Can a city councillor block a citizen on Twitter? Vancouver's Integrity Commissioner weighs in

A smartphone display shows the Twitter logo in Berlin, Germany on Feb. 2, 2013. (AP / Soeren Stache)

Vancouver's Integrity Commissioner has responded to a complaint from a citizen about being blocked by a city councillor on Twitter.

A bulletin posted on the commissioner's website last week explains that the councillor, who is not named, blocked the person before the municipal election but that the block has continued.

"The citizen relied on a decision from the United States Court of Appeals for the Second Circuit which ruled that former President Donald Trump was not allowed to block citizens on Twitter," a summary of the complaint reads.

The commissioner noted that a decision from the U.S. does not set a precedent in Canada. However, the complaint also alleged the Twitter block was a violation of the Charter of Rights and Freedoms because it was a government action that limited the citizen's right to expression.

The decision noted that, in this regard, a Canadian precedent does exist, citing a decision from the City of Peterborough that found elected officials' Twitter accounts are personal.

“Actions of a government official are subject to the Charter only when the official acts on behalf of the government, and not in a personal capacity," the commissioner's decision says.

Next, the bulletin addresses whether the blocking was a violation of city council's code of conduct. Blocking the citizen before holding elected office, the commissioner said, was clearly not a breach of this policy because the person was not bound by it until becoming a councillor.

The code of conduct does say that elected officials must "conduct their duties in an open and transparent manner," the decision notes. However, the commissioner found that blocking someone on Twitter is ultimately allowed.

"The councillor conducts his official duties in city council meetings, which are open and transparent. The citizen can also contact the councillor via traditional means of communication with elected officials (including by email and mail)," the commissioner wrote.