Protest 'bubble' bylaw may spark legal challenge, city staff warn
More study needed on restricting protests near vulnerable institutions, councillors told
If Ottawa creates a bylaw restricting protests near places like synagogues and daycares, staff say it could expect legal challenges — especially given a case unfolding in Calgary.
Council directed staff to look at the feasibility of such a bylaw last fall, despite concerns from some councillors that new rules would overly restrict the rights of residents.
When Mayor Mark Sutcliffe introduced the idea on the social media platform X, he noted a rise in hate crimes.
"Every resident of Ottawa deserves to feel safe and secure, and free from discrimination of any kind," he wrote, saying the bylaw aims to ensure religious institutions, community centres and schools remain "welcoming and secure, while still respecting the right to peaceful protest."
The move sparked immediate support from the Jewish Federation of Ottawa and concerns from civil liberty groups.
Calgary experience highlighted
A report written for councillors by Ryan Perrault, general manager of the city's emergency and protective services department, urged a legal review to ensure any limits are reasonable.
"Safe access regulations are relatively new at a municipal level and are largely untested," Perrault said in the document released on Thursday.
It noted an ongoing court challenge of the City of Calgary's safe and inclusive access bylaw, along with an appeal of a conviction made under the new rules.
That city's bylaw was introduced in early 2023, following protests at venues hosting events with drag queens.
"Staff caution that it would be prudent to assess the outcome of those proceedings before moving forward with similar regulations here," Perrault's report said.
What's a 'bubble' bylaw?
These sorts of bylaws create 'bubble zones' that restrict certain activities within the vicinity of certain types of buildings or services.
The City of Vaughan recently created one such bylaw last year, barring "nuisance demonstrations" near vulnerable sites.
It came after protests outside of a synagogue.
The city's report said no charges have been laid under that bylaw so far.
Police already have the ability to lay charges related to harassment or hate, but the report notes these "typically apply after the fact."
According to the report, a new bylaw would aim to "prevent behaviours that obstruct individuals' safe access to sites such as religious institutions and daycares."
The Ottawa Police Service's hate and bias crime unit addressed 467 incidents last year, including 351 criminal and 116 hate-motivated incidents. The same update noted one formal hate crime charge was laid and 54 people were charged with 190 criminal offences in relation to these incidents.
Ontario already has legislation in place creating a safe zone for abortion providers.
Nine months of research, consultation
Ottawa city staff recommended that councillors order a comprehensive review, including consultations. The process would take nine months.
Several other cities, including Toronto have already begun a similar process.
- Toronto's 'bubble zone' bylaw to block protests outside certain spaces to be delayed indefinitely
- Vaughan mayor proposes banning protests near places of worship, schools and hospitals
"A cautious approach is recommended to avoid unjustified infringements on Charter-protected rights and freedoms," the report concluded.
"Should the City proceed with developing a safe access bylaw, it will be essential to demonstrate, with evidence, the public need for such restrictions."
That means collecting more data to provide a thorough analysis.
Discussion on the feasibility study is set for a joint meeting of the emergency preparedness and protective services and public works and infrastructure on May 15.
The timeline puts a potential vote on establishing the new bylaw within months of the next municipal election.