The Association of Reformed Political Action Canada is asking a London, Ontario court to strike down a bylaw banning images of unborn babies being openly delivered to homes.
LONDON, Ontario (LifeSiteNews) – A Canadian Christian-based political action group began legal action against the City of London, Ontario, to challenge the “constitutionality and legality” of its 2022 bylaw that bans all images of unborn babies from being openly delivered to private homes.
In a press release sent to LifeSiteNews, the Association of Reformed Political Action Canada (ARPA) blasted London’s “By-law to regulate the Delivery of Graphic Images in the City of London.”
The group is asking the Divisional Court in London to “strike down the bylaw as unconstitutional, as a violation of the Charter rights to freedom of conscience and religion and freedom of expression, and as outside of the authority of a municipal government.”
According to ARPA, the city defines a “graphic image” only as an image of a fetus.
“This encompasses any image of a fetus, which would include, for example, an ultrasound photo of a healthy baby in the womb. The bylaw does not apply to any other kind of images, graphic or otherwise,” ARPA noted.
The London bylaw became law in May 2022 and was a first in Canada. According to ARPA, it bans delivering a flyer with “any image of a fetus to a private residence unless the flyer is placed in a sealed envelope with the warning that it ‘contains a Graphic Image that may be offensive or disturbing to some people.’”
The bylaw was brought forth after the pro-abortion group Pro-Choice London petitioned the city to enact the law.
John Sikkema, legal counsel for ARPA, said the bylaw “requires ARPA and its volunteers to mislead people about our message.”
According to Anna Nienhuis of ARPA, the bylaw “threatens ARPA and its volunteers with significant financial penalties simply for sharing the pro-life message with an ultrasound photo.”
“ARPA Canada is a Christian, pro-life organization that uses ultrasound photos of pre-born children in its campaign materials when advocating for modest pro-life laws that most Canadians would support, such as restrictions on sex-selective abortion,” Nienhuis said.
Photos of preborn babies 'not offensive or disturbing,' says group
Nienhuis, who has five children, noted that ultrasound photos are a “beautiful view of life in the womb, something I've hung on my fridge and shared with friends and family.”
“They are not offensive or disturbing -- labelling them as graphic images is misleading and inappropriate,” she added.
ARPA, in its Divisional Court application, is arguing that “such compelled expression is a well-recognized violation of the Charter right to freedom of expression.”
“They also argue that a municipality does not have the constitutional authority to regulate the distribution of literature based on the City’s judgment of what specific content, point of view, or subject matter is objectionable or offensive,” Sikkema pointed out.
ARPA is contending that London’s bylaw’s “purpose” is to “suppress pro-life content”
“Last year, ARPA challenged the City of St. Catharines’ bylaw that was modelled after and nearly identical to the City of London’s bylaw. In response, St. Catharines repealed its bylaw in August 2024, rather than attempting to defend it in court.”
In 2024, London City Council ditched plans to expand its bylaw to restrict the display of certain images, including those of abortion victims, in public spaces.
Canada has “bubble zone” laws in multiple provinces that prohibit pro-life activism within 50 meters of abortion clinics. In Ontario, the distance can be increased to 150 meters upon request.
Other provinces, such as Alberta and Manitoba, have passed “bubble zone” bylaws as well.
Similar to London's bylaw, a Calgary bylaw states that flyers with graphic images of aborted babies, or “fetuses,” as it says, “must be concealed in an opaque envelope, with a graphic content warning, and include the name and address of the sender, when delivered to homes.”
LifeSiteNews recently reported how Campaign Life Coalition (CLC) director of communications Pete Baklinski warned that Canada could soon become one “giant bubble zone” after Toronto passed a new bylaw restricting protests near churches, other places of worship, and around schools and day cares.
