Citizen Journalist Sues City of Pickering, Mayor, Council Members & Police Board Over Council Meeting Ban
(PICKERING, ON) A controversial trespass notice issued during a public City of Pickering council meeting has now escalated into a major constitutional lawsuit seeking $500,000 in damages and a court ruling that parts of the City’s procedure by-law are unconstitutional.
Citizen journalist Edward Jamnisek has filed a Statement of Claim in Ontario Superior Court against the City of Pickering, Mayor Kevin Ashe, several members of council, the Durham Regional Police Services Board, Durham police officer David Conforti, and an unidentified “John Doe” officer.
According to the claim, Jamnisek attended a public council meeting on December 16, 2024 to quietly observe and record proceedings involving an ongoing political controversy inside Pickering council chambers. The lawsuit alleges he was removed from the meeting less than two minutes after recording began, then issued a six-month verbal trespass notice barring him from City Hall and future council meetings.
The lawsuit claims no council resolution was ever passed authorizing the trespass order, despite police allegedly enforcing it on behalf of city officials.
At the center of the case is Pickering’s amended procedure by-law, which allegedly prohibits members of the public from recording council meetings unless permission is granted by a two-thirds vote of council members present.
Jamnisek argues the by-law violates Charter protections for freedom of expression and freedom of the press, and further alleges the city lacked lawful authority to issue a sweeping six-month exclusion from a public building and democratic forum.
The Statement of Claim seeks several declarations from the Court, including:
- That portions of Pickering’s by-laws are unconstitutional and invalid;
- That Jamnisek’s Charter rights were violated;
- That the trespass notice was unlawful and void; and
- $500,000 in punitive, aggravated, and exemplary damages.
The lawsuit also places renewed attention on growing tensions between municipalities and independent journalists recording public meetings. Critics argue elected officials increasingly use procedure by-laws, security policies, and trespass powers to restrict scrutiny and public participation.
None of the allegations contained in the Statement of Claim have been tested or proven in court.
The case is expected to draw attention from free speech advocates, municipal law observers, independent media organizations, and citizen journalists across Ontario, as courts may now be asked to determine whether municipalities can legally prohibit the public from recording open council meetings and remove attendees who refuse to stop.