Evergreen fundamentally believes that public spaces play an important role in building capacity within community to share differing perspectives, in a way that is productive and respectful. While great public spaces strive for belonging, inclusion, and feelings of safety to the greatest extent possible, this doesn’t mean uniformity of opinion or a complete absence of conflict or opposing views. Evergreen believes in the right to free expression, and further, that free expression within public spaces contributes to the richness and vitality of those spaces and our cities.
What is an “Expressive Activity”?
For purposes of these Guidelines, Evergreen considers “expressive activities” within the context of s. 2(b) of the Charter of Rights and Freedoms. Expression under the Charter extends well beyond just “speech” in the traditional sense of oral or written words. The use of megaphones, banners, flags, and erecting structures, among other forms, generally fall within the scope of freedom of expression. Given this broad definition, most activities generally considered forms of demonstration, protest, or action in favour of/opposed to a cause, are considered a form of expression.
Permitting
Evergreen does not issue permits for any form of expressive activity.
Restrictions on Expressive Activity
General Restrictions
Evergreen seeks to place restrictions on expressive activity only to the extent necessary to ensure the safety of staff and visitors, preventing unlawful activity, or ensuring that the site (including specific areas on site), can be used for their intended purposes. Evergreen may seek to restrict expressive activity in the following circumstances:
- Where activities take place in areas of the site that are not generally accessible or open to the public.
- Where activities take place in areas where Evergreen sanctioned programming or events are taking place and where the activities could interfere with the intended or Evergreen sanctioned use of the space.
- Where the activities cause a risk to safety. This includes blocking access to exits or safety features such as first aid kits, fire extinguishers, or other safety features as determined at the discretion of the organization and staff.
- Where the activities prevent the free flow of movement on site, including preventing the public from accessing certain areas.
- Where the activities involve the dissemination of material that is obscene, graphic, threatening, or contains hateful or offensive language, particularly in circumstances and locations where young children are likely to be present.
- Where the activity involves affixing materials with cause-related messaging or visuals to Evergreen structures or property, unless expressly authorized by Evergreen.
A Special Note on Flags
Unlike some public spaces, City Hall being an example, Evergreen Brick Works does not have a courtesy flagpole that can be used to commemorate special dates or cultural events. As a heritage property that is historically and architecturally significant, Evergreen does not permit flags to be affixed to Evergreen property or structures, except in exceptional circumstances. Examples of exceptional circumstances that might give rise to this permission are protocols for visiting dignitaries, or Indigenous ceremony or recognition.
Such permission must be expressly provided by Evergreen in advance, and at no time will Evergreen allow a flag to be affixed to its property that is deemed to be in inappropriate, offensive in nature or supporting of discrimination, prejudice, political or religious movements, or commercial entities.
Flags displayed by others, but not affixed to Evergreen property or structures, are generally permissible as an expressive activity so long as the display of such flag is not in conflict with the general restrictions noted above.
A Special Note on Commercial Activities
Commercial activity, for example the advertisement of services, the distribution of promotional products, or the attempted sale of goods, is not considered to be expressive activity. Evergreen works with a community of partners and vendors who make financial and other contributions to our operations in exchange for the opportunity to promote or sell their products or services. To ensure fairness to these partners and vendors, Evergreen prohibits non-sanctioned commercial activities at Evergreen Brick Works.
Violence or Threats of Violence
Violence or the threat of violence is not free expression or an appropriate form of public dialogue, and such actions are not tolerated at Evergreen Brick Works. It is at Evergreen staff’s discretion to identify an action as a threat of violence, which could include, but is not limited to, brandishing a weapon, verbally threatening violence, or behaving in a manner that would reasonably be determined to be threatening. Violence, as contemplated here, is more than just conduct that makes others feel uncomfortable or uneasy.
Enforcement
In circumstances where protests or demonstrations conflict with the General Restrictions outlined above, Evergreen staff will ask organizers or others engaged in the expressive activities to adjust their behaviour or change their location.
In some circumstances individuals may need to be asked to cease their activity or leave the site altogether, however those requests will be made as a last resort when a compromise option can’t be agreed upon.
The City of Toronto is responsible for public uses in the broader Don Valley Parklands including the Weston Family Quarry Garden and the ravine trails that lead to the Evergreen Brick Works site. Evergreen staff are not responsible for responding to demonstrations or protests that take place on City of Toronto property – including the quarry or ravines. Individuals can contact 311 or the non-emergency police at 416-808-2222 if there is an issue that needs to be resolved in respect of that property.
