Alberta’s access restrictions threaten privacy and democratic role of libraries, critics say


Critics of Alberta’s proposed rule changes to public libraries say the true danger lies in giving the province power to dictate access and potentially snoop on which books people are checking out.

James Turk, director of the Centre for Free Expression at Toronto Metropolitan University, says the government’s stated reason for the bill — to keep kids from accessing graphic sexual material — is a red herring.

“Nobody’s advocating that children should have access to inappropriate materials, least of all libraries,” Turk said in an interview.

“This is a non-existent problem that the province is using as a ploy to bring radical overreach in terms of controlling libraries.”

‘Appropriate safeguards’

Municipal Affairs Minister Dan Williams proposed the legislation last week. He promises to ensure children ages 15 and under won’t be able to access visual depictions of sex.

Regulations expected later this spring could include having such material controlled by library staff or put in separate areas.

“We will require that they are put behind a counter in a place that children cannot find them while wandering these libraries,” Williams said after tabling the bill, holding up copies of graphic sex images to prove his point.

“When a family walks into a public library, they should feel confident that appropriate safeguards are in place.”

Appointed inspectors, orders

Turk, however, said the bill doesn’t specify anything about explicit material — sexual or otherwise — and gives the municipal affairs minister authority to restrict any topic or subject.

The wording of the bill proposes giving an inspector appointed by the ministry the broad power to look at “any matter relating to the management, administration or operation of a public library” and to access records they deem relevant.

The minister would then have the authority to make any order he “considers appropriate.”

Turk calls that an unprecedented intrusion into libraries, which are supposed to be governed by local boards to serve diverse communities.

“That’s a real concern in a democratic society,” he said.

The Coalition of Alberta Public Libraries says the changes would affect 324 public points across the province serving 99 per cent of Albertans.

Speaking on behalf of the organization, Pilar Martinez, CEO of the Edmonton Public Library, and Ron Sheppard, director of the Parkland Regional Library system, questioned what would happen when authorities are ordered to check out what someone is checking out.

Edmonton libraries have self-checkout stations, which many patrons prefer because they’d rather keep their borrowing habits private, Martinez said.

In small rural libraries and even in the province’s capital, Martinez said branches don’t have space behind counters to squirrel away restricted material the way Williams envisions.

The books displayed by Williams are already catalogued and held in the adult section, she said.

WATCH | Why the Alberta government is telling libraries to put some books out of sight:

Why the Alberta government is telling libraries to put some books out of sight

Alberta’s municipal affairs minister says new rules will require public libraries to move any material with graphic sexual content so it can’t be accessed by children or young teens.

Turk questioned whether it would even be legal, under privacy law, for the ministry to demand a patron’s borrowing records.

And then there’s the internet.

Public libraries subscribe to third-party digital platforms that provide access to users e-books, audiobooks, movies and music.

The coalition said it’s not yet clear how those digital platforms would be handled under the changes. It’s also not clear what internet restrictions might be put in place for those who sit down and log onto a public computer.

Jack Alarie, Williams’ press secretary, said in a statement the government has no interest in inspecting the private borrowing records of Albertans.

“The minister has been clear and consistent on the intent of this legislation. Those suggesting otherwise are choosing to misrepresent his remarks rather than engage with them in good faith,” he said.

Earlier this week, Alarie said in a statement that the government remains committed to working with libraries on developing the regulations.

“However, it remains the policy of the government of Alberta that children under the age of 16 should not be able to stumble upon explicit, graphic sexual and pornographic content in any public library.”

LISTEN | What Alberta municipalities think of new library rules:

Radio Active8:13Alberta wants new rules for over public libraries

The Alberta government introduced a new bill Friday that could mean sweeping changes for public libraries, local governance and transparency. Dylan Bressey is the president of Alberta Municipalities.

Opposition NDP Leader Naheed Nenshi was blunt when assessing the bill last week.

“This is fascist behaviour,” he said.

Martinez and Sheppard say they want the UCP government to pause the changes, so people who run libraries can help it address serious concerns ranging from practicalities — like finding space for restricted materials and age-verification training for staff — to broader privacy issues.

There’s also an awkward factor of having someone who may want the materials having to walk up to a counter to ask.

WATCH | Libraries push back against new access restrictions:

Alberta libraries raise concerns over ‘censorship’ in proposed new bill

The Coalition of Alberta Public Libraries is pushing back on Bill 28, saying there are serious concerns over privacy, local control and the future of library services.

No extra funding has been offered by the province to deal with the operational requirements of the proposed rules, said the coalition.

Martinez and Sheppard said they wonder whether the bill opens the door for other topics or other belief systems to be censored.

“Today it’s sexually graphic images. What could it be tomorrow?” asked Martinez. “There is quite the range of topics that people find offensive.”

It’s a slippery slope, said Martinez, because books and material that may offend folks on one side of the political spectrum remain available on the shelves.

Sheppard pointed to a few titles in circulation, including one which purports to debunk reports of unmarked graves and missing children at residential schools, and another that claims to help readers “inoculate” their children against the “trans craze.”

“What about people who feel that some of these materials are offensive? Do we have to put them behind a different set of curtains?” asked Sheppard.

The library leaders said the bottom line is about who decides what goes in public libraries.

Libraries — from their collections to their programming — are governed by local boards specifically to keep politics and politicians at arm’s length, said Sheppard.

“With this legislation, the minister would have more authority over a public library service point than the municipality that actually appoints the board and funds the board.”



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