Wednesday, February 13, 2008

"Let her talk about the things you can't explain..." ~U2

So VD is tomorrow...everybody be romantic! Society says you have to.

In other news - my favorite player, #51 Brods, decided the last 20 minutes of the game were up to him last night. Too little too late? Of course! This is the coilers I'm talking about, but all the same, I am excited by his play and I choose to focus on the players on the ice, not all the antics going on off the ice.

Tonight I am going to pick up a sign to put on my balcony for the upcoming Provincial election. Even though my candidate doesn't have his own sign, or website for that matter....I have to choose from the more generic signs available.

So readers...Do I want just a plain "Vote NDP" sign or "Vote for Brain Mason" sign?
I figure the 2 people who still visit this blog should get to pick. You have until 5 p.m.
Commence voting!

Song Du Jour: "God's Gonna Cut You Down" - Johhny Cash

11 comments:

Heather said...

zero comments. Clearly that's a vote for the "Vote NDP" sign.

I'm going to get it right now...okay now

Mustafa Hirji said...

You need to give people more time to find that your blog is up and running again. Also, not everyone has time to check blogs during the day.

In any case, the Vote NDP sign is probably better even if it's for a party (ick!).

Heather said...

Mustafa! Good to hear from you.

"ick" indeed, but until we can vote in radical change to abolish political parties altogether the NDP is my default. Sad isn't it?
(clarification: our poltical system is sad, not the NDP - although they are a little teary eyed)

The best part of this whole deal? My Condo Board (nazi's) and their bylaws state political signs are not allowed to be displayed.
The Bylaw officer knocked on my door to issue a ticket unless I took it down!

Sooooho..anybody need a genlty used Vote NDP sign?

Catrin said...

What? No political signs?

My freedom-of-speech sense is tingling.

Can they do that?

Mustafa, tell us.

Heather said...

I've requested a copy of the bylaws and I am getting some resistance...
*if* I ever get them I will see how badly they tread on my rights...oh and see if I can find any loophole, of course.

Catrin said...

Don't let them bring you down!

Seriously. Fight the man!

Mustafa Hirji said...

I'm pretty sure they can do this. The owner of the condo complex owns the place, and by virtue of their rights of ownership, they can decide what you can and cannot do with their property. They've delegated such decision-making to the condo board. Therefore, what the condo board decrees goes.

Freedom of Expression rights as expressed within the Charter of Rights and Freedoms protect you only from the government preventing you from expressing yourself. They don't protect you from private actors doing so.

The Alberta Human Rights, Citizenship, and Multiculturalism Act can sometimes protect you from a private actor suppressing your freedom of expression. In general, though, that law only applies if a private actor is treating two people differently. So as long as the condo board is consistent in forbidding political signs by all residents in the condo, then you definitely have no case under this Act.

Checking the condo bylaws to confirm that you can't put up political signs is your best bet. Alternately, I suppose you could find a new place to live, but that would require more commitment to the cause that I think most people have.

Catrin said...

That's too bad.

Instead of illegal, it's just morally wrong of them to do so.

But think about it...can they restrict what you do inside your apartment? Doesn't the inside of your window pane belong to you? I thought there was some ruling somewhere about someone being naked in front of their window, and how that didn't constitute indecent exposure.

Mustafa, are you then saying that I could contractually forego any charter right in a private space?

Mustafa Hirji said...

I don't know if you can forego a Charter right in a private space (I suspect not, but I don't know Canadian constitutional law well enough to be sure). But your Charter rights only protect you from government action; not action by private parties. So a right to free expression within an apartment may be a Charter right if the government owns the property (and even then, I think the government might be considered to have the full range of freedoms of a private landowner in that case).

As for whether the inside of an apartment belongs to you, if you're renting property it does not. The owner thus would retain the right to make rules over you. If you bought the unit in an apartment, then you'd have a case that you own it, but there might be complications since the building would still be owned by someone else and they might still be able to set some rules.

- Mustafa Hirji

Heather said...

I still don't have a copy of the bylaws!
I called, but the condo owner (I rent) has to request a copy, in writing.
Then you have to pick them up and they charge you $26 for a copy.

They wanted to know why I wanted the copy. They asked me, they asked my landlady the condo owner.
Apparenlty just asking for the bylaws makes me the bad guy.

Makes me suspicious, why are they such nazi's? What is wrong with these people? I bet the bylaws will tell me.

Mustafa Hirji said...

They're probably just paranoid, Heather.

No one every asks to see bylaws. So when someone does, they assume you want it so you can sue them or something. That's all. I don't think they're trying to be difficult.

BTW, that $26 charge sounds odd. I'd have assumed they could charge the cost of producing them, but $26 seems way too much.