Civil liberties group questions constitutionality of proposed Ottawa 'bubble bylaw'
CTV
The Canadian Civil Liberties Association says it is concerned about the constitutionality and effectiveness of a proposed 'bubble bylaw' in the City of Ottawa, that if passed, could restrict demonstrations and protests near certain public spaces.
A Canadian civil liberties group says it is concerned about the constitutionality and effectiveness of a proposed 'bubble bylaw' in the City of Ottawa, which if passed, could restrict demonstrations and protests near certain public spaces.
A notice of motion tabled Wednesday by Coun. Allan Hubley and supported by Ottawa Mayor Mark Sutcliffe, is directing staff to study the implementation of a "vulnerable social infrastructure bylaw." The issue will be debated at the next city council meeting on Oct. 30 but likely won't be voted on until the new year.
Sutcliffe said the bylaw aims to restrict demonstrations near certain community spaces, including schools and hospitals amid an increase in hate crimes.
Anaïs Bussières McNicoll, a lawyer with the Canadian Civil Liberties Association, says the organization will be monitoring how the proposed bylaw might be crafted. She said while she understands the mayor's wish to protecting Canadians, the proposed rules may already be legal in the Criminal Code.
"If you have a protester engaging in criminal conduct endangering human safety, well law enforcement can and should intervene and the police do not need a new bylaw to do that. There are already offences available through the Criminal Code, for instance criminal harassment, threats, incitement of violence," she told Newstalk 580 CFRA’s Live with Andrew Pinsent on Saturday.
McNicoll added that while some limitations near hospitals and places of worship may be acceptable, officials need to think about solutions that “minimally impair” freedom of expression guaranteed to Canadians under the Charter of Rights and Freedoms.
"Free speech and the right to protest peacefully are true pillars of our democracy. And they allow everyone in Canada to speak up against issues that they care about so any limit to these Charter protected rights shouldn't be taken lightly," she said.
