RIGHT TO QUIET SOCIETY
for Soundscape Awareness and Protection

The Society's Annual General Meeting is scheduled to be held at 7:30 p.m. on October 16, 2003, at SPEC, 2150 Maple Street, Vancouver, B.C. (Two blocks west of Burrard St., between 5th and Ave., immediately north of the train tracks).

Our guest will be Dan Weary, PhD, professor at UBC,s Faculty of Agricultural Sciences. Prof. Weary, who did his PhD in zoology, studies the sounds that animals make, their meaning and implications. He will speak on the topic of animal vocalisation, animal communication and its importance to animal welfare where animals are kept in noisy conditions like those on modern commercial farms.

 Please join us on October 16 - everyone is welcome!

In our Spring 2003 newsletter we wrote about a North Shore News article on a court decision in a neighbour-to-neighbour noise problem from amplified music. It was reported that a neighbour of a couple rehearsing music complained to West Vancouver authorities soon after they had moved there. Under the Freedom of Information and Protection of Privacy Act we obtained information on that case from the West Vancouver Police and the Permits, Licences and Bylaws Department of the District of West Vancouver, as well as a copy of the judge,s ruling.

The police record states that police attended there12 times between July 20, 2001 and October 1, 2002. Several times they heard no noise upon arrival and advised the homeowner of the by-law or to turn down the music. They heard noise 3 times and each time issued a ticket under section 2 of the West Vancouver Noise By-law 3908. The noisy homeowner challenged the fine in court, arguing that the by-law infringed on her constitutional right to Freedom of Expression.

In a ruling passed on February 27, 2003, Provincial Court Judge J. Gedye agreed and vindicated the noisy homeowner. In her deliberation Judge Gedye wrote that ≥a ticket" had been issued, and referred to sections 3 and 4 of the by-law. Section 2 was never mentioned. By-laws Supervisor Rob Metcalfe said that the municipality will not appeal, but the by-law will be left as it is. An appeal was considered too expensive and not needed. We believe that this case will not set a troubling precedent due to the obvious error by the judge.