Confederate flag in Wheatley, Ont., sparks concern, but officials lack authority to remove it

With a Confederate flag flapping in the wind in the small community of Wheatley, Ont., many who have seen the controversial symbol are wondering what, if anything, can be done to have it removed.

The homeowner, who declined to be interviewed on camera or provide their name, said the Confederate flag has been up for 24 years in their backyard. The family said it's a symbol of rebellion and has a connection to war.

"We're not hateful people," the homeowner said. "It's how you perceive the flag."

Lana Talbot, a member of the Black Council of Windsor-Essex, disagrees with the family's justification to keep it up. She said the symbol is "one of the most deplorable things that a Canadian would like to wave around."

"When I think of that Confederate flag, I believe it's nothing but pure hatred, especially against Black people," said Talbot. "We're in the 21st century and we're still doing hateful things, hurtful things to people that have come here."

Displaying flag is "not illegal': police

The family told CBC News they don't plan to take the flag down, however Talbot wants to see it gone.

But police and the municipality both tell CBC News they have no jurisdiction to remove a Confederate flag from a private property.

Sgt. Lynette Hodder, with the Chatham-Kent Police Service, said if a complaint is received, "we would certainly attend and speak with the homeowner about the flag's impact on our community."

"We would hope they see the reason and remove it. Purchasing, owning or displaying a Confederate Flag or others like it is not illegal, and we have no authority to have them remove the flag."

Chatham-Kent mayor Darrin Canniff said the flag shouldn't be flown in the municipality.

"Ontario municipalities lack jurisdiction to prohibit the display of the Confederate flag. My personal opinion, and I believe I can speak for the majority of Chatham-Kent residents, is that symbols of hate and oppression have no place in our community," Canniff said in an emailed statement.

Last year, the federal NDP tabled bill C-229, which aims to ban hateful symbols, including the Confederate flag. The bill went through first reading in February, but hasn't passed in the House of Commons.

Talbot said she and other advocates support the bill and hope to see the symbol banned.

Confederate flag is 'unacceptable and distasteful'

The Confederate flag was flown during the U.S. Civil War by the secessionist southern states, notoriously by General Robert E. Lee's army that fought to preserve slavery.

But it has also been used by hundreds of extremist groups across the southern United States, including the Ku Klux Klan. And there have been fierce debates in the United States in recent years about flying the Confederate flag, including outside government buildings.

"I think it's a flag that denotes hate," said Peter Ijeh, who's also a member of the Black Council of Windsor-Essex and chairs the city's diversity and the inclusion committee.

Recently, he recalled seeing the flag on someone's car while he was driving in Essex County. Immediately he said he became more cautious and aware of his surroundings.

"It's unacceptable and distasteful to society," said Ijeh.

"For me, it's something that I would like to see not to be around in neighbourhoods, especially because we are such a diverse community," he added.

Jeremy Hatt saw the flag from the nearby Grant Bowman Trail. He said he immediately called local politicians who represent the area, as well as police hoping something could be done to have it removed.

"I feel it shouldn't be flying anywhere and there's really no place for this symbol," said Hatt. "To see it from a public trail was disconcerting."

Neither Hatt or Ijeh said the family's reasons for flying the Confederate flag make it OK or any less hateful.

For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.