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Your Right to Gather and Protest

While the Charter protects many of the rights that are crucial to effective protest, laws limit this right in very real ways.

  • Protesters have been arrested for breaching the peace and unlawful assembly.
  • Provincial legislation may restrict blockades on public roadways and assemblies on certain pieces of public property.
  • Municipal by-laws often limit how, when, and where, protests can be held.
People in a democratic society have the right to protest.

If we allow too many restrictions on the fundamental right to protest, we silence the voices of many in our society, particularly those who may have limited other means for making their views known.

It’s worth remembering that protests are intended to cause disruption and this is protected activity in a democracy. Strong protections for the right to protest are essential to meaningful and informed political debate and discussion.

A democratic society welcomes debate and disagreement on the key issues of the day, and protest is a big part of this process.

Protests can be messy and disruptive, but they are also crucial to our well-being as a society.  

We only have the right to vote every few years, but protests provide opportunities to express our views and grievances at any time.

Protesting? Know your Rights

CCLA has published a Know Your Rights Guide to help you understand your rights, and be better prepared.

DOWNLOAD THE GUIDE

Our 2019 Supreme Court Win

Police should not be able to see a peaceful protester, throw them to the ground, hurt them, and then arrest them, even if it is to prevent violence by others. We saw police abuse this authority in Toronto during the 2010 G20 by arresting over a thousand peaceful protesters.

At a protest, Randy Fleming was thrown to the ground and forcefully detained by multiple police officers, even though he had done nothing wrong. Multiple officers physically brought him down and one even used his body weight to restrain him by putting his knee on Randy’s face. The police said they did this in order to prevent violence by others. In our quest for justice, we joined Randy Fleming all the way up to the Supreme Court in the first ruling in Canadian history to address police powers in such circumstances.

In October of 2019. Randy finally got justice.

It was the first Supreme Court ruling in Canadian history to address police powers in such circumstances, and CCLA was in court fighting for the freedom to protest peacefully without being hurt, thrown to the ground, and arrested.

The right to protest is crucial to a free democracy and important to creating a more equitable society.
Our Recent Cases and Reports

View our latest work and activity.

Protest Rights & the G20

Canadians deserve to know why the security failed to fulfill its role to protect the right to protest, which brings together a number of basic civil liberties including freedom of expression, freedom of association and freedom of peaceful assembly.
VIEW CASE

Protest Rights & the G20

The Ontario legislature passed a law that forces gas station owners to put up stickers with the government party line on pollution pricing or the carbon tax. The government should not force anyone to share their message. If the station owners choose to not put up the stickers, they can be handed a new fine every day. That’s called “compelled political speech.” That’s unconstitutional.

Our Work Protecting Protest Rights

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CCLA Testifies on Bill C-70 Before Senate Standing Committee National Security, Defence, and Veterans Affairs

On June 10, 2024, Anaïs Bussières McNicoll, Director of the Fundamental Freedoms Program, and Shakir…
October 22, 2024

CCLA Calls on Universities to Ensure their Policies Respect Students’ Right to Peacefully Protest on Campus

Universities’ policies on protests should give an expansive and meaningful consideration to students’ fundamental rights…
September 10, 2024

CCLA Files its Submission to the Toronto Police Service Board on the Upcoming Policy on Police Action in Respect of Protests

The Board policy must acknowledge that the Toronto Police Service, as all state actors, has…
September 4, 2024

CCLA Reacts to the Ontario Superior Court of Justice’s Decision Ordering the Dismantlement of the Encampment Located on the University of Toronto’s Grounds

TORONTO — Anaïs Bussières McNicoll, Director of Fundamental Freedoms at the Canadian Civil Liberties Association, made the…
July 3, 2024

Universities Should Not Sue Their Students for Speaking Their Minds

TORONTO - Anaïs Bussières McNicoll, Director of Fundamental Freedoms at the Canadian Civil Liberties Association,…
July 2, 2024

Free Speech and Protest Rights: CCLA to Universities and Police Services: You Must Walk the Talk

On June 7, 2024, Anaïs Bussières McNicoll, director of the Fundamental Freedoms program and interim…
June 7, 2024

Free Speech and Protest Rights: CCLA Granted Leave to Intervene in the McGill University Injunction Proceeding

On June 4, 2024, Anaïs Bussières McNicoll, Director of the Fundamental Freedoms Program and Interim…
June 4, 2024

Free Speech and Protest Rights: CCLA Granted Leave to Intervene in the University of Toronto Injunction Proceeding

On June 4, 2024, Anaïs Bussières McNicoll, Director of the Fundamental Freedoms Program and Interim…
June 4, 2024

Free Speech and Protest Rights: CCLA Seeks Leave to Intervene in McGill University’s Injunction Proceedings against the Encampment on its Campus

On May 27, 2024, Anaïs Bussières McNicoll, Director of the Fundamental Freedoms Program and Interim…
May 28, 2024

CCLA Calls for Investigation into Edmonton Police

TORONTO — Anaïs Bussières McNicoll, Director of the Fundamental Freedoms Program of the Canadian Civil…
May 14, 2024

Student Protest Movement: CCLA Calls for an Investigation into Calgary Police’s Alleged Recent Conduct

TORONTO — Anaïs Bussières McNicoll, Director of the Fundamental Freedoms Program of the Canadian Civil…
May 11, 2024

Know Your Rights: Universities Should Continue to Acknowledge the Rights of Students to Express Themselves and to Protest Peacefully

Now more than ever, it is important for individuals to understand their rights when they…
May 8, 2024

Freedom of Peaceful Assembly and Freedom of Expression: CCLA Welcomes the Quebec Superior Court Decision Refusing to Order the Dismantlement of the McGill University Encampment

MONTREAL — Following the Quebec Superior Court’s dismissal of an injunction application seeking the dismantlement of…
May 2, 2024

Freedom of Expression, the Right to Protest, and Academic Freedom in a Time of Crisis

The Canadian Civil Liberties Association (CCLA) recognizes that in times of crisis, it is all…
November 11, 2023

CCLA Intervening in Tik Tok Injunction Appeal to Protect Space for Digital Activism

TikTok teens and duet fiends, take note. The CCLA is intervening in an Ontario court…
January 11, 2023

CCLA Moving Forward with Appeal of Nova Scotia Anti-Protest Injunction

The CCLA continues to work to ensure that governments do not overreach in exercising their…
April 8, 2022

CCLA Presents to the Standing Committee on Justice Policy on Bill 100 (Ontario)

Oral Submission to the Standing Committee on Justice Policy of the Legislative Assembly of Ontario…
April 7, 2022

Fear, Loathing and the Law: Pushing the Limits of Legislating “Good” Behaviour

CCLA Essay by Cara Zwibel, Director of Fundamental Freedoms and Brenda McPhail, Director of Privacy…
September 20, 2021

CCLA Seeks to Appeal Nova Scotia Anti-Protest Injunction

While the injunction is no longer in force in the province, we remain concerned about…
July 19, 2021

Nova Scotia Attempting to Avoid Public Scrutiny

The Canadian Civil Liberties Association (CCLA) is concerned the Government of Nova Scotia is attempting…
June 24, 2021

CCLA to Challenge Nova Scotia’s Protest Injunction

The Canadian Civil Liberties Association (CCLA) will challenge the Government of Nova Scotia’s exceptionally broad injunction limiting…
May 28, 2021

CCLA Taking Steps to Fight Nova Scotia’s Protest Injunction

The Canadian Civil Liberties Association (CCLA) is taking steps to fight an injunction obtained by…
May 18, 2021

Submissions Before Ontario Standing Committee on The Legislative Assembly re: Bill 254

When the Attorney General introduced these changes in the Assembly he framed them as putting…
March 30, 2021

Manitoba Law Society “Good Character” Process Undermines Truth and Reconciliation, Diversity and Equality

The Canadian Civil Liberties Association sent a brief to the Manitoba Law Society asking it…
March 17, 2021

CCLA to NB Speaker: Don’t Interfere with Protests on Legislative Grounds

Following concerning reports about the treatment of protesters during a demonstration at Parliament Square in…
March 2, 2021

Justice Vs. the G20: The Legacy that Shapes Protests Today

Protests at the G20 and G8 Summits in Toronto went onto become the largest in…
November 7, 2020

CCLA Statement of Support for Abortion Rights & LGBTQ+ Healthcare Now Protest

The role of the government is to protect the health of its citizens. It is…
August 27, 2020

A G20 Victory Ten Years In The Making

The Ontario Court of Appeal has handed down an important decision in a case that…
April 17, 2020

Physical Distancing Shouldn’t Preclude Public Dissent

Remember protest and dissent? It is hard to believe that just six weeks ago the…
April 3, 2020

Young Voices, Youth Activism, and Social Change

In these days of heavy-handed rhetoric from our leaders and political infighting, it is easy…
April 11, 2019
Activists Protesting Peacefully in the street

Student Walkouts: You’ve Got The Power, We’ve Got Your Back.

We are writing about the student walkout planned for Thursday, April 4, 2019, at public…
April 3, 2019

CCLA at The Supreme Court: When Can The Police Arrest You to ‘Protect’ You?

How far can police officers go when initiating a “protective” arrest? Can innocent protestors be…
March 21, 2019

March For Our Education

On Saturday July 21st, hundreds of people gathered at the March For Our Education event at Queen’s…
July 23, 2018

INCLO Report Release: Defending Dissent: State Practices that Protect and Promote the Right to Protest

INCLO and the IHRC launched a report today that provides practical guidance on how law enforcement…
June 27, 2018

Thousands Protest Against G7 Summit by National Assembly in Quebec City

Last weekend, protesters assembled in Quebec City to express their opinions on the G7 Summit…
June 13, 2018

CCLA Follows Up On YorkU Strike

The following letter was sent to Ms. Lucy Fromowitz on May 30, 2018.
June 1, 2018

CCLA Talks Right to Protest at University of Chicago Law School

Last week, CCLA’s Director of Public Safety, Rob De Luca, participated in consultation sessions with…
April 2, 2018

Yorku Protesters: You Have The Power. We Have Your Back (Survey)

I am writing to you about disturbing reports regarding the reported activities of security personnel…
March 27, 2018