As Brampton, Ont., offers with the fallout of two days of violent protests exterior a Hindu temple, different Ontario cities are additionally contemplating enacting native legal guidelines that might ban protests close to establishments corresponding to locations of worship and colleges.
However one tutorial who focuses on freedom of expression warns such a transfer might curtail individuals’s proper to specific their views.
Brampton Mayor Patrick Brown has mentioned he plans to ask metropolis council to contemplate a bylaw that might ban protests at locations of worship after violence erupted as tons of of demonstrators gathered Sunday exterior the Hindu Sabha Mandir, which led to the arrest of three individuals.
That demonstration, initiated by Sikh separatists who search an unbiased nation known as Khalistan, spurred a counter-protest on the temple on Monday night time, the place police allege some within the crowd had been carrying weapons and throwing objects.
Brown mentioned on social media Sunday that he has requested Brampton’s metropolis solicitor to take a look at the legality of such a bylaw. He did not reply to a request for a cellphone interview this week.
Within the neighbouring municipality of Vaughan, Ont., metropolis council unanimously permitted a bylaw in June to ban “organizing or collaborating in a nuisance demonstration” inside 100 metres of “susceptible social infrastructure” corresponding to locations of worship, colleges, child-care centres or hospitals.
The town says the bylaw is “not supposed to ban peaceable gatherings, protests or demonstrations,” together with these which might be a part of a labour union strike.
Vaughan Mayor Steven Del Duca mentioned council permitted the bylaw after “large scale and very disturbing” protests within the metropolis that happened close to synagogues earlier this 12 months. He mentioned he believes Vaughan turned one of many first municipalities in Canada to enact such a regulation.
“If 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,” Del Duca mentioned in a cellphone interview.
However James Turk, director of the Centre for Free Expression at Toronto Metropolitan College, mentioned there’s “no need” for such bylaws when it’s already unlawful to incite violence or have interaction in it throughout Canada.
It’s unclear what municipal bylaws like Vaughan’s can change or add, he mentioned.
“Virtually every kind of behaviour that they rightly would like to prevent is already illegal,” Turk mentioned. “People have a right to safety, and if there’s a threat of violence or a likelihood of violence, we already have laws that protect against that.”
Del Duca mentioned Vaughan hasn’t had any large-scale demonstrations for the reason that movement was handed, however he mentioned he couldn’t instantly hyperlink that to the bylaw, which he hopes he by no means has to make use of.
“(I’m) a very strong supporter of the right to protest,” he mentioned. “But when the line is crossed … I do believe that action needs to be taken.”
Final week, Ottawa metropolis council voted to check the feasibility of the same bylaw, with plans for employees to report their findings by early subsequent 12 months.
Ottawa Coun. Allan Hubley, who moved the movement, mentioned escalating tensions throughout some demonstrations within the metropolis prompted him and different councillors to contemplate taking legislative motion that might shield susceptible establishments with out limiting the proper to protest.
In a cellphone interview, Hubley pointed to an area Jewish group house the place protesters had gathered final September, which was close to a Jewish long-term care house.
The Jewish Federation of Ottawa later mentioned that police had been deployed to the location as there had been a number of confrontations involving “aggressive protesters.”
Hubley additionally pointed to final 12 months’s demonstrations exterior some public colleges that focused gender identification and gender expression rights within the classroom.
“That was very intimidating and scary for the kids that were there. It ended up having a protest on both sides of the issue there,” Hubley mentioned. “As long as you’re going to be peaceful, you’ll get a permit. You can have your protest, but stay away from the school.”
If extra Ontario cities are contemplating enacting bylaws like Vaughan’s, they need to take into account Constitution rights, Turk mentioned, including that such strikes might deter individuals from demonstrating lawfully.
“The one impact of what they’re doing can be to additional prohibit speech by those that are protesting, in addition to to sit back others who might wish to protest,” he mentioned.
Hubley mentioned he hopes a bylaw would finally make residents really feel safer, whereas selling peaceable protesting in Ottawa.
“We’re not putting up with any hate or threats of violence, that stuff has to stop. We can also escalate.”
This report by The Canadian Press was first printed Nov. 6, 2024.
