Danielle McDonald, CEO
and Alexandra Yarrow, Program Manager, Board and Strategic Services provided
a presentation about intellectual freedom at OPL (held on file with the Chief
Executive Officer).
Ms. McDonald indicated that OPL defines intellectual freedom as "the
free and open exchange of lawful information and ideas in a democratic
society, respecting individual rights to privacy and choice", and
highlighted how the value of intellectual freedom is central to public
libraries. The report and recommendations before the Board this evening were
shaped by a comprehensive review of OPL’s documents related to intellectual
freedom, by both a third-party legal firm as well as peers. Ms. McDonald
underlined that OPL is strengthening its commitment to intellectual freedom
in three key ways:
1. Responsibility: The
revised Statement addresses legal and peer advice received by OPL, and
reduces risks to the organization;
2. Equity: The Statement
upholds OPL’s commitment to open access to information, removing a barrier to
internet access by removing content filtering; and
3. Transparency: The
Statement will outline a new Appeals process for customers seeking a second
review of the Library’s decision regarding an IF challenge. As part of the
implementation process if the Statement is approved, staff welcome public
feedback regarding the implications of the Statement on Library operations.
Lastly, staff will report annually to the Board in a public forum regarding
decisions made related to challenges.
Ms. McDonald noted that a
representative from Emond Harnden LLP was in attendance, and should specific
legal questions arise during the meeting, the Board could move in camera to
discuss items of solicitor-client privilege. She thanked Ms. Yarrow for her
tireless work and provided a high-level summary of the recommendations. Ms.
Yarrow provided additional details about OPL’s renewed commitment to
intellectual freedom as outlined in the report, as follows:
·
The
context (Legislative, governance, risks to the organization);
·
Project
approach (Phase 1: Research, Phase 2: Governance Model Review, and Phase 3:
Implementation);
·
Five
key findings from the reviews:
1.
Remove
remaining restrictions to intellectual freedom (including discontinuing
filters for legal content on computers);
2.
Improve
transparency;
3.
Improve
training and support;
4.
Provide
clear and complete documentation; and,
5.
Align
with legislation.
·
Key
changes to the Board’s Intellectual Freedom Position Statement, include
adding four new sections:
1.
Responsibilities
statement
2.
Guiding
Principles
§
OPL
is committed to upholding the core tenet of intellectual freedom
§
OPL
supports unrestricted access to, and lawful use of, the internet
§
OPL welcomes
open discussions about intellectual freedom, including challenges to the
Library’s decisions
3.
Challenges;
and,
4.
Applicability;
·
A
broad outline of the implementation process, including revising
administrative documents, developing a staff and trustee training plan, and continuing
to foster intellectual freedom; and,
·
Information
regarding staff’s commitment to report back to the Board: providing status updates
during the implementation process, and a close-out report in Q3 2023.
Written correspondence
was submitted to the Board prior to the start of the meeting, from the
following, as noted:
·
Letter
from James L. Turk, Director, Centre for Free Expression (dated June 14,
2022)
Chair Luloff thanked the
CEO, Ms. Yarrow, the Intellectual Freedom Ad hoc Committee, and all trustees
for their engagement on this file. He also thanked the peer reviewers, Emond
Harnden, and other legal advisors.
Trustee Slack thanked
staff for taking the time to brief trustees individually.
Trustee King commended
staff for the tremendous amount of work undertaken as well as for arranging
briefings on the topic for trustees. He emphasized the Library’s commitment
to ensuring residents have open and unrestricted access to information
without fear of censorship or discrimination. Trustee King asked staff to
provide additional details regarding the scale of work undertaken in revising
all relevant documents to align with the reviews. Ms. McDonald provided an
example related to the Meeting Rooms Policy, regarding the importance of integrating
a proper triage process for reviewing applications for a room rental,
including asking for all relevant information from an individual or group
making the request. Ms. Yarrow provided an example related to the Public
Network Access Policy, sharing that staff undertook a review of the practices
at other Canadian libraries with respect to filtering, the use of privacy
screens, and staff training or customer education programs about internet
use, in order to inform the staff
recommendations. This review found that very few other libraries filter legal
content, and few provide formalized training for staff related to
conversations around internet use. She highlighted how OPL partners with
Media Smarts for information literacy programming and noted that OPL hopes to
expand on this partnership in the coming years. Ms. Yarrow remarked that
Catherine Seaman, Division Manager, Customer Experience and her team have
been doing great work in that area.
Trustee King was
appreciative of this benchmarking work. He noted that it is important for OPL
to adhere to its legal responsibilities and said that he is glad that staff
sought legal advice on this matter. He was pleased that OPL is aligning with
the Canadian Federation of Library Associations statement as well as other
industry best practices. He noted that public libraries have a core
responsibility to safeguard and facilitate access to constitutionally
protected expressions, ideas, and opinions, including those which some
individuals and groups consider unconventional, unpopular, or unacceptable.
He stated that providing access to good information ensures that we are able
to deal with disinformation and misinformation, and this is one of the
hallmarks of a democracy. He mentioned that libraries are facing challenges
to intellectual freedom but noted that healthy democracies ensure that we are
able to also have healthy discussions when these challenges arise. He thanked
staff for the in-depth report.
Trustee Brockington
stated that updating OPL’s position on intellectual freedom is one of the
most important reviews undertaken by trustees during this term of the Board.
He went on to share that intellectual freedom is the bedrock of public
libraries: libraries must be accessible to all and must offer a wide selection
of resources so that people will have the opportunity to learn multiple
points of view and to allow for a discussion to occur. Trustee Brockington
also mentioned that when he recently attended the Public Library
Association’s annual conference, he attended a session about the role of
public libraries. He went on to share that everyone has the right to come
into libraries and have access to information; it is not the role of trustees
or employees to dictate what is the “right” or “wrong” information. The library’s
role is to provide access and allow people to absorb that information and
make their own conclusions. He thanked everyone who contributed to the report
and all the work over the years to get to this point. He underlined that he
was very supportive of the recommendations before the Board.
Trustee Kitts commented
that while she only recently joined the Board (and the Intellectual Freedom
Ad hoc Committee), she was pleased to dive right into this topic. She echoed
her colleagues’ comments and thanked staff for their very thorough work. She
mentioned that since the modifications to filtering practices will be a
change for our customers, the change may pose some new challenges for library
staff as a consequence. She asked whether there is a channel for employees to
obtain support, and to share their feedback as these changes get rolled out
in branches. Ms. Yarrow said staff held a preliminary meeting with the
leadership team prior to the Board meeting, to provide some sense of the
information that would be presented in the Board report, and to solicit some
of their early feedback regarding how they would like to see these changes
implemented. This feedback will help guide the tools provided to staff,
including: formal training (coming later), staff blog posts, coaching,
one-on-one conversations, and more. These tools will ensure that front-line
employees are comfortable having conversations with customers about the
changes that are coming to internet access. Ms. Yarrow also noted that the
changes to filtering will be primarily on computers in children’s areas and
workstations that are in high traffic areas in some branches, which together
make up less than 10% of the total number of computers in branches. Staff
already have conversations with customers viewing content on computers in
adult areas that may not be appropriate for a public setting, and there are
tips and tricks available for staff to build on. There may be slight
differences in conversations they will have in the future, with parents and
caregivers, and staff will be working to support those conversations with a
number of different tools.
Trustee Kitts asked how
much faster the internet browsing experience will be by removing the filter
for legal content. Anna Basile, Division Manager, Corporate Services asked
Chris Simmons, Manager, Technology Services to quantify the answer if
possible. Mr. Simmons said that eliminating the filter for legal content will
save a couple of hundred milliseconds on every page load, a slight difference
that will add up over time. Trustee Kitts noted that is an important point
that impacts the library’s service delivery.
Trustee Begg voiced his
full support for the report as a member of the Intellectual Freedom Ad hoc
Committee. He thanked the CEO, Ms. Yarrow, other staff involved, and those
who assisted in getting the Board to this point. He said that he was very
impressed by the work, and happy with the report before the Board today.
Vice-Chair Fisher thanked
all those who contributed to the in-depth review of this topic. She
specifically thanked the trustees who were part of the Ad hoc Committee and
voiced her support for the recommendations. She said two of the important
additions to OPL’s processes were the review of best practices and the
addition of the appeals process, which provides greater transparency. Ms.
Yarrow commented that not every library they reviewed for best practices had
an appeal process for challenges. She provided further detail regarding the
appeals process using the example of a book in the collection, indicating
that a customer would have to bring forward new pertinent information (for
example, a legal ruling about a book’s content containing hate speech,
plagiarism, defamation) to appeal a decision. A book might also be
reconsidered if the publisher retracted the book, or a book is found to
consist of false information.
Chair Luloff said that he
is passionate about intellectual freedom, which underpins the beautiful
society that we live in - as difficult as it sometimes is. He echoed Trustee Brockington’s
words, noting that intellectual freedom is the most important policy that
this Board has updated during their term. He remarked that we live in very
difficult times, where misinformation and controversy are prevalent, and said
that reading is intellectual armor and opens our minds to new ideas. Chair
Luloff said he embarked on a journey at the beginning of the pandemic to read
books that had been banned or had been deemed controversial, to get a sense
of the historical context for the report presented today. He highlighted the
importance of developing his own opinions about what these authors had to
say. He also commented that this Board has tackled numerous governance issues
and thanked the CEO for her guidance and hard work in this area. The Chair
stated that she is leaving this institution stronger and better than she
found it. He extended his heartfelt thanks to the CEO and the Board for their
bravery in tackling something that can be controversial but is fundamental to
the proper functioning of society. He ended by urging everyone to “read more
and hate less.”
There being no further
questions, the report was RECEIVED and CARRIED as presented.
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