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Canadian Street Preacher Convicted For Using Sound Amplification System

By Howard M. Friedman

In the Canadian province of Alberta, the Calgary Court of Queen's Bench yesterday reversed a provincial court's dismissal of charges against street preacher Artur Pawlowski who violated city park rules by using a sound amplification system. (See prior posting.) According to the Calgary Herald, the court rejected the argument that the ban on amplification systems was vague and overly broad. Justice Robert Hall wrote:

I am . . . satisfied that the intention of the bylaw is not to restrict the use of such items as hearing aids, cellphones, iPods or transistor radios within a park, none of which affect the safety, accessibility and enjoyment of the parks by the general public. The only reasonable interpretation of this section, when viewed in harmony with the scheme and object of the bylaw, is that it is intended to prohibit noise amplified to such an extent as to interfere with the enjoyment of the park by other users.

The court apparently also rejected arguments that the ban violated Pawlowski's freedom of expression and religion protected by the Charter of Rights and Freedoms in imposing penalties on Pawlowski.

Full post as published by Religion Clause on February 24, 2011 (boomark / email).