A group of lawyers has filed a legal challenge against a newly adopted City of Montreal bylaw that prohibits people from insulting police officers and municipal employees. The lawyers argue in a court filing that the bylaw violates people’s fundamental rights to freedom of expression and that the hefty fines that come with it infringe on the right to protection against cruel and unusual punishment. The bylaw was adopted by Montreal city council on Sept. 21. It bans insults, harassment, threats, abuse and intimidation, as well as offensive and aggressive behaviour. Violators can face fines of between $300 and $1,000 for a first offence, with subsequent offences carrying fines of up to $2,000. The legal challenge was filed in Superior Court on Tuesday by the Saint-Michel Legal Clinic (CJSM) and the Association des juristes progressistes (AJP). In it, they argue that the Supreme Court of Canada has already ruled that expressions that could be characterized as “abusive, insulting, offensive, aggressive, provocative, or even humiliating are protected by freedom of expression.” The two groups argue that the anti-insult bylaw is unconstitutional and it is not “justifiable in a free and democratic society.” They filed an application to ask a judge to declare the bylaw invalid and to immediately stay the application of the regulation until a judgment is rendered, arguing in the court filing that a denial of the request for a stay “would result in serious or irreparable harm.” Montreal mayor responds The City of Montreal told CTV News it would not comment on the legal challenge since it is currently before the court. During an interview with CJAD 800 Radio on Thursday, Montreal Mayor Soraya Martinez Ferrada was asked to comment on the court challenge. She said, as an employer, she needs to ensure that all of her employees are protected. “I understand the concerns in the space where we need to build the trust between the citizens and the police in the way that they are being addressed in both ways, right?” she said. “Now, we need to make sure that the bylaw that we adopted is done in a way that is respectful and people understand it.” Bylaw could stifle political speech, lawyers argue According to the 27-page application, Montreal’s bylaw effectively prohibits political speech, including statements used to denounce racial profiling. The plaintiffs give the example of the expressions some activists use at the anti-police brutality protests held each year in Montreal — such as “ACAB,” “1312,” and “Fuck the police” — which could be deemed offensive to the police. “By having the effect of prohibiting any insulting, abusive, offensive, humiliating, or aggressive speech or behaviour, the bylaw infringes upon freedom of expression in a manner that is discriminatory with respect to the political convictions of certain individuals, including those who, as part of social movements fighting against police brutality and repression as well as against racial and social profiling by the police, use expressions such as those cited above,” the court filing alleges. “These fines are, in fact, grossly disproportionate to the prohibited acts and have disproportionate financial consequences for a significant number of the people who will receive them, including those experiencing homelessness.” When the bylaw was before city councillors earlier this month, the debate lasted over half an hour, with the official opposition at City Hall calling the regulation “half-baked.” It was passed by a vote of 35-25. The plaintiffs allege it was passed without public consultation and with language that is “too broad and vague” to justify restricting people’s fundamental freedoms. Additionally, they allege that the anti-insult bylaw will make conflicts involving police worse. ‘City should seek to rebuild that trust’: lawyer “The courts have recognized that granting overly broad powers—such as random traffic stops and police stops—leads to abuse and racial profiling. This bylaw follows the same pattern,” said Fernando Belton, executive director of the CJSM, in a press release on Wednesday. “At a time when trust in the police is shaken, the city should seek to rebuild that trust rather than grant even more powers to law enforcement, when all evidence indicates that this will lead to abuses and overreach, particularly against racialized and marginalized people.” During the debate of the bylaw, opposition councillor Martine Musau Muele said that council was asked to vote on the rule without adequate information. She said the documents councillors received did not provide statistics and reports to support the need for the bylaw. Meanwhile, Montreal Mayor Soraya Martinez Ferrada defended the new rule at the time, insisting that her administration “needed to act,” adding that instances of inappropriate behaviour have increased dramatically and made it more difficult to recruit new employees. “We are simply saying that there is a line between challenging an institution and engaging in behaviour that is inappropriate toward the people who work for it,” said the mayor. “The thousands of women and men who work every day to serve Montreal have the right to protection from their employer, which is us.” With files from The Canadian Press
