Winnipeg councillor backtracks on proposed 100-metre protest ban after community pushback

The chair of the City of Winnipeg's property committee is changing course on a proposed bylaw that would have created 100-metre buffer zones banning protests around schools, hospitals, community centres and places of worship, following criticism that the move could infringe on rights to free expression.

Coun. Evan Duncan (Charleswood-Tuxedo-Westwood), said in a news release Monday that decision came after hearing concerns that the proposed rules “felt too broad or missed the mark.”

The draft bylaw was scheduled to head to council’s executive policy committee for debate at its next meeting on Tuesday, before moving to council for final consideration if approved. But Duncan said he now plans to instead recommend the committee receive the report as information and not move forward with the plan.

The Safe Access to Vulnerable Infrastructure bylaw would have banned what it called "nuisance demonstrations" near a broad list of facilities, and prohibit intimidating anyone attempting to access them. 

The bylaw would have applied to public and independent schools, post-secondary institutions, health-care facilities, libraries, cultural centres, cemeteries and neighbourhood rehabilitation homes. 

It also included any protest that blocked access of people or vehicles, or used amplifiers or microphones without a city permit, but would not have applied to legal labour activities related to a dispute or collective bargaining.

The proposed bylaw defined intimidation as conduct intended, or reasonably expected, to cause someone to fear for their safety, incite hatred or discrimination, or deter access to a designated facility.

Fines were intended to start at $500 for a first offence and escalate to $5,000 for repeat violations.

Coun. Duncan put forward a motion calling for city staff to draft the bylaw in September, arguing certain spaces should be protected, “given the potentially vulnerable populations that they serve.” Councillors voted on the matter after police raised concerns about the increasing resources required to manage protests and counter-protests in recent years.

While supporters said the measure struck a necessary balance between freedom of expression and public safety, opponents argued the restrictions risked going too far. 

That opposition included an organizing meeting last week put together by the Social Planning Council of Winnipeg and other groups, some of whom argued police already have tools to address harmful behaviour at demonstrations. Manitoba has legislation creating a buffer zone of at least 50 metres around facilities whose main purpose is to provide abortions, for example.

The proposed bylaw also drew concern from the Assembly of Manitoba Chiefs. In a letter to Winnipeg Mayor Scott Gillingham posted online on Friday, Grand Chief Kyra Wilson asked for a meeting to address concerns about how the proposal might affect First Nations peoples and grassroots movements “who rely on public assembly and protest as lawful and historically grounded forms of expression.”

On Monday, Duncan also said the legal landscape has changed since his initial request to draft the bylaw in September, pointing to the federal Bill C-9 — a justice bill that proposes new Criminal Code offences, including intimidating someone to make them afraid to access a religious or cultural institution, or intentionally obstructing someone trying to lawfully access those places.

Duncan said that proposed legislation “addresses much of what we were trying to tackle.”