Issue of 'respectful' communication by grant recipients coming back before Vancouver city council

A file photo shows an aerial view of Vancouver City Hall.

Vancouver city staff have come back with a recommendation on how to implement a requirement that organizations communicate with officials in a respectful manner in order to receive grant funding.

In a report coming to council Tuesday, staff explain that updating the granting policy to include this stipulation is something they were directed to do by council.

In March, the issue was raised by ABC Coun. Peter Meiszner who said he was concerned about a recommendation to give an organization $70,000 worth of funding due to comments a representative of that group had made about Mayor Ken Sim during a media interview after the municipal election.

The ask – put forward via an amendment -- was for staff to craft "proposed requirements for all city grant programs that require grant recipients to communicate to, about, and with city officials in a respectful manner that is in keeping with the city’s respectful workplace and related policies, and requirements," the report notes.

What staff are proposing in response is a very narrow policy that would prohibit "harassment, discrimination, intimidation or threats of violence," the report says, adding that breaches would likely be "very rare."

Explaining further, the report notes that a local government restricting speech risks violating the Charter of Rights and Freedoms by potentially limiting expression and – in particular – stifling political opinions and criticism.

"Local government officials must be open to critique of their actions and decisions – this is a core tenet of democracy and political life,' the staff report says.

"Communication that is simply critical of policy actions or decisions of the city or city officials would not be considered discriminatory, threatening, intimidating, or harassing," it later adds, noting that many non-profits and community organizations engage in advocacy on behalf of the communities that they serve.

However, it also says that the political sphere has become increasingly toxic, both online and in real life.

"Governments of all levels and across the globe have been contending with egregious abuse and harassment of elected officials and public servants – in particular, women –resulting in reluctance to take on elected roles or other public-facing positions," the report says.

Staff also note that the behaviour covered under this new policy may already be covered by federal criminal law and the provincial human rights code.

The proposed policy is meant to balance these two concerns.

HOW WILL IT BE IMPLEMENTED?

Staff are proposing that complaints about grantees would be investigated if and when staff are made aware of a potential breach. This could happen either through a report or through "media."

The investigation would include a follow-up with the person who made the statement and questions about their intent, the context and "whether they were speaking or acting on behalf of the grantee or on their own behalf," the report explains.

After that, staff would be able to recommend either denying an application or revoking funding that has already been distributed. That recommendation would be voted on by council, after the grantee is given the chance to speak at a meeting.

If approved, the eligibility requirement will be effective starting in 2024.

Earlier this year, the ABC majority on council voted to deny a $7,500 grant to the Vancouver Area Network of Drug Users for an art table. In that case, city staff said the program met the criteria for funding and had been successful at achieving its aims, which were to operate a weekly drop-in on the Downtown Eastside where vulnerable residents could connect with one another, be creative and use art as a therapeutic tool.

While VANDU campaigned against the election of Sim and his party, the decision, in that case, was not explicitly because of the group's activism. Instead, concerns were raised about how the group had used a separate, unrelated grant.

The mayor and ABC councillors, when speaking about their decision to deny just one of the hundreds of recommended grants, stressed the need to "send a message" to the organization.

The opposition councillors were unanimous in their criticism of the move, saying it seemed like VANDU was being singled out, and questioning whether the decision to deny funding was politically motivated.