief, and trespass, should an individual cross these lines.
*Anyone who acts outside of the code of conduct is not in alignment with the spirit of our delegation. In such cases, we are requesting your assistance with such individuals should they attempt to hijack this initiative and cause a disruption.
*Furthermore, we are requesting your feedback on our best practices and code of conduct for this initiative moving forward.
*Again, we intend to be respectful in our discourse with our elected representatives and have open-flow communication and support with the council and local law enforcement.
Benefits of Code of Conduct
If our delegates are to invest time and energy to prepare speeches, promote these events and speak for the people, we don't want those efforts wasted or, worse, hijacked by provocateurs.
We need the supporters of this initiative to go above and beyond the expected etiquette and code of conduct laid out in their Town Halls Code of Conduct.
Stepping outside of that code of conduct only hurts the image of this initiative and disrespects our presenters' efforts to build a bridge with our elected representatives.
People may naturally attend these meetings, animated, upset, and potentially aggressive. This stance will prevent our voices from being heard. Our presence, in large numbers, at town hall council meetings is intimidating enough.
Remember, one person showing up in person represents one thousand. A high level of decorum speaks volumes in our favour.
Causing a disturbance to incite a reaction puts a roadblock in effective communication. The council may walk out, and nothing is accomplished.
Outside instigators have a high potential to hijack these events and cause false flag scenarios. Those participating in this initiative must agree to the code of conduct, and this agreement must be clearly communicated to the council and local law enforcement.
Thus, we will keep the lines of communication open and the meeting running successfully.
For example, suppose someone attends the town council meeting and behaves outside the code of conduct, which would reflect poorly on us. In that case, we can say to the police and the town council that we apologize on this person's behalf; they have no affiliation with us. We are not here to participate in that manner and have given our participants a code of conduct they agree with. We would appreciate it if such persons were given a warning and further removed if such inappropriate behaviour continues. Such behaviour should not reflect poorly on us.
APPENDIX
Criminal Code (R.S.C., 1985, c. C-46) Disturbance of the Peace, Criminal Code (R.S.C., 1985, c. C-46)
Causing disturbance, indecent exhibition, loitering, etc.
175 (1) Every one who
(a) not being in a dwelling-house, causes a disturbance in or near a public place,
(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
(ii) by being drunk, or
(iii) by impeding or molesting other persons,
(b) openly exposes or exhibits an indecent exhibition in a public place,
(c) loiters in a public place and in any way obstructs persons who are in that place, or
(d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,
is guilty of an offence punishable on summary conviction.
Marginal note:
Evidence of peace officer
(2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred.
Mischief Criminal Code (R.S.C., 1985, c. C-46)
430 (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
Marginal note:
Mischief in relation to computer data
(1.1) Everyone commits mischief who wilfully(a) destroys or alters computer data;
(b) renders computer data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of computer data; or
(d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.
Marginal note:
Punishment
(2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.Marginal note:
Punishment
(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:
Idem
(4) Every one who commits mischief in relation to property, other than property described in subsection (3),(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:
Mischief relating to religious property, educational institutions, etc.
(4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:
Definition of property
(4.101) For the purposes of subsection (4.1), property means(a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;
(b) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;
(c) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or
(d) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.
Marginal note:
Mischief relating to war memorials
(4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,
(i) for a first offence, to a fine of not less than $1,000,
(ii) for a second offence, to imprisonment for not less than 14 days, and
(iii) for each subsequent offence, to imprisonment for not less than 30 days;
(b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and
(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
Marginal note:
Mischief in relation to cultural property
(4.2) Every one who commits mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, as set out in the schedule to the Cultural Property Export and Import Act,(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:
Mischief in relation to computer data
(5) Everyone who commits mischief in relation to computer data(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:
Offence
(5.1) Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data,(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:
Saving
(6) No person commits mischief within the meaning of this section by reason only that(a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;
(b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or
(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.
Marginal note:
Idem
(7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.Marginal note:
Definition of computer data
(8) In this section, computer data has the same meaning as in subsection 342.1(2).R.S., 1985, c. C-46, s. 430 R.S., 1985, c. 27 (1st Supp.), s. 57 1994, c. 44, s. 28 2001, c. 41, s. 12 2005, c. 40, s. 3 2014, c. 9, s. 1, c. 31, s. 19 2017, c. 23, ss. 1, 22019, c. 25, s. 162
Trespass https://www.ontario.ca/laws/view
Trespass to Property Act
R.S.O. 1990, CHAPTER T.21
Consolidation Period: From September 1, 2016 to the e-Laws currency date.
Last amendment: 2016, c. 8, Sched. 6.
Definitions
1 (1) In this Act,
“occupier” includes,
(a) a person who is in physical possession of premises, or
(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
even if there is more than one occupier of the same premises; (“occupant”)
“premises” means lands and structures, or either of them, and includes,
(a) water,
(b) ships and vessels,
(c) trailers and portable structures designed or used for residence, business or shelter,
(d) trains, railway cars, vehicles and aircraft, except while in operation. (“lieux”) R.S.O. 1990, c. T.21, s. 1 (1).
School boards
(2) A school board has all the rights and duties of an occupier in respect of its school sites as defined in the Education Act. R.S.O. 1990, c. T.21, s. 1 (2).
Trespass an offence
2 (1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1.
Colour of right as a defence
(2) It is a defence to a charge under subsection (1) in respect of premises that is land that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of. R.S.O. 1990, c. T.21, s. 2 (2).
Section Amendments with date in force (d/m/y)
Prohibition of entry
3 (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).
Implied permission to use approach to door
(2) There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited. R.S.O. 1990, c. T.21, s. 3 (2).
Limited permission
4 (1) Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only. R.S.O. 1990, c. T.21, s. 4 (1).
Limited prohibition
(2) Where entry on premises is not prohibited under section 3 or by notice that one or more particular activities are permitted under subsection (1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited. R.S.O. 1990, c. T.21, s. 4 (2).
Method of giving notice
5 (1) A notice under this Act may be given,
(a) orally or in writing;
(b) by means of signs posted so that a sign is clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the premises to which it applies; or
(c) by means of the marking system set out in section 7. R.S.O. 1990, c. T.21, s. 5 (1).
Substantial compliance
(2) Substantial compliance with clause (1) (b) or (c) is sufficient notice. R.S.O. 1990, c. T.21, s. 5 (2).
Form of sign
6 (1) A sign naming an activity or showing a graphic representation of an activity is sufficient for the purpose of giving notice that the activity is permitted. R.S.O. 1990, c. T.21, s. 6 (1).
Idem
(2) A sign naming an activity with an oblique line drawn through the name or showing a graphic representation of an activity with an oblique line drawn through the representation is sufficient for the purpose of giving notice that the activity is prohibited. R.S.O. 1990, c. T.21, s. 6 (2).
Red markings
7 (1) Red markings made and posted in accordance with subsections (3) and (4) are sufficient for the purpose of giving notice that entry on the premises is prohibited. R.S.O. 1990, c. T.21, s. 7 (1).
Yellow markings
(2) Yellow markings made and posted in accordance with subsections (3) and (4) are sufficient for the purpose of giving notice that entry is prohibited except for the purpose of certain activities and shall be deemed to be notice of the activities permitted. R.S.O. 1990, c. T.21, s. 7 (2).
Size
(3) A marking under this section shall be of such a size that a circle ten centimetres in diameter can be contained wholly within it. R.S.O. 1990, c. T.21, s. 7 (3).
Posting
(4) Markings under this section shall be so placed that a marking is clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the premises to which it applies. R.S.O. 1990, c. T.21, s. 7 (4).
Notice applicable to part of premises
8 A notice or permission under this Act may be given in respect of any part of the premises of an occupier. R.S.O. 1990, c. T.21, s. 8.
Arrest without warrant on premises
9 (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2. R.S.O. 1990, c. T.21, s. 9 (1).
Delivery to police officer
(2) Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer. R.S.O. 1990, c. T.21, s. 9 (2).
Deemed arrest
(3) A police officer to whom the custody of a person is given under subsection (2) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and bail. R.S.O. 1990, c. T.21, s. 9 (3).
Arrest without warrant off premises
10 Where a police officer believes on reasonable and probable grounds that a person has been in contravention of section 2 and has made fresh departure from the premises, and the person refuses to give his or her name and address, or there are reasonable and probable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant. R.S.O. 1990, c. T.21, s. 10.
Motor vehicles and motorized snow vehicles
11 Where an offence under this Act is committed by means of a motor vehicle, as defined in the Highway Traffic Act, or by means of a motorized snow vehicle, as defined in the Motorized Snow Vehicles Act, the driver of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act and, where the driver is not the owner, the owner of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act unless the driver is convicted of the offence or, at the time the offence was committed, the motor vehicle or motorized snow vehicle was in the possession of a person other than the owner without the owner’s consent. 2000, c. 30, s. 11.
Section Amendments with date in force (d/m/y)
Damage award
12 (1) Where a person is convicted of an offence under section 2, and a person has suffered damage caused by the person convicted during the commission of the offence, the court shall, on the request of the prosecutor and with the consent of the person who suffered the damage, determine the damages and shall make a judgment for damages against the person convicted in favour of the person who suffered the damage. R.S.O. 1990, c. T.21, s. 12 (1); 2016, c. 8, Sched. 6, s. 2.
Costs of prosecution
(2) Where a prosecution under section 2 is conducted by a private prosecutor, and the defendant is convicted, unless the court is of the opinion that the prosecution was not necessary for the protection of the occupier or the occupier’s interests, the court shall determine the actual costs reasonably incurred in conducting the prosecution and, despite section 60 of the Provincial Offences Act, shall order those costs to be paid by the defendant to the prosecutor. R.S.O. 1990, c. T.21, s. 12 (2).
Damages and costs in addition to fine
(3) A judgment for damages under subsection (1), or an award of costs under subsection (2), shall be in addition to any fine that is imposed under this Act. R.S.O. 1990, c. T.21, s. 12 (3).
Civil action
(4) A judgment for damages under subsection (1) extinguishes the right of the person in whose favour the judgment is made to bring a civil action for damages against the person convicted arising out of the same facts. R.S.O. 1990, c. T.21, s. 12 (4).
Idem
(5) The failure to request or refusal to grant a judgment for damages under subsection (1) does not affect a right to bring a civil action for damages arising out of the same facts. R.S.O. 1990, c. T.21, s. 12 (5).
Enforcement
(6) The judgment for damages under subsection (1), and the award for costs under subsection (2), may be filed in the Small Claims Court and shall be deemed to be a judgment or order of that court for the purposes of enforcement. R.S.O. 1990, c. T.21, s. 12