Hundreds gather in downtown Toronto to protest against 'bubble zone' bylaw plan

Hundreds of people gathered outside Toronto city hall on Thursday to rally against a plan for a bylaw banning demonstrations directly outside places of worship, faith-based schools and cultural institutions.

The rally, organized by a coalition of unions, community and civil liberty groups, also celebrated the 43rd birthday of the Canadian Charter of Rights and Freedoms.

Some city councillors, including Chris Moise, Gord Perks and Alejandra Bravo, joined the rally.

Rev. Dr. Paul Shepherd, of United Church of Canada, speaking in a personal capacity and not for church, told the crowd he understands the intention of such a bylaw is to protect people of faith from harassment and disruption.

"Of course, nobody should be subject to hate or intimidation, but we already have laws in Canada to address these things," Shepherd said. "Hate laws, criminal harassment laws, municipal noise laws — we have laws in place."

"So this proposal does not fill a gap. It creates a new gap by undermining the freedom to protest."

Shepherd said he has attended many protests over the years, including ones recently against the war in Gaza. He said the proposal suggests places of worship should be shielded from the accountability that comes from protests.

"But we should not confuse discomfort with actual danger," he said. "And I say this as someone inside the religious world, places of worship are not always neutral."

Shepherd said he hopes council doesn't move forward with bubble zones. "Let's build a city where justice, truth and faith can all be shared space, including sidewalks," he said.

According to a city council motion passed in December, the proposed "bubble zone" bylaw would create community safety zones, or "bubble zones" in front of vulnerable institutions, such as places of worship, faith-based schools and cultural institutions, as a way to protect them. 

The motion says the proposed bylaw would support "the City's commitment to keeping Torontonians safe from hate" and protect Charter rights "that address impacts of demonstrations that target people based on their identity as prohibited under the Ontario Human Rights Code."

The issue is expected to be raised at council's meeting next week because Perks has asked city staff a number of questions about the language used in an online survey that is part of public consultation on the issue. The administrative inquiry he has submitted is on the agenda for that meeting.

As well, the issue is expected to be discussed by city council at its May meeting, when city staff have said they will report back with a proposed bylaw and make recommendations.

Charter rights 'not just for protesters,' councillor says

Coun. James Pasternak, one of the leading voices advocating for the bylaw, said he favours protecting vulnerable institutions from protests through bubble zones. He said the bylaw could be similar to those passed by Vaughan and Brampton. No details are in place for what council will ultimately vote on.

Following Hamas's Oct. 7, 2023 attack on Israel and amid Israel's war on Gaza, protesters have taken to Toronto streets and demonstrated in front of hospitals, places of worship and cultural centres.

"It doesn't affect the Charter right of freedom of peaceful assembly," Pasternak said of the proposal. "All it does it move people back from doorways and from blocking entrances to institutions such as abortion clinics, frontline healthcare workers or places of worship."

Pasternak, who represents Ward 6, York Centre, said a "bubble zone" bylaw is valuable because it would give the Toronto police another tool as well as specific political direction from council.

He added that other municipalities have adopted similar bylaws that prohibit demonstrations within 50 to 150 metres of vulnerable institutions. 

"Charter rights are for everybody. They're not just for the protesters. They're for people who want to go about their lives in peace and in security."

'A bylaw is no useful solution,' expert says

Coun. Paula Fletcher, who represents Ward 14, Toronto-Danforth, said she attended the rally because she wanted to celebrate the values represented by the Charter. She added "it's a very fine line that we have to walk" on the proposed bubble zone bylaw. As the city tries to protect people, it needs to ensure that it doesn't overrun people's rights, she said.

"We have to be very careful whatever we do at the city," Fletcher said.

James Turk, director of Toronto Metropolitan University's Centre for Free Expression, said there are already laws in place for police to enforce if a protest becomes violent. 

Turk said much depends on the intent of the bylaw. If the intent is to restrict disruptive but legal behaviour, then it infringes on the Charter rights of freedom of expression and freedom of peaceful assembly, he said.

"Assemblies by definition are disruptive, that is, they occupy space. They make noise. And that's what's protected," Turk said.

"A bylaw is no useful solution and probably unconstitutional."