Right to Protest Peacefully: CCLA Urges the Brampton City Council to Fix the Proposed Bubble Zone By-Law

TORONTO —  The Canadian Civil Liberties Association (CCLA) has sent a letter to Brampton’s Mayor and City Councillors urging them to amend a proposed by-law that would prohibit some protests near places of worship.

City Council is expected to vote on this proposed by-law on November 20, 2024.

The CCLA acknowledges that everyone in Canada, including people of Brampton, are entitled to physical safety. This is why, in case of violent or otherwise criminal behavior during a protest, law enforcement can and should intervene with the individuals concerned.

Prohibiting protests near community gathering spaces raises serious Charter issues. While some limitations on peaceful protests near places of worship might be found by courts to be acceptable to balance free speech and the right to protest peacefully with other important rights, such as freedom of religion, any such limits should be carefully crafted, as minimal as possible, and proportionate. For the reasons detailed in CCLA’s letter, the proposed by-law fails to meet these requirements.

“As currently drafted, the proposed by-law is likely to chill free speech and lawful, peaceful protests. This by-law uses vague and open-ended definitions that leave it to police officers to make subjective and unpredictable determinations. Any person guilty of an offence under the proposed by-law is subject to a maximum fine of $100,000—which is irrational and disproportionate.” says Anaïs Bussieres McNicoll, Director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association.

“Our civic space is where people come together to exercise their rights to associate, assemble and express themselves peacefully. This space is the bedrock of any open and democratic society. We urge the Brampton City Council to refrain from shrinking our civic space unduly and unfairly”.

Read CCLA’s letter here.