Response to EX6.23 and Related Directives: Graphic Image Delivery and Display of Temporary Signs with Graphic or Disturbing Images

Some residents receiving flyers with graphic images without their consent have reported that such flyers are harmful and distressing to view, especially for young children or people who have had miscarriages or abortions. When placing restrictions around content, however, staff are mindful of balancing the protection of persons' health, safety and well-being with enforcement considerations including Charter rights. Assessing what constitutes a "graphic" or "disturbing" image on a flyer or on a temporary sign such that it would be subject to enforcement action would be challenging and would vary based on the person viewing the image. As such, staff do not feel it is feasible to recommend by-law changes at this time. Staff's recommendation considers mechanisms already available to residents to prevent the unsolicited delivery of graphic flyers. Further, the City's newly amended Chapter 693, Signs, Election, and Temporary regulates advocacy signs in a content-neutral manner, with requirements regarding the number, size, physical dimensions, and location. These new regulations attempt to strike a balance between residents' desire to express themselves, while minimizing clutter and preventing safety hazards. Legal Services and Transportation Services have been consulted in the preparation of this report.