Denley: An Ottawa bylaw to limit protest sites is overdue

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Ottawa’s proposal to limit where demonstrations take place is fair, appropriate and overdue. Demonstrators do have a right to express their opinions publicly, but that shouldn’t extend to interfering with the lives of people going about their daily business.

Wednesday, councillors will be asked to approve a staff study of a bylaw to limit demonstrations near places of worship, community centres and other public places, including schools, hospitals and long-term care homes.

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It’s unfortunate that such restrictions are necessary, but the goal is to prevent demonstrations from becoming confrontations. For example, last year five people were arrested after an anti-trans demonstration was held near two Ottawa high schools. The war in the Middle East has also heightened the risk of confrontations. Last month, there was an anti-Israel protest outside the Soloway Jewish Community Centre, which is adjacent to Hillel Lodge, a long-term care home. And during the pandemic, there were anti-vaccine protests at the Ottawa Hospital.

Demonstrators like to choose a backdrop that’s appropriate to their complaint. They do it either for a better photo op or to intimidate people, sometimes both. Surely demonstrators can make their points without getting in people’s faces.

Three main arguments have been presented against the potential bylaw. The first is that restricting the location of demonstrations will reduce people’s right to free speech and free assembly. Yes, in a small way, but they will still have many, many alternative locations to chant, carry signs and get their message out. In any case, the right to free speech is not absolute. For example, it is limited by hate speech laws.

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Some also point out that there are already Criminal Code provisions against criminal harassment, threats and inciting violence. Why not just enforce the existing laws if things get out of hand, they ask? There are two problems with that. Police have been hesitant to do anything that could be seen as limiting freedom of speech. They need explicit rules.

Police have been hesitant to do anything that could be seen as limiting freedom of speech. They need explicit rules.

The main weakness of charges after the fact is that the intimidation or even violence has already taken place. Rather than reacting to that, the potential city bylaw is proactive, attempting to reduce the likelihood of problems in the first place.

Finally, there’s the slippery slope argument, often deployed when the case against a particular change is weak. What if, say, in the future far greater restrictions were placed on freedom of speech and assembly, so there was no place left to protest? That would be unacceptable, but it’s not what’s under consideration.

Support for free speech tends to be cause-specific. In 2017, Ontario passed a law creating a protected zone around abortion clinics. People can still protest, just not right in front of the door. It certainly restricted the speech of abortion opponents, but all three major political parties supported it.

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More recently, the so-called Freedom Convoy folks were definitely using their right to free speech, but there was wide applause when their demonstration was brought to a halt by police.

In both instances, the issue was balance between free speech and the rights of others. Did anti-abortion protesters have a right to impede women going to abortion clinics? Did those in the truckers’ convoy have a right to take over Ottawa’s downtown?

In both cases, the answer was no. Now the issue is whether protesters have a right to prevent people’s unimpeded access to public places like schools, churches, mosques, synagogues and community centres. The answer is still no.

People like to assert their rights, but there isn’t nearly enough attention paid to the responsibilities that accompany those rights. Peace, order and good government is a foundational principle of Canada. Good government seems beyond our grasp, but we all have a role to play when it comes to peace and order.

Controlling the location of demonstrations in Ottawa would be a small but welcome step toward creating needed balance between the rights of protesters and those of everyone else.

Randall Denley is an Ottawa journalist and author. His newest mystery novel Changes in Latitudes is now available at randalldenley.com Contact him at randalldenley1@gmail.com

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