Amid heightened tensions between protesters over the Israel-Hamas war, Ottawa Mayor Mark Sutcliffe tabled a motion Wednesday to explore limiting protests around community spaces, including places of worship.
Widely known as a “bubble bylaw,” the “vulnerable social infrastructure bylaw” was recommended following a “19% increase in hate crimes” targeting minority groups last year, Sutcliffe announced in an X post. While the specifics of the bylaw are not yet clear, the law could follow similar initiatives in other cities.
The proposal also follows numerous violent demonstrations in Ottawa this year.
Earlier this month, anti-Israel protestors descended upon the Soloway Jewish Community Centre, directly across from the Hillel Lodge, a long-term care facility housing seniors.
“There is no reason for protesters to be going to long-term care facilities to intimidate our seniors,” Coun. Allan Hubley, set to move the motion, told National Post.
Coun. David Hill, in support of the motion, said protests that “turn nasty” like “the incident at the (Soloway Jewish) Community Centre” prompted consideration of the bylaw.
However, he added the motivation is not limited to Ottawa.
“In 2017, there was a challenging protest that turned nasty at a mosque in Toronto,” he said, referring to an anti-Islam rally. Hill said violent protests have affected other vulnerable communities too.
“We’ve seen that in Ottawa and other cities with the LGBTQ community,” he said.
Hill added the bylaw intends to balance the city’s “fiduciary duty of care” for its residents while preserving Charter-protected rights, such as freedom of assembly and freedom of religion.
According to Hill, these competing rights would be balanced “in a better way than we currently have.”
“We are trying to protect the rights of residents who want to protest any issue peacefully,” Hubley added. “While protecting residents attending their church, mosque or any place of worship.
Andrew Bennett, Canada’s former religious freedom ambassador and senior fellow at Cardus, a think tank, says bubble zones are not the solution. Public incitement of hatred, wilful promotion of hatred, and “condoning, denying, or downplaying the Holocaust” are already crimes in Canada, he said in a statement to National Post.
“We already have laws against the very anti-Semitic crimes so many Canadians have found abhorrent,” Bennett said.
Ryan O’Connor, a Toronto-based lawyer with expertise in constitutional law, echoed that view. “We should be encouraging freedom of assembly as long as it’s done that peacefully, not discouraging it,” he said.
O’Connor referenced Vaughan, an Ontario city that enacted a similar measure earlier this year.
If protestors in Vaughan happen to walk by a place of worship or school, he said, and “someone felt intimidated by their open support, peaceful support … those people engaging in the peaceful demonstration could be fined.”
“You can receive a fine of up to $100,000,” he added.
Bubble zones have long been controversial and have been proposed or enacted over several issues. Since 1995, British Columbia has had a law prohibiting protests outside of abortion clinics. During the COVID-19 pandemics, some provinces enacted bubble zone laws to prevent protests outside hospitals.
In many instances, critics denounce them as infringements upon Canadians’ freedom of expression.
However, some Jewish leaders are voicing their support for the bill.
“Our community has generally been supportive of this for some time,” said Adam Silver, president and CEO of the Jewish Federation of Ottawa.
“To be clear, this is not solely a Jewish issue,” said Michelle Stock, vice-president at the Centre for Israel and Jewish Affairs. “Every Canadian has a right to be safe in their community spaces and while accessing vital services.”
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