Edmonton adopted sweeping restrictions on protests and public gatherings
On February 25, 2025, Edmonton City Council approved a new Public Spaces Bylaw governing protests, demonstrations, and other public gatherings. The bylaw took effect on May 12, 2025.
Before Council voted on the bylaw, lawyers funded by the Justice Centre warned that several of its provisions violated the Charter and fundamental constitutional principles.
The warning letter stated, “…the Bylaw is not merely legally suspect – it is anathema to Canada’s constitutional order. It violates key constitutional principles including: the rule of law; federalism; democracy; and the fundamental freedoms guaranteed to Canadians under the Canadian Charter of Rights and Freedoms.”
Lawyers argued the bylaw restricted freedom of expression and peaceful assembly
The bylaw, officially titled Public Spaces Bylaw 20700, required permits for gatherings of more than 100 people, whether planned or spontaneous, and imposed broad restrictions on protests and public assemblies.
The legal letter argued that these restrictions exceeded constitutional limits and unjustifiably infringed freedom of expression and peaceful assembly.
“While some kind of requirement may be reasonable in a situation like a march on roadways to disrupt traffic, it is clearly unreasonable to infringe constitutional rights with respect to almost every gathering, almost everywhere, at any time,” stated constitutional lawyer Glenn Blackett.
Warning letter challenged broad discretionary powers
The warning letter also argued that the bylaw granted the City Manager sweeping discretion to approve permits and impose conditions without meaningful legal limits.
“The result of this is that the bylaw ends up not being ‘the rule of law,’ but instead becomes ‘the rule of the City Manager,’” continued Mr. Blackett.
The letter warned that permits could effectively be cancelled at any time, creating uncertainty for organizers and participants and producing what it described as “an impermissible ‘chilling effect’ on the robust exercise of constitutional freedoms.”
Lawyers warned the bylaw threatened open public debate
The legal letter also challenged provisions prohibiting “harassment” and “inappropriate behaviour,” arguing that the definitions were so broad they could capture speech that merely caused someone to feel “troubled,” “worried,” or unwelcome.
Mr. Blackett remarked, “This strikes at the heart of democratic, social and scientific dissent. A free society depends on the ability to express things that will most certainly cause feelings of worry or trouble. That’s the nature of meaningful civic dialogue. The City seems to be trying to turn the whole City into a ‘safe space.’ That’s folly. There is no freedom or democracy in a ‘safe space’.”
The letter also criticized supporting materials accompanying the bylaw, arguing they encouraged discriminatory enforcement based on factors such as race, income, and other personal characteristics.
“To know how the bylaw applies to them, it seems citizens will literally need to consider their own skin colour, sexuality, religion, and income. That’s not only un-Canadian, it’s a violation of the rule of law: we should know what the law is by reading it – not by reading it, taking a genealogy test, and then thinking through a bunch of ideological gobbledygook,” stated Mr. Blackett.
Mr. Blackett concluded, “The Mayor and Council need to remember that we live in a liberal democracy. As laudable as it is to be compassionate for marginalized communities, there is no compassion in undermining freedom.”
Matter concluded
Lawyers funded by the Justice Centre asked Edmonton City Council to reconsider the bylaw in light of the constitutional concerns identified in the warning letter.
The matter is now closed.
