Intellectual Freedom Policy

Policy Purpose

The purpose of this policy is to affirm Hamilton Public Library’s (HPL) commitment to intellectual freedom, ensuring access to diverse ideas, opinions, information, and cultural expressions, as well as promoting the principles outlined in the Constitution Act, 1982, Part 1, Canadian Charter of Rights and Freedoms, Section 2b. HPL has a core responsibility to support, defend, and promote the universal principles of intellectual freedom and privacy. Only the Courts may abridge free expression rights in Canada.

As a gathering place for ideas, HPL has an important role in protecting access to content through its collections, programs, events, classes, exhibits, displays, use of space, and services. The intent is to represent a wide range of topics, beliefs and opinions that reflect the varied interests of the communities we serve. HPL recognizes its role as a key institution for providing access to expressive content and promoting literacy, lifelong learning, social engagement, and cultural enrichment.

HPL recognizes that not all content offered will align with everyone’s values and opinions. We have processes in place to encourage open conversations with our Members when one encounters an item, program, or service that concerns them. People have the right to reject, for themselves, the items, programs or services of which they do not approve, but they do not have the right to restrict the freedom of access for others. The presence of an item, program or service does not indicate an endorsement of its contents by the Hamilton Public Library, but rather is an affirmation of the principle of intellectual freedom.

Statements on Intellectual Freedom

The Hamilton Public Library Board endorses the:

Statement on Intellectual Freedom and Libraries as set out by the Canadian Federation of Library Associations (CFLA), and Ontario Library Association (OLA) Statement on Intellectual Freedom and the Intellectual Rights of the Individual.

Definitions

Parent: The person or persons who have lawful custody of the child.

Guardian: A person who has lawful custody of a child, other than the parent of the child.

Caregiver: Anyone providing care to a child outside of the home.

Responsible Party: Refers to the parent or legal guardian required for library cards for youth from birth to 15 years old. Information about a child’s library account should only be disclosed to the Responsible Party(s) listed on the account. Staff should always verify the responsible person prior to sharing information about a child.

Child, Children and Youth: Terms used for library users up to the age of seventeen (17).

Hamilton Resident: Individual who lives, work, attends school or owns property in Hamilton, or has a Six Nations address in Ontario, and has appropriate identification. For full details refer to the Borrowing Policy.

Key Points Summary

HPL’s Intellectual Freedom Policy outlines the key objectives of the Library’s role in upholding the principles of intellectual freedom in the services, programs, and resources it provides.

HPL has a reconsideration process in place to address, investigate, and follow-up on intellectual freedom challenges.

HPL complies with any law enacted at the federal, provincial or municipal levels, and therefore will not deliver resources, programs, or services that are unlawful, and/or have been banned by the Courts.

This Policy supersedes the Intellectual Freedom Policy Statement.

Policy Details

Access to Information, Knowledge and Expression

HPL is dedicated to providing open access to information and fostering an environment that encourages exploration of diverse perspectives. HPL protects and facilitates access to constitutionally protected expressions, including those considered unconventional, unpopular, or unacceptable.

Library resources, services, and programs are curated to reflect a wide range of ideas and viewpoints. HPL ensures access to the full range of knowledge, imagination, ideas, and opinion, allowing individuals to express their thoughts publicly.

HPL provides access to public spaces, resources, and services without discrimination, ensuring safe and welcoming conditions for individuals and groups.

Physical access to items, displays or technology will not be restricted except for the express purpose of protecting an item from damage or theft. Examples include:

Access to collections housed in HPL’s Local History and Archives (LHA) and the Makerspace is limited to members 14 years of age and older. Users under 14 must be accompanied by a parent or guardian.

In keeping with the Library’s The Rights of Youth in the Public Library Policy, there is no restriction on the material that may be borrowed by children. Parents and/or those responsible for the child are responsible for the selection, usage and safe return of materials borrowed by their children.

Library Service, Collections and Resources

HPL has a responsibility to maintain the right of intellectual freedom and expression by implementing it consistently in the selection of books, films, periodicals, recordings, archival materials and other materials, including the provision of access to e-resources and access to the internet.

Materials are not excluded from library collections based on:

Race, religion, nationality or political views of an author.
Frankness or coarseness of language.
Controversial content.
Endorsement or disapproval of an individual or group.
Language in which the work is written or spoken.

HPL complies with any law enacted at the federal, provincial, or municipal levels, and therefore does not collect or maintain items which have been judged obscene or pornographic or have been banned by the Courts. Relevant sections of the Criminal Code of Canada are sedition, hate propaganda, and obscenity. 

The presence of an item in any collection does not indicate an endorsement of its contents by HPL, but rather is an affirmation of the principles of intellectual freedom as embodied in the Canadian Federation of Library Associations’ Position Statement on Intellectual Freedom and Libraries. 

Library Programming, Events, Exhibits and Space Bookings

HPL has a responsibility to maintain the right of intellectual freedom and expression by implementing it consistently when developing and hosting programs, events, and exhibits within library spaces including rented public space by individuals and community organizations.

Speakers, performers and Library partners will be selected based on the merit of their ideas, expertise, or contributions to cultural enrichment, in accordance with HPL’s Working with Us Policy.

HPL creates welcoming community spaces where Members are free from discrimination and may engage in peaceful assembly. The Library may cancel or deny permits to individuals or organizations when speech or displays are used in a way that is unlawful or in contradiction to HPL’s Member and Service Commitment Policy. To ensure the health and safety of users and equipment, age restrictions are put in place for specific services and noted in separate guidelines (e.g., Makerspace).

Internet Access

HPL provides open, secure, and equitable access to technology resources to promote digital literacy and provide equitable, open access to information and online resources to everyone. Wireless access is available to the public to access Library resources and the Internet using their personal devices. 

The Internet is an unregulated resource that contains material which may be illegal, offensive, or controversial. HPL uses software tools to reduce the risk that the public may encounter malicious or illegal material. As per the Library’s Access and Security Control Policy, the Library works to balance open access with security by ensuring access controls are not overly restrictive. However, the Library cannot guarantee that these tools are always effective in blocking malicious activity or that legitimate content may not be unintentionally restricted. The Library assumes no responsibility for any material accessed on the Internet.

Role of Parents, Guardians and Caregivers for Children

Parents, guardians and caregivers are responsible for guiding their children’s access to Library materials, programs, and exhibits in accordance with their family’s values. They are encouraged to discuss with their children what is appropriate for them to read, listen to, view, and in which activities to participate. Responsible parties are expected to supervise their children’s borrowing decisions and Library use. We encourage healthy dialogue and will ensure that HPL carries and delivers a range of content and programs to help parents, guardians, and caregivers explore difficult or sensitive topics with children. No materials are excluded from HPL's collection because they may come into possession by a child.

Parents, guardians, and caregivers are responsible for the child(ren) in their care and their use of digital devices and services, including the use of the Makerspace equipment, studios, the Internet, and wireless access through personal devices. Parents, guardians, and caregivers are responsible for managing the child’s access privileges to materials or online content and for any damage or loss that may result from the child’s use of technology resources. 

Reconsideration Process

HPL recognizes the right of individuals to express opposition to an author, presenter, performer, or creator’s’ ideas or to their creative expression in items selected and programs delivered by the Library. While individuals have the right to reject for themselves items or programs of which they do not approve, they do not have the right to restrict the freedom of others. HPL is a resource where many points of view and modes of expression can be examined without hindrance. No ideas or opinions have universal acceptance and the use of language and visual depiction, either descriptive or expressive, can itself stimulate controversy.

If an individual feels that an item, program, or exhibit falls outside the criteria outlined in this policy, they can share their concerns with a Library Staff member. If they are unsatisfied with the response and are a resident of Hamilton they are invited to complete a Resident Request for Reconsideration Form.

Approval History

June 2024