Local Law/ The Canadian Constitution

Here's The Lowdown on Graffiti and the Law:

I personally think its unconstitutional to say that commissioned graffiti must be:

 not in public view and the Person who owns or occupies the Premises, structure or other property to which the Graffiti has been created or applied has given prior written approval for the creation or application of the Graffiti.

The Canadian Charter of Rights Says We Have:

b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.

Local Law and Implications :

PART 6 – GRAFFITI PREVENTION AND ABATEMENT

19. (1) For the purposes of this Part, “Graffiti” means words, figures, letters, drawings or stickers applied, scribbled, scratched, etched, sprayed or attached on or to the surface of any Premises, Structure, or other property.

(B/L 14M2009, 2009 April 06)

(B/L 52M2010, 2010 July 19)

(2) No person shall create or apply Graffiti on or to any

(a) Premises,

(b) Structure, or

(c) Other property which is owned or occupied by another Person

unless the Graffiti is not in public view and the Person who owns or occupies the Premises, structure or other property to which the Graffiti has been created or applied has given prior written approval for the creation or application of the Graffiti.

(B/L 52M2010, 2010 July 19)

(3) Every owner or occupier of a Premises shall ensure that Graffiti placed on their Premises is removed, painted over, or otherwise blocked from public view.

(B/L 52M2010, 2010 July 19)

(4) Subsections (2) and (3) do not apply to a sign, as defined in the Land Use Bylaw 1P2007, as amended, for which a development permit has been issued.

(B/L 14M2009, 2009 April 06)

(B/L 52M2010, 2010 July 19)

Canadian Charter of Rights:

FUNDAMENTAL FREEDOMS.

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association. 

Interview with Bylaw-Officer Porter

I asked the Bylaw officer about the wording of the bylaw that I found questionable; he said "graffiti" murals don't have to be out of public view as long as the property owner has granted permission.

I asked him about the content and media used in murals, and if that could be censored, and he told me that all depended on "land use bylaws" for the specific site. He said the "land use bylaw" is over 5000 pages long.

So the bottom line from their POV is….

-the City of Calgary does not think Graffiti is art...check out this harsh website...it even tells parents to narc on their artistic teenagers...

http://www.graffitifreecalgary.ca/

-However...If the building owner grants permission, it's probably ok.

-Parks and Rec have tried legal walls and things have always deteriorated to underage drinking, drug use and fights…

-The Bylaw officers and the Police say it costs them too much money to regulate.

-The Shaw Millennium Fiasco cost Taxpayers 100's thousands and Taxpayers complain.

I asked if it would be possible to do a project like I did in Nanaimo, repaint an underpass and a group of artists being accountable for the maintenance, and he said to get an area zoned for art I would have to talk to "corporate properties" or "roads."

-Without Parks and Rec, Bylaw, and City Politicians support, I have the feeling I'd be up against a Brick wall with "corporate properties" or "roads."

Does Anyone Else Care Enough about this to work with me, and create opportunities and social change?