At the Libertas Post, we've spent a fair amount of time following the plight of the Jaworski family in Clarington, Ontario, who fell afoul of local bylaw officials last year.
Their crime? Holding an event called the Liberty Summer Seminar on their property, a celebration of freedom that got hammered by a variety of bureaucratic interferences. In the end, Marta and Lech Jaworski faced tens of thousands of dollars in fines and licensing fees.
But the Jaworskis fought back. They appealed to local politicians, and they found support coming in from all sides. Eventually,last December, the Canadian Constitution Foundation came to the Jaworskis' defence, and, two months later, their combined efforts have been successful: the Jaworskis are out of this bureaucratic hell.
According to the CCF press release:
"The CCF filed court documents maintaining that the forbidding of the LSS would constitute a breach of the Jaworskis’ constitutional right to freedom of assembly under the Canadian Charter of Rights and Freedoms.
The municipality informed the CCF last week that the charges against the Jaworskis would be withdrawn, in recognition of the fact that “their use of the property was purely for the purpose of a peaceful assembly and expressive activity”.
CCF Litigation Director Karen Selick said, “We are very satisfied with this result, and we’re particularly pleased that Clarington conceded the Jaworskis’ constitutional rights instead of putting them through the ordeal of a trial”."
You can see a video rundown of this victory from CCF litigation director Karen Selick here. A report from Brian Lilley can also be read in the Toronto Sun. More coverage at Willowpond.ca.
Gerry Nicholls writes: "sometimes the best way to stand up for freedom is just to show a willingness to fight. Bureaucrats and politicians often don't expect us to fight for our rights. And when we do, they will sometimes back off." Tasha Kheiriddin in the Post muses, "Perhaps there is hope for common sense, and personal freedoms, after all."
Meanwhile, Andrew Phillips, in an email sent out to his mailing list, writes: "A great blow for property rights and all Canadians who wish to use their property, and the privacy it assures Canadians, to their own best interests and not that of the state."
This is all very true. But, as Hugh MacIntyre notes: "This vindication of course does not make up for the months of strain that municipal officials put on this innocent family. It doesn’t make up for the threat to their future that the $50 000 fine represented."
Still, despite the high cost of this victory, it's a victory nonetheless. Or, as Marta and Lech Jaworski's son, and one of the Liberty Summer Seminar's organizers, Peter Jaworski, wrote in an email distributed to a mailing list of supporters and those following the case: "We won! We won! [...] Thank you so much to all of you who supported our cause, who gave to our defense, and for your moral support as well. Without your help, support, and encouragement, we couldn't have done it."
It sounds like Peter and his fellow directors at the Institute of Liberal Studies are getting right back into the swing of things, with another Liberty Summer Seminar in the planning stages for this year. The Jaworskis seem to be taking to heart what Peter said after I emailed him for comment: "What great news. It's good to see that we have the freedom to celebrate freedom in the Municipality of Clarington."
Freedom is back in business in Clarington. Let's hope it stays that way.
