Changes to an Okotoks bylaw provide a clearer definition of what constitutes a graphic image.
The Town’s Community Standards Bylaw states that flyers with graphic images must be in an envelope, with a warning and the sender's information visible. Fines for violations start at $500 and can climb to $1,000 for multiple offences in the same year.
Town staff found that the definition of "graphic image" was too broad and could impact free speech, and the bylaw was amended during Okotoks’ council meeting on Oct. 15.
The original bylaw defined a graphic image as any subject matter that is not in compliance with the Canadian Code of Advertising Standards and offends the standards of public decency prevailing among a significant segment of the population.
The new definition specifies a graphic image as "a visual image that offends the standards of public decency prevailing among a significant segment of the population or showing, or purporting to show a fetus, or any part of a fetus outside of the womb, aborted or not.”
Using a narrower definition minimizes the risk of infringing on rights and would make enforcement action easier to defend, the Town said.
The issue of distributing graphic flyers door-to-door came to the attention of Okotoks council after anti-abortion flyers with explicit images were delivered to homes in 2023.
Over the last 16 months, Okotoks Municipal Enforcement said there were two complaints from residents who had graphic flyers delivered to their homes.
The Town’s bylaw does not apply to mail delivered by Canada Post, which is under federal jurisdiction.
