City of Ottawa bylaw faces legal warning and potential court challenge

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Ottawa City Hall, Ottawa (Courtesy of Iryna)
Ottawa City Hall, Ottawa (Courtesy of Iryna)

City of Ottawa bylaw faces legal warning and potential court challenge

Ottawa City Hall, Ottawa (Courtesy of Iryna)
Ottawa City Hall, Ottawa (Courtesy of Iryna)

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OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre have issued a legal warning letter to Ottawa City Council regarding a proposed bylaw that could significantly restrict freedom of expression and peaceful assembly in the nation’s capital.

Ottawa City Council is considering the “Safe Access to Social Infrastructure Bylaw,” which would allow institutions such as places of worship, schools, childcare centres, healthcare facilities, and residential care homes to request the creation of “safe access zones” extending 50 metres around each access point.

To establish a zone, an institution need only submit an application along with an attestation of a “reasonable apprehension” that certain conduct may interfere with access, after which the general manager is required to approve the request without further vetting. These zones would remain in place for one year and could be renewed indefinitely.

The safety zones not only ban what is deemed obstructive or intimidating behaviour, but also peaceful demonstrations and broadly defined forms of noise, including “bass noise,” “unusual noise,” or any noise likely to disturb those inside the facility.

Lawyers funded by the Justice Centre warn that the bylaw is overly broad and lacks meaningful safeguards, effectively enabling the creation of protest-free zones in public spaces.

Constitutional lawyer Hatim Kheir said, “The proposed bylaw is overly broad and effectively creates protest-free zones, infringing on the fundamental freedoms of expression and peaceful assembly. It is unnecessary, as existing criminal laws already prohibit obstruction of property.”

Ottawa City Council is being urged to reject the bylaw in its current form.

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