Facing potential challenge for violating Constitution, Niagara Falls once again bars women’s rights advocate

The City of Niagara Falls has once again denied Emily McIntosh, founder of Women of Ontario Say No, an opportunity to speak before council, citing municipal rules that do not align with any existing legislation. 

The City’s treatment of WOSN has sparked widespread backlash, led to citizen arrests and has landed the municipality on the Canadian Constitution Federation’s radar. The organization is threatening litigation if officials refuse to amend policies it sees as “constitutionally problematic”. 

WOSN is a grassroots movement advocating for stronger accountability measures for elected officials charged with harassment, abuse or violent crimes.

As previously reported by The Pointer, McIntosh was first denied the opportunity to speak at the June 17 council meeting, with the City clerk citing concerns that her remarks “may directly relate to ongoing legal proceedings.” Those proceedings involve Councillor Mike Strange, who was charged with assauly in an alleged intimate partner violence incident on May 3, after police responded to his home and found an injured woman. Strange was released the same day under strict conditions. He has a court date scheduled for July 2. He has yet to enter a plea in the case but has told other local media outlets he "never harmed a woman and wouldn’t under any circumstance." He has not responded to requests for comment from The Pointer. 

Despite City Clerk Bill Matson’s assertions, there is no rule under any legislation pertaining to council procedure which prevents a delegate from speaking on a matter of general public interest, even if a municipal council member is facing criminal charges related to the broader issue. 

This did not stop the Clerk from declining her second request to speak at the July 8 meeting, citing the same claims he used to deny her previous request without explaining which bylaw prevents such a delegation request. 

McIntosh has repeatedly clarified to the City that her appearance was not to discuss the individual case of Councillor Strange, but to advocate for legislative reform—specifically bill 9, the Municipal Accountability Act, which will be reviewed at a provincial hearing in Niagara Falls on July 4. The province’s proposed bill addresses possible changes to existing legislation that would allow the removal of council members charged with violent crimes, first on temporary leave and then for at least the remainder of the term if found guilty, through a process involving a provincial integrity commissioner.

Advocates supporting Women of Ontario Say No inside Niagara Falls council chambers on June 17.

(Ed Smith/The Pointer files)

Tensions have been mounting since the City’s first refusal. At the June 17 meeting, six women entered council chambers and silently held small signs with the words “The Women of Ontario Say No” on them. Though they did not interrupt proceedings, Mayor Jim Diodati recessed the meeting and called police after they refused to put away the signs. Three women—including Regional Councillor Haley Bateman—were arrested. They were released without charges, but the incident has sparked widespread criticism and questions about the legality of the decision.

The Canadian Constitution Federation issued a formal letter to Niagara Falls City Council on June 19, calling on the municipality to immediately rescind its sign ban policy, which the Foundation argues is unconstitutional.

“The decision to eject and arrest...individuals for carrying signs was unreasonable,” Christine Van Geyn, the CCF’s Litigation Director, wrote. “The ban on signs is an infringement on the rights of members of the public protected by Section 2(b) of the Canadian Charter of Rights and Freedoms... The right to protest with signs is a core part of democracy.”

The City's Decorum Policy for Public Meetings bans all signs unless used for a formal presentation. The CCF contends that this is “constitutionally problematic”, especially when enforced in a way that leads to arrests. The letter cites precedent-setting cases and argues that restrictions on expression must be “carefully tailored” and “minimally impairing”. Silent, peaceful sign-holding in public meetings, the CCF asserts, falls well within the protections of free expression guaranteed by the Charter.

“The heavy-handed response of the city, arresting women for silently holding signs, is disproportionate, unreasonable, and unconstitutional,” the letter emphasizes. “The damage to free expression caused by the total ban far exceeds any hypothetical benefit.”

The Foundation warns that if the City does not revoke the policy, it is prepared to move forward with litigation.

“Of course, it is our preference that Niagara Falls conduct itself in compliance with our constitution and save everyone involved including the taxpayers of the city from costly litigation,” the letter concludes. 

When contacted, the Niagara Regional Police force distanced itself from its role in the June 17 incident.

“When officers respond to incidents at public facilities, such as City Hall, they are acting based on the property owner’s authority, in this case, the City. If City staff determine that an individual or group is in violation of established rules (such as those related to signage, decorum, or disruption of proceedings), and they request that those individuals leave, police are then called upon to support that request under the Trespass to Property Act.”

In the immediate aftermath of the arrests, CAO Jason Burgess addressed council, staff and the public: “Canada differentiates itself from many other countries. We are one of the few nations founded without a war...our founding principles are peace, order, and good government.”

He defended the decision to involve police and remove the women. “We have to enforce the rules to maintain order and decorum.” Burgess did not refer to Charter rights or any of the precedent cases which suggest his position is on the wrong side of the law.

To anyone watching the meeting, it was clear demonstrators at the June 17 meeting were doing nothing to disrupt the proceedings, and were simply sitting silently with their signs. 

The CAO’s remarks have been criticized by advocates as tone-deaf, insulting and historically and legally inaccurate. 

Asked why she requested to speak again after being refused, McIntosh said, “To say women in this province, and in Niagara, are disappointed is an understatement. This is an affront to democratic engagement and the rights of citizens, all to protect the comfort of a councillor charged with domestic assault.”

She reaffirmed that WOSN’s request remains unchanged: that Niagara Falls council should pass a motion supporting proposed changes in bill 9 that would allow for councillors charged with violent crimes to be placed on leave and removed if convicted, through a process involving a two-thirds council vote and oversight by an independent panel of integrity commissioners.

“After being denied the opportunity to speak via appointment, women and people in the community are left with little avenue to help advance social change,” McIntosh said.

WOSN is calling on members of the public to attend the council meeting on July 8 at 4:00 p.m. at Niagara Falls City Hall to peacefully express concern over the repeated refusals.

“This is not about any one councillor. It’s about whether public institutions will listen to the people they serve. If we can’t even acknowledge that reform is needed, how can we ever expect it to happen?” McIntosh said. “Our work here is so far from over. For ourselves, our children and the future of good governance in this province, this effort continues. Every voice, every presence, and every person’s safety matters.”

Mayor Diodati, Councillor Strange and Clerk Matson were contacted for comment. They did not respond.

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