As Brampton, Ont., deals with the fallout of two days of violent protests outside a Hindu temple, other Ontario cities are also considering enacting local laws that would ban protests near institutions such as places of worship and schools.
But one academic who specializes in freedom of expression warns such a move could curtail people's right to express their views.
Brampton Mayor Patrick Brown has said he plans to ask city council to consider a bylaw that would ban protests at places of worship after violence erupted as hundreds of demonstrators gathered Sunday outside the Hindu Sabha Mandir, which led to the arrest of three people.
That demonstration, initiated by Sikh separatists who seek an independent nation called Khalistan, spurred a counter-protest at the temple on Monday night, where police allege some in the crowd were carrying weapons and throwing objects.
Brown said on social media Sunday that he has asked Brampton鈥檚 city solicitor to look at the legality of such a bylaw. He didn't respond to a request for a phone interview this week.
In the neighbouring municipality of Vaughan, Ont., city council unanimously approved a bylaw in June to prohibit "organizing or participating in a nuisance demonstration" within 100 metres of "vulnerable social infrastructure" such as places of worship, schools, child-care centres or hospitals.
The city says the bylaw is "not intended to prohibit peaceful gatherings, protests or demonstrations," including those that are part of a labour union strike.
Vaughan Mayor Steven Del Duca said council approved the bylaw after 鈥渓arge scale and very disturbing鈥 protests in the city that took place near synagogues earlier this year. He said he believes Vaughan became one of the first municipalities in Canada to enact such a law.
鈥淚f somebody wants to peacefully protest and not engage in behaviour that's intimidating or intolerant or inciting hatred, and they want to do that relatively close, for example, to a daycare, I don't think the bylaw would necessarily actually be triggered,鈥 Del Duca said in a phone interview.
But James Turk, director of the Centre for Free Expression at Toronto Metropolitan University, said there鈥檚 鈥渘o need鈥 for such bylaws when it鈥檚 already illegal to incite violence or engage in it across Canada.
It鈥檚 unclear what municipal bylaws like Vaughan鈥檚 can change or add, he said.
鈥淰irtually every kind of behaviour that they rightly would like to prevent is already illegal,鈥 Turk said. 鈥淧eople have a right to safety, and if there鈥檚 a threat of violence or a likelihood of violence, we already have laws that protect against that.鈥
Del Duca said Vaughan hasn鈥檛 had any large-scale demonstrations since the motion was passed, but he said he couldn鈥檛 directly link that to the bylaw, which he hopes he never has to use.
鈥(I鈥檓) a very strong supporter of the right to protest,鈥 he said. 鈥淏ut when the line is crossed ... I do believe that action needs to be taken.鈥
Last week, Ottawa city council voted to study the feasibility of a similar bylaw, with plans for staff to report their findings by early next year.
Ottawa Coun. Allan Hubley, who moved the motion, said escalating tensions during some demonstrations in the city prompted him and other councillors to consider taking legislative action that would protect vulnerable institutions without restricting the right to protest.
In a phone interview, Hubley pointed to a local Jewish community space where protesters had gathered last September, which was near a Jewish long-term care home.
The Jewish Federation of Ottawa later said that police were deployed to the site as there had been multiple confrontations involving 鈥渁ggressive protesters.鈥
Hubley also pointed to last year's demonstrations outside some public schools that targeted gender identity and gender expression rights in the classroom.
鈥淭hat was very intimidating and scary for the kids that were there. It ended up having a protest on both sides of the issue there,鈥 Hubley said. 鈥淎s long as you鈥檙e going to be peaceful, you鈥檒l get a permit. You can have your protest, but stay away from the school.鈥
If more Ontario cities are considering enacting bylaws like Vaughan鈥檚, they must consider Charter rights, Turk said, adding that such moves could deter people from demonstrating lawfully.
鈥淭he only effect of what they're doing would be to further restrict speech by those who are protesting, as well as to chill others who may want to protest," he said.
Hubley said he hopes a bylaw would ultimately make residents feel safer, while promoting peaceful protesting in Ottawa.
鈥淲e鈥檙e not putting up with any hate or threats of violence, that stuff has to stop. We can also escalate.鈥
This report by 好色tvwas first published Nov. 6, 2024.
