The Carney government’s proposed Combatting Hate Act makes one thing crystal clear: only the federal government has the constitutional authority to legislate around speech and protest. That’s why it’s so alarming that Ottawa City Council is plowing ahead with its own Vulnerable Social Infrastructure (“Bubble”) By-law. This is an encroachment on federal jurisdiction and puts the City at enormous legal risk.
Municipalities do not have the power to create sweeping limits on Charter-protected rights like freedom of expression and peaceful assembly. By attempting to do so, Ottawa is exposing itself to costly constitutional challenges that it is almost certain to lose. The Supreme Court has already made clear that restrictions on speech and protest must come from Parliament, not city councils.
While speaking about the tabling of this federal legislation on September 19th, Liberal MP Sean Fraser said they did not include “bubble zone” provisions in this law because “it is for municipalities to regulate what behaviour may take place near a specific building”. However, the proposed by-law in Ottawa would likely go far beyond what they actually have the power to do.
The City is effectively trying to use a by-law to carve out broad “no-protest zones” around community institutions, enforced through vague standards of “intimidation” or “obstruction.” This is a backdoor attempt to regulate speech locally, in direct conflict with constitutional jurisdiction.
It is also unnecessary. Municipalities and local police already have tools to protect vulnerable communities without trampling on free expression. Courts can and do grant targeted injunctions when protests cross the line into harassment such as the anti-LGBTQIA+ demonstrations in front of schools on Broadview Ave. Police can also enforce existing Criminal Code provisions on threats, mischief, and harassment. These tools are precise, legally sound, and respect the Charter.
Ottawa should not be gambling with people’s rights and public money by pushing through unconstitutional by-laws. If the federal government chooses to legislate in this space, that is their jurisdictional responsibility, and even then, those laws will have to survive Charter scrutiny.
We are still concerned about this federal legislation, especially as similar laws in the UK have led to the arrest of many pro-Palestinian protestors. This is also being proposed as the Trump administration is threatening crackdowns on free speech in the United States. Despite these objections, the federal government is, in fact, the place where this discussion should be had. The City’s role should be promoting human rights and safety through lawful, proportionate measures, not writing unconstitutional by-laws.
We call on Mayor Sutcliffe and Ottawa City Council to step back from this overreach and focus instead on proven, lawful approaches that protect communities without silencing dissent.
