Mayoral candidate and urban chicken advocate Paul Hughes has officially made his constitutional challenge to the city's bylaw banning backyard egg-laying hens.
Photograph by: Brett Gundlock/National Post, NP
CALGARY -- Mayoral candidate and urban chicken advocate Paul Hughes has officially made his constitutional challenge to the city's bylaw banning backyard egg-laying hens.
Hughes filed his document, under the Canadian Charter of Rights and Freedoms, following a pre-trial conference at provincial court on Wednesday.
"The city does not have the jurisdiction to regulate activity pertaining to household food security, in this case exemplified by backyard chickens," Hughes wrote as his primary ground for the challenge.
He also says the city and country are bound by the United Nations declaration of human rights/universal declaration of human rights, which addresses an individual's or family's right to food.
Hughes, a Killarney resident who was charged last year under the city's bylaw preventing anyone from having chickens, faces a trial on Dec. 23. But it will basically entail only the contitutional argument, he told court.
"I am 111 per cent guilty of possession of chickens," Hughes told Judge Jim Ogle, in an at-times lighthearted banter.
"I have no intention of calling any witnesses. I may have and exhibit, which is an egg."
"Make sure it's a fresh one," replied Ogle. "I'll see if I can get it through security," Hughes added. "I'll bring a chicken and an egg."
A city council committee voted 5-2 in June against allowing residential chicken coops, with members expressing concerns about everything from chicken-feline conflicts to livestock-borne disease.
Other citizens have complained to council about smell and noise, although hens do not make any noise like roosters and advocates are not asking to be allowed to have roosters.
Hughes, who had six hens until he recently gave two away to friends, said there are some organizations that may request standing to participate in the constitutional challenge at his trial, as the issue has become increasingly important with several British Columbia cities and other provinces now allowing urban chickens.
He said he has had a high level of co-operation with the city to discuss the issue, meeting city lawyer Ola Malik about 10 times so far, as the city has a vested interest in the issue.
"If Mr. Hughes approaches me and has an organization that wants standing, we'll discuss it. But our goal is to get them heard on Dec. 23," said Malik.
Malik agreed the city is interested in hearing what the court has to say and said he will file an agreed statement of facts by Oct. 1. Hughes then has another two weeks to peruse the document and, if necessary, request changes or reject it.
Both lawyers will then filed their written arguments to the as-yet unassigned trial judge for trial.
"Mr. Hughes is prepared to admit the facts and plead guilty to the charge," Malik told the judge. "The only thing at issue is if the bylaw has juridsiction."
Court heard there are a few other cases on hold, waiting until a judge decides on the larger constitutional issue.
"It's not about chickens, but about households and family . . . the right to food and whether the city has the right to tell us what we can and cannot eat," said Hughes, who on principle does not expect he'll hire a lawyer.
"The city may be able to tell us how many chickens we can have, but it shouldn't be whether we can."
The parties will be back in court on Dec. 2 to continue the pre-trial conference and ensure they are ready to go ahead with trial.
dslade@theherald.canwest.com
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