Winnipeg defends freedom of expression

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This article was published 28/03/2022 (1318 days ago), so information in it may no longer be current.

The City of Winnipeg is being accused of violating some residents’ rights by opening its council meetings with a prayer.

A report by the British Columbia Humanist Association accuses the city practice of being in conflict with a Supreme Court ruling on government prayers.

“That (court) decision, in our view, is pretty clear cut, that prayers at municipal councils violate the charter… They impinge the rights of the non-religious who might attend or people who don’t adhere to the faith being claimed. They violate the state’s duty of neutrality,” said Ian Bushfield, the association’s executive director.

The association describes itself as an advocate for humanists, atheists, agnostics and the non-religious.

The 2015 Supreme Court ruling found that prayers at the municipal council in Saguenay, Que., violated freedoms of conscience and religion. That decision was related to specific elements of those prayers, including the fact councillors crossed themselves in a Catholic fashion and at times had a crucifix on display. The Supreme Court found the method of prayer promoted some beliefs to the detriment of others.

In Winnipeg, the city’s legal department concluded in the past that the city’s prayer did not violate the Supreme Court ruling.

Bushfield said the association studies the use of prayer across the country but isn’t considering legal action against Winnipeg at this point.

“That’s up to the people of Winnipeg, if anyone wants to take that fight up,” he said.

After the high court ruling, the City of Winnipeg launched a review of its prayer practices, which was completed by May 2015. The review concluded council could pray on, finding its non-denominational prayer format should be allowed.

Mayor Brian Bowman said he’s reviewing the association’s report.

However, he noted local city council prayers are open-ended, with the format determined by each councillor assigned to the task.

“Even though it is called the opening prayer, there’s no requirement that it be religious. Some members of council have even chosen to use their time to sing a song… Others will just use their time to offer thoughts on a subject. And so there isn’t a requirement on members of council, in terms of that it has to be religious or an actual… prayer,” said Bowman.

The mayor said the task rotates among councillors only, so he hasn’t personally said a prayer. He said he welcomes scrutiny about the separation of church and state but isn’t sure all religious references should be ruled out.

“I also appreciate that if people want to bring their faith to that moment, I’m open to it… There is a benefit to having that time at the beginning of a council (meeting.) It is a moment of unity for council before sometimes we get into very divisive discussions and debates,” he said.

Bushfield rejects the idea that allowing various types of religious and non-religious statements to be made as a “prayer” makes the practice appropriate and inclusive.

“There’s this idea that a non-denominational statement … can be reconciled with the charter. We don’t agree. We view the ruling as saying that prayers are fundamentally an exclusionary practice… They come from a Christian worldview historically and the structure of them will inherently exclude someone,” he said.

Bushfield said his association also tried to get more information on the city’s legal review of the matter but received a heavily redacted document in response.

A City of Winnipeg spokesperson said the city has concluded its prayers don’t violate the Supreme Court ruling for several reasons.

“Unlike the practice in Saguenay, the City of Winnipeg has a non-discriminatory, open practice which encourages and promotes diversity and participation by everyone, whatever their belief or non-belief. No belief system is excluded or discriminated against,” wrote Felicia Wiltshire, the city’s communications director, in an emailed statement.

Wiltshire noted councillors can share a prayer, a non-denominational statement or “provide an alternative meditation.” Over the years, that has included songs, dances, poems and tributes.

In 2016, a human rights complaint was filed against the city over the prayers but it was dismissed by the Human Rights Commission the following year, she noted.

Bowman said he has not personally received recent negative or positive feedback on the prayers from residents.

Joyanne.pursaga@freepress.mb.ca

Twitter: @joyanne_pursaga