Protesters stand behind a police line near Notre Dame and Nepean High Schools in Ottawa on April 25. Ottawa's city councillors are considering two bylaws to address local protests.Spencer Colby/The Canadian Press
Municipal leaders across Canada are debating how best to regulate protests in their communities as the federal government prepares legislation that would create new criminal penalties for events that obstruct or threaten participants at schools and places of worship.
One approach that many municipalities are considering is the implementation of “bubble zone” bylaws – municipal rules that create defined buffer zones around certain facilities. These bylaws would limit or prohibit certain protest activities within these zones to ensure unhindered access and protect individuals from harassment and intimidation.
Toronto city councillors are preparing to meet on Wednesday to discuss a proposed bylaw on the issue. Ottawa has introduced its own, more narrow bylaw. Calgary is further along in the process, having already passed a bylaw, though it is now facing a legal challenge in court.
The Liberal federal election platform pledged to introduce legislation to make it a crime to obstruct access to any place of worship, including schools and community centres. The platform also promised to make it a criminal offence to intimidate or threaten those attending services at these locations.
Justice Minister Sean Fraser’s office declined to make him available for an interview. In a statement, spokesperson Chantalle Aubertin said that “the pledges by PM Carney are the same model used in the last Parliament to protect our health care workers.”
“The Prime Minister has said, it is completely unacceptable that people in Canada feel threatened for simply gathering in their communities. This is about safety and standing firm against hate.”
In Toronto, city staff have proposed a 20-metre “bubble zone” around places of worship, schools and daycares. The policy, which will take effect on July 2 if passed, has already sparked protests. Some city councillors oppose the policy, saying it could infringe on democratic rights.
Calgary’s bylaw passed on March 14, 2023, and sets out geographical “access zones” to strike a balance between respecting the right to protest and providing safe and inclusive access to public services.
It states that protests on a wide range of issues cannot be within 100 metres of entrances to a public library or recreation centre. The bylaw also prohibits similar protests inside those facilities.
The Calgary bylaw is being challenged in court by the Canadian Constitution Foundation, which argues it is unreasonable and the city does not have the jurisdiction to enact it. The foundation is also challenging it under the Charter of Rights and Freedoms and the Alberta Bill of Rights.
Calgary city councillors are divided. Most supported the bylaw, but Councillor Jennifer Wyness, who opposed it, said the process was rushed.
“We didn’t fully consider how this bylaw could be interpreted or potentially used in the future against the very groups we want to support.”
Ms. Wyness also raised concerns about enforcement: “Who decides what qualifies? How do we ensure it’s actually enforceable?”
In Ottawa, city councillors are considering two bylaws to address local protests. The first would eliminate the requirement for permits for demonstrations and protests. Then a “vulnerable social infrastructure” bylaw would create protective zones or “bubble zones” around sites such as schools, places of worship and long-term care facilities.
Councillor Jeff Leiper supports eliminating permits for demonstrations, saying, “Demonstrations and protests are a constitutionally protected form of speech and should never require a permit.”
However, Mr. Leiper said he would struggle to support a motion to create a municipal “bubble zone” bylaw, pointing to the continuing constitutional challenge in Alberta. ”Chances are that Calgary’s bylaw will go all the way to the Supreme Court, as it has been challenged on Charter grounds, and if Ottawa follows the same path, it could be overturned, and that’s not a good use of taxpayer dollars,” he said.
Ottawa Police Service Superintendent Francois D’Aoust said the current law allows police to respond only reactively to demonstrations. The proposed bylaw, he explained, would enable proactive enforcement by establishing buffer zones in advance.
An Ottawa council committee voted on Friday for city staff to develop a bylaw for the city of Ottawa within a nine-month timeline.
In a report released Tuesday, the Anti-Racism Program of the CJPME Foundation, which advocates for human rights, says that new municipal “bubble zone” laws are being used to silence pro-Palestinian protests and restrict free expression.
“These bylaws aren’t protecting the vulnerable – they’re shielding power from accountability and branding Palestinian voices as inherently threatening," said Jamila Ewais, the report’s lead researcher.
“We are witnessing the erosion of democratic space under the guise of public safety.”