City of Ottawa committee votes to draft ‘bubble zone’ bylaw for protests and demonstrations

Ottawa City Hall (CTV News Ottawa)

A City of Ottawa committee is directing staff to proceed with drafting a “bubble bylaw” that would prohibit protests and demonstrations near “vulnerable social infrastructure,” including places of worship, schools and hospitals.

After hearing from more than 40 public delegations in support and opposed to a proposed bylaw, councillors on the emergency preparedness and protective services committee and public works and infrastructure committee voted 14-2 in favour of proceeding with the development of a “Vulnerable Infrastructure Bylaw.”

The motion, introduced by coun. David Hill, with amendments from coun Allan Hubley, directs staff to develop a so-called “bubble bylaw” within a nine-month timeline, incorporating the following considerations:

• Prohibition of demonstrations near vulnerable social infrastructure: “The bylaw shall prohibit demonstrations within a defined distance of vulnerable social infrastructure,” the motion states. Places may include, but not limited to, places of worship, schools, hospitals, and long-term care and congregate care facilities.
• Time-limited protective zones: The motion recommends staff establish “time-limited protective zones that are only active during operational hours or specific high-risk periods.” The motion adds the proposed bylaw, “shall be narrowly tailed to minimize any infringement on Charter-protected rights and freedoms.”
• Protective distance: The motion directs staff to assess and recommend “an appropriate protective distance of up to 80 metres around vulnerable social infrastructure.” It also proposes considering “other means of protecting safe access” such as allowing staff or other officials to erect barricades or close highways.
• Targeted application: The motion recommends including provisions in the bylaw to ensure “protective zones do not apply to demonstrations that are not specifically directed at the protected vulnerable social infrastructure.”
• Labour/internal exemption: The motion recommends the bylaw “explicitly exempts lawful labour union protests, strikes, pickets, or any other activities undertaken as part of a labour dispute or negotiation.”
• Scope of government-owned infrastructure: The motion recommends the bylaw exclude embassies, Ottawa City Hall and Parliament of Canada buildings. “The bylaw shall apply to government-owned property only where the primary function of the building or facility is to provide medical care, education, or long-term care or congregate care services,” the motion said.
• Offences and penalties: Staff are directed to include “appropriate offences and penalties” in the draft bylaw.

The motion says if the Ontario or federal government enacts legislation pertaining to vulnerable infrastructure, the city will report back with an analysis for legislation.

Hill’s original motion directed staff to develop a bylaw that would prohibit “specified nuisance demonstrations” near places of worship, schools and hospitals. Hubley’s motion removed reference to the word nuisance.

• Mayor seeks to implement ‘bubble zone’ bylaw despite concerns over legal challenges

Mayor Mark Sutcliffe expressed support for the “bubble bylaw” earlier this week, saying he had been consulting with community representatives on how to implement a bylaw that would protect vulnerable spaces from harassment and intimidation.

“The message I’ve heard is that we need to take a very careful, balanced, and strategic approach to this issue. The community expects us to defend the right to protest while protecting vulnerable institutions and individuals from threats and intimidation,” Sutcliffe said.

In a post on social media after the committee approved drafting a “bubble zone” bylaw, Sutcliffe thanked community leaders who provided input and advice to the committee.

“I’m pleased to see a strong vote of support from members of the committee for proceeding with a balanced approach that will respect and protect the right to demonstrate and protest while ensuring that residents have access to important spaces such as schools, hospitals and places of worship,” Sutcliffe said. “Thanks to all the councillors who collaborated on a solution that achieved a wide consensus.”

Earlier this year, staff recommended council take a “cautious approach” to drafting a bylaw and proposed a comprehensive review of a bylaw before moving forward. Staff also warned any bubble zone bylaw would be at risk of legal challenges.

Vaughan’s bubble bylaw restricts demonstrations within 100 metres or a “reasonable distance” from a religious institution, school childcare centre, hospital or congregate care facility.” Protesters who violate the bylaw face fines of up to $100,000.

Council must still approve the motion to direct staff to develop a bylaw for Ottawa.

With files from CTV News Ottawa’s William Eltherington