Author: Councillor Brad Clark

Councillors debate whether new rules restrict free speech

October 24, 2019 By Kevin Werner

Hamilton approves trespassing bylaw targeting hate groups protesting city hall | HamiltonNews.com

Hamilton councillors are hoping a new trespassing bylaw will curtail any potential hate-related confrontations or incidents during protests being held on city property, especially at city hall.

City officials, who pointed out Hamilton did not previously have a trespassing bylaw at its facilities, have been attempting to remove or at least stop hate-related incidents at city hall without impacting peoples’ right to protest, or prompting a Charter of Rights and Freedom lawsuit.

“This is actually not a bad bylaw,” said Stoney Creek Coun. Brad Clark. “It will work.”

The trespassing bylaw works in a similar manner as what is already the policy in place for individuals who are removed from recreation facilities for violent behaviour. The zero tolerance policy, approved in 1998 and revised in 2001 and reviewed in 2005, bans a person for violent conduct, including intimidation, threats, aggressively approaching another person, racial or ethnic slurs, vandalism, attempts to goad or incite violence, or using foul language. The person can appeal the suspension and ask for a private meeting with a senior city official to discuss the ban. The cost of the appeal is $250, which is non-refundable if the suspension is maintained.

Hamilton approves trespassing bylaw targeting hate groups protesting city hall | HamiltonNews.com

The trespassing bylaw, said Clark, is similar in concept to the zero tolerance policy.  A person or group of people that are removed or banned from city hall can request a private meeting with a senior official to remove the suspension. If the ban is upheld, the group or person can appeal the decision to the courts.

“We made it fair, we made it consistent with the other policies of the city,” said Clark. “It doesn’t infringe on anyone’s charter of rights. They have the right to appeal to the courts. It’s really that simple.”

The trespass bylaw, which was requested by the Hamilton Police Service, prohibits conduct such as contravening a law of Canada, province or municipality, damage or vandalism of city premises, or interfering with the operation or use of city premises.

“This helps (police) do their job,” said Clark.

The trespass notice can be provided to the offender either orally or in writing, and will prohibit entry to a city facility for seven days. The city also has the option of banning a person for more than five years.

The trespass bylaw is another initiative council hopes will prevent hate-related incidents on city property. In July, council unanimously approved a motion to install enhanced cameras – at a cost of $100,000 – at city hall to strengthen security within the forecourt area. The cameras will collect data during that could be provided to police for use in court.

Hamilton approves trespassing bylaw targeting hate groups protesting city hall | HamiltonNews.com

The city also will hire a security investigator for a two-year term. In addition, Hamilton has consulted with a landscape architect on how to provide a more secure environment at the city hall forecourt. In the past, the city has installed barriers to separate opposing groups.

City manager Janette Smith said at the time regarding the hate-related policy that “We tried to balance people’s rights to assemble and peacefully protest, but at the same time we have a responsibility to create an inclusive and safe space for everyone in our community.”

The crack down on hate groups that use public spaces has been prompted by a series of incidents involving the Yellow Vest movement, where a group of individuals have been protesting in front of city hall every Saturday for months. They are sometimes met by counter-protesters, some with their faces covered.

Mountain Coun. Terry Whitehead, at the Oct. 23 council meeting, said the imposition of such a ban could still violate the free speech of an individual or group.

“Many times there are different individuals with conflicting views (and) we are basically saying if you misbehave in our opinion, we think you should be banned,” said Whitehead, who was one of two councillors in a 11-2 vote that voted against the bylaw.

“We are messing around with people’s rights. We are messing around with something I fundamentally believe in.”

But Ward 4 Coun. Sam Merulla opposed the measure, arguing the city and council have already spent too much money and time dealing with “six morons” who protest at city hall every Saturday.

“We have manufactured a problem,” he said. “I say we put the brakes on this nonsense and focus in on what we need to do.

“If there was a crime against insulting people, I have a list as long as can be (of people) who should be arrested and in prison.”

For patrons of Valley Park Library, please be advised that we have secured a lease for a storefront at 1050 Paramount Drive which is in close proximity to Valley Park. Library Staff on now in the process of having any necessary leasehold improvements completed and the transferance of materials. We expect the temporary facility to be open.

The renovations to Valley Park Community Centre, Library and Pool are proceeding according to the original timetable. The rumor circulating that the work will not commence to 2021 is just a rumour and has no basis in fact.

The tendering will close later this month with an award in November. The pool has been drained and all ancillary equipment have been removed from the pool, the community centre and has been placed in storage.

Construction fencing, and hoarding is expected to be installed in November.  We will be providing quarterly updates to the public on the renovations throughout the construction period. If in doubt please call my office for updates. 

As promised the area will remain in service as it has a standalone entrance that provide safe patron access.

For patrons of Valley Park Library, please be advised that we have secured a lease for a storefront at 1050 Paramount Drive which is in close proximity to Valley Park. Library Staff on now in the process of having any necessary leasehold improvements completed and the transferance of materials. We expect the temporary facility to be open.

Temporary site expected next month

October 25, 2019 By Kevin Werner

A new temporary location on Paramount Drive for the relocated Valley Park Library is scheduled to open “shortly” to accommodate the renovations that will begin at Valley Park Arena, starting in November.

Shelly McKay, communications manager for the Hamilton Public Library, said the new short-term location for the library will be at 1050 Paramount Dr. The building, located in a plaza near Mistywood Drive, will be undergoing “minor” retrofits for electric, water, HVAC and technological upgrades.

Once the upgrades are made — and library materials and furniture are relocated to the Paramount location — it will open after the Valley Park library is closed, expected to be by mid to late November, she said.

During the transition time when there are no library operations available, a material drop box and library Bookmobile will be offered to the community, she said.

Stoney Creek’s Valley Park recreation centre and library project set to begin | HamiltonNews.com

The $8.1-million renovation project for the Valley Park library is expected to take up to two years to complete. The tender for the project is open until Nov. 12.

Stoney Creek Coun. Brad Clark said the recreation centre’s pool has been drained, and equipment has been removed from the facility. Construction fencing and hoarding should be installed sometime in November.

He said the arena will remain open because it has its own entrance. The pool had to be shut down because it shared an entrance with the library and was too close to the construction and would have violated Ministry of Labour regulations. When the two-year pool closure was announced in July, it prompted an outpouring of complaints from pool users.

Clark said despite “rumours” on social media, the library construction schedule remains on time.

“I will be providing quarterly updates about the renovations to the public and making sure everyone understands where we are,” he said.

Stoney Creek’s Valley Park recreation centre and library project set to begin | HamiltonNews.com

Upgrading the Valley Park library branch will mean expanding the facility’s square footage from the current 3,000 to about 12,000 square feet. The design, by McCallum Sather Architects, includes building an all-glass side that looks out onto Marston Street.

Inside, the plan includes creating a lounge to attract teenagers, a children’s area, collaborative space, a makerspace that has proven popular at the downtown Central Library, multi-purpose rooms that can be used in conjunction with the recreation centre, washrooms and a general collection area.

A glassed-encased courtyard is also proposed to house trees, plants and seating rocks.

The library is providing $965,000 in reserves as part of the project’s funding, with the city contributing about half a million dollars. The Heritage Green Community Trust is contributing $1.25 million for the facility, which will go toward the two multi-purpose rooms of at least 1,500 square feet. Development charges are expected to cover the rest of the cost.

Valley Park Community Centre, which includes recreation and meeting room spaces, was last renovated in 1990. The city says mechanical equipment had reached the end of its service time, requiring an upgrade to the building and interior.

The renovations will include expanded recreation programing space, a new reception desk and common areas, roof replacement, exterior cladding, block repair and parking lot resurfacing.

Opinion Jul 15, 2019 by Andrew Dreschel

Opinion | Andrew Dreschel: Brad Clark shows leadership on hate file https://www.thespec.com/opinion-story/9501057-andrew-dreschel-brad-clark-shows-leadership-on-hate-file

While Mayor Fred Eisenberger has been criticized for lack of leadership during Hamilton’s summer of hate, Coun. Brad Clark’s get-up-and-go has been largely overlooked.

But after the Pride brawl at Gage Park, it was Clark who led the charge on a number of initiatives intended to address snowballing concerns about hate groups.

He pitched asking the courts to consider banning people from the city hall forecourt who’ve been charged or convicted of assault on city property.

He proposed seeking a court injunction against protesters accused of illegally inciting violence and hate on the forecourt.

Opinion | Andrew Dreschel: Brad Clark shows leadership on hate file | TheSpec.com

And it was Clark who, against the city solicitor’s advice, pressed council to discuss legal options in open session rather than behind closed doors.

Whether or not his ideas bear legal fruit remains to be seen. But optics do matter.

The criticisms of Eisenberger are largely unfair. He’s spoken up for and reached out to the LGTBQ+ community before and after the Gage Park clash.

But by grasping the leadership reins at a critical moment, Clark gave council the opportunity to send the message it’s prepared to take a stand and use whatever tools it can against purveyors of hate and violence.

“I just felt, frankly, compelled to do everything we can now to make it clear — almost a line in the sand — that this is what you can get away with and nothing more,” he says.

Clark, 58, firmly believes intolerance and hate speech is on the rise. He’s heard the same from constituents, community groups, and through his work as council’s representative on the city’s committee against racism.

Opinion | Andrew Dreschel: Brad Clark shows leadership on hate file | TheSpec.com

“I’m really afraid that if we don’t stand up and say enough is enough that people are going to get hurt and someone is going to get killed one day.”

But something else may also be informing Clark’s actions. Since his return to council in last year’s election, he’s frequently demonstrated a more statesmanlike approach than he has in the past.

The Stoney Creek (Ward 9) councillor’s political pedigree is well known. A former Conservative MPP and transportation and labour minister, he was first elected to council in 2006 but stepped aside in 2014 to run for mayor, a race he lost to Eisenberger.

During his first two council terms, Clark was generally seen as both an outspoken lone wolf and opportunist. Nobody ever doubted his smarts, hard work, range of knowledge and capacity for critical thinking. But he had a bullish quality and lecturing tendency about him.

This time around, he’s notably more conciliatory and judicious, often acting as an honest broker between the incipient factions that are shaping up among some council veterans and newbies.

Why the change?

“I think I’ve come to the realization that life is short and we really need to work together to get things done.”

“I’m not interested in the tribalisms, the factions. I’m certainly not interested in poor decorum and insults across the table … we really do get more done if we actually listen to each other.”

You have to wonder if his perspective changed when his son Brandon was badly wounded by a shotgun blast in 2015. After undergoing several surgeries, Brandon recovered but was lucky to have escaped paralysis.

“You can’t have an incident like that happen without it impacting your philosophy,” says Clark.

Seeing him in action these days, it’s not surprising some observers wonder if another mayoral run is in the cards. Obviously, it’s absurdly early days yet. Council is still in the first year of a four-year term.

But Eisenberger has already said he doesn’t intend to seek re-election and he’s jokingly noted a lot of councillors are eyeing his chair. Is Clark one of them?

“Been there, done that,” he chuckles, adding, no, he’s not considering running for mayor.

Fair enough. But, again, it’s early days. And once upon a time Clark said he wouldn’t run for council again either.

I am honoured to have been selected by Hamilton Community News Readers as the Diamond Winner, 1st PLACE, in the category of Local Politician. It is a privilige to have this opportunity to serve Ward 9 and Hamilton.

Thank you for your votes of confidence.

Gratefully yours

Brad