City Staff have released their Feasibility Assessment on the proposed Bubble By-law for review by council next month. The memo echoes some of our concerns about the by-law, including infringing on Charter rights and opening the city up to legal challenges. It sparked additional concerns for us at Horizon Ottawa and the Defend Dissent Coalition.
The stated intention of the proposed by-law is to “to address harassment and hate speech around vulnerable infrastructure.” The proposal of this by-law as a solution to these problems makes a lot of assumptions and leaves us with many questions.
The document cites the OPS, which says the number of hate crimes and demonstrations are going up – but we don’t have data that shows how many of these hate crimes are at all connected to demonstrations. How can they know that hate crimes would decrease if this by-law was implemented? Does the city or OPS have an estimate?
Staff admits that these types of by-laws “are largely untested”. In Vaughan, no charges have been laid using their version of a “bubble by-law” since it came into effect in 2024. How will the city determine the effectiveness of the by-law at achieving its goals?
Law enforcement already have tools to protect the public through the Criminal Code, Highway Traffic Act, and municipal by-laws (noise, traffic, parking). Staff’s memo says these measures “typically apply after the fact.” Thus, they envision the Bubble By-law as a deterrent to dissuade individuals and groups from organizing demonstrations. But how can the city or law enforcement determine the effectiveness of a deterrent? If people don’t organize due to fear of fines under the by-law, the demonstrations simply won’t occur and there will be no way of tracking this.
In Calgary, their by-law is facing two legal challenges. Staff recommended the city wait to see the result of these cases.
Ottawa’s by-law “could be criticized as an unreasonable infringement on the right to freedom of expression and the right of peaceful assembly guaranteed under … the Charter”. Staff recognize the city must show that the benefits of a vulnerable social infrastructure by-law don’t outweigh the negative impacts. The right to feel comfortable doesn’t come anywhere close to outweighing the right to freedom of expression. The memo includes a recognition that the objective of the by-law needs to be pressing and substantial in order to justify limiting a Charter right – which we argue is not, based on the weak arguments presented. How can the city consider stripping away our rights for unknown benefits?
Read the full memo from staff here.
FOR IMMEDIATE RELEASE
“Tewin” is a proposed development near the village of Carlsbad Springs. The developer and partial landowner for the site is Taggart, one of the city’s largest developers and a major donor in the 2022 municipal election.
FOR IMMEDIATE RELEASE
03 March 2025
OTTAWA - Osgoode Ward Councillor George Darouze was elected as MPP for the riding of Carleton last Thursday, leaving his council seat vacant. Horizon Ottawa is calling on Mayor Sutcliffe and Ottawa City Council to call a by-election at the special meeting expected for this Wednesday to allow Osgoode Ward residents to democratically elect a new councillor.
In 2006, former Councillor for Orléans Bob Monette won a by-election with only 10 months until the next municipal election, but in November of 2021, council opted to appoint Cathy Curry to the vacant Kanata North seat less than two months after Jenna Sudds won her federal race. They chose not to hold an election because the 2022 election was only a year away, a by-election would cost too much to be deemed worth holding, and the ward would be without a councillor during the 2022 budget discussions.
Horizon Ottawa says the excuses from 2021 don’t hold up in the current context. This time, there is more than a year and a half before the next municipal election in October of 2026. This leaves plenty of time to elect a new councillor who can represent the interests of Osgoode residents in next year’s budget decisions, double the time that was needed in 2006 and six months more than in 2021.
Council’s main reason for appointing a councillor for Kanata North instead of holding a by-election in 2021 was the cost, but Horizon Ottawa says this is not a valid excuse. Appointing a councillor was the wrong call last time around, and it shouldn’t happen again, said Tom Ledgley, Coordinator for Horizon Ottawa. “Mayor Sutcliffe must call a by-election for Osgoode Ward and allow residents to choose who represents them.”
Some councillors who supported an appointment in 2021 wanted assurances that the selected person would be “non-partisan” and not run in the 2022 election with an undeserved incumbent advantage. They were right to have these concerns – Cathy Curry was re-elected in 2022 and Horizon Ottawa has observed that she is one of the most conservative members of council.
The Municipal Act says cities may not hold by-elections after March 31st of a regular election year, which is still 13 months away. The Mayor and Council technically have the power to appoint a replacement for George Darouze, but doing so constitutes a dereliction of duty and would show residents that democracy is not a priority.
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For Media Inquiries:
Tom Ledgley
[email protected]
613-663-7018
