City Hall in Toronto on Sept. 30, 2021.Evan Buhler/The Canadian Press
Toronto City Council is expected to vote in late May on a controversial “bubble zone” bylaw that would prohibit protests around faith-based and cultural institutions.
The debate in Toronto follows similar discussions across Canada in response to protests against Israel’s war in Gaza in the aftermath of the Oct. 7 attack.
Proponents of the bubble-zone restrictions say they are necessary to protect the right to worship without threats or intimidation. But those opposed to such measures say they infringe on the right to protest, another fundamental freedom, especially in cases where religious or cultural institutions host political events.
Toronto’s proposed bylaw hasn’t been drafted yet, but an online survey the city is conducting suggests it would apply to city-owned public spaces around faith-based or cultural institutions, including streets and sidewalks.
Parkdale-High Park Councillor Gord Perks opposes the proposal, saying it oversteps the public’s right to free speech and assembly.
“I don’t think municipalities have or should have the authority to limit speech in this way,” he said in an interview.
Mr. Perks was among five councillors who attended a rally outside city hall protesting the bubble-zone bylaw on April 17 – the anniversary of the Charter of Rights and Freedoms, which they say would be violated.
But York Centre Councillor James Pasternak says the bylaw is needed to prevent demonstrations such as those in front of synagogues, as they can amount to harassment and intimidation in some cases.
Mr. Pasternak, who is a member of the Jewish community, has been outspoken in fighting antisemitism. There has been a spike in reported hate crimes targeting Jews in Toronto since the Oct. 7 attack on Israel, police have said.
“We need to make a strong statement at city council that what’s been going on in our city is outrageous,” Mr. Pasternak said in an interview. “It’s created a city of fear.”
He said the bylaw will allow those attending religious institutions to do so in peace.
Toronto is currently conducting public consultations on the bylaw through virtual public sessions and an online survey. Consultations wrapped up on Wednesday.
The history of bubble-zone regulations in Canada goes back to 1995, when British Columbia passed the country’s first law prohibiting protests around abortion clinics. Other municipalities and provinces, including Ottawa, have proposed or passed similar protest measures.
The pandemic brought its own version of bubble zones. Nova Scotia, British Columbia, Ontario, Quebec, Saskatchewan and Alberta created protest buffers preventing demonstrations outside hospitals, medical facilities and vaccination sites.
Concern about protests against the war in Gaza prompted Vaughan, Ont., to pass its own bubble zone last June, creating a 100-metre ring around “vulnerable infrastructure” including places of worship and schools. Violators would be fined up to $100,000.
James Turk, director of the Toronto Metropolitan University’s Centre for Free Expression, said he supports bubble-zone laws that protect abortion clinics because they are minimally intrusive and precise. But he is concerned that the bubble-zone bylaw that Toronto is considering could be vague and will bar protests at religious sites that hold political events.
“Assemblies, by definition, are disruptive and make people feel uncomfortable,” Mr. Turk said in an interview. “And that’s what’s protected by the Charter. It only ceases to be a peaceful assembly when it degenerates into violence or threats of violence.”
Politicians are facing public pressure to respond to protests, he said. But what city councils are doing is largely performative, Mr. Turk said, because police are already equipped to deal with unruly protesters.
“Tolerating disruptive behaviour, confrontational behaviour, ideas and protests for things we oppose is part of a democracy.”
At the federal level, Prime Minister Mark Carney has promised legislation that would make it a criminal offence to intentionally block access to places of worship, schools and community centres, which is outlined in his party’s platform.
Liberal MP Ben Carr, who retained his seat in Winnipeg South Centre, said in an interview before the election that such legislation is necessary to prevent protests at synagogues and religious schools from crossing the line.
“It’s about redirecting political protest away from innocent and vulnerable religious minorities and children in order to make sure that their rights are not impeded,” he said.