TORONTO — Toronto City Council has approved a bylaw that will restrict protests around places of worship, day cares and schools.
Council passed the bylaw by a 16-9 margin May 22. But in what should have been a relatively simple vote, council took a full day to debate the motion as numerous councillors argued the bylaw is an infringement on free speech.
The bylaw comes on the heels of growing demonstrations that have targeted the city’s Jewish community since the start of Israel’s war on Hamas following the terrorist organization’s attack on Israel Oct. 7, 2023 which saw upwards of 1,200 civilians slain by the attackers and some 250 taken hostage, some of whom remain in captivity. Since then, there has been an unprecedented rise in anti-Semitic attacks and hate crimes against Jewish schools, synagogues, cultural centres and businesses, in Toronto and throughout the country.
A new report — the J7 Annual Report on Anti-Semitism — said that while Jews account for fewer than one per cent of the Canadian population, they are the victims of close to 70 per cent of religiously motivated hate crimes.
Under the bylaw, which comes into effect July 2, places of worship, schools and others can request that the city restrict protest within a 50-metre radius of their properties. Once it has a “bubble zone” designation, this will be in effect for a year. Originally, city staff had proposed a 20-metre buffer that would be put in place once the owner of the institution had proven it had been affected or targeted by a protest within the previous 90 days.
The 50-metre buffer is the same protection that for years has been given to abortuaries facing pro-life protests.
The day-long debate over the bylaw centred over limiting free speech and the right to protest. A number of councillors said the bylaw in no way impeded this. Councillor Dianne Saxe said protesting the conduct of foreign governments is legitimate if done in front of that nation’s official institutions and embassies.
“What is not legitimate is to use the excuse of a foreign war that Toronto Jews did not start, do not control and cannot stop to intimidate toddlers, school children (and) people going into a synagogue,” she said.
Councillor James Pasternak, in supporting the bylaw, emphasized the need to balance Charter rights.
“Everyone must be free of harassment, incitement and hate,” said Pasternak. “One must be able to access their place of worship, take their children to school or access cultural centres without being blocked by protesters. We need ‘bubble zone’ bylaws to ensure everyone has Charter rights.”
Councillors opposed to the bylaw included Gord Perks who claimed the only reason people have rights is due to those who protest.
“Every single right anyone in this chamber enjoys was won not by the Charter. It was won by protest,” he said.
Other critics pointed to powers the police already have under the Criminal Code to protect access to property.
The bylaw follows in the footsteps of neighbouring municipalities Brampton and Vaughan which last year implemented similar measures.
