City of Ottawa staff say work continues on developing a “bubble zone” bylaw that prohibits protests in certain areas, such as near schools or places of worship, despite new federal anti-hate legislation. In a memo to city council on Monday, General Manager of Emergency and Protective Services Ryan Perrault said that while there is some overlap between Bill C-9, the Combatting Hate Act, and the city’s proposed Vulnerable Social Infrastructure Bylaw, the federal legislation doesn’t cover everything. “Staff have completed a preliminary legal and policy review of the Bill and confirm that development of a municipal vulnerable social infrastructure (VSI) by-law is still feasible and can proceed as directed by Council,” Perrault wrote. “However, to avoid duplication and ensure legal alignment, the scope of the municipal bylaw’s would focus on complementing the proposed federal amendments to support safe access to vulnerable infrastructure. In particular, staff will explore and develop regulations that are time and location-based, that remain outside the scope of federal criminal law.” Bill C-9 will create criminal offences for intimidation and obstruction that prevent access to places of worship, schools, cultural centres, and other places primarily used by “identifiable groups” and create an offence for the public display of hate symbols, such as the Nazi swastika, also known as the Hakenkreuz. Perrault says the bill does not address municipal authority over roads, sidewalks and public spaces, the need for local enforcement, the timing of demonstrations, or local community consultation. The review of the bylaw will consider regulations complementary to Bill C-9 to address non-criminal behaviour that may impede safe access to vulnerable social infrastructure, including establishing a defined distance around designated infrastructure, with a focus on areas like the sidewalk and roadway. Regulations will not focus on behaviour such as intimidation, which is covered by Bill C-9. The “bubble zone” distance will continue to be assessed based on operational needs and legal considerations including issues under the Charter of Rights and Freedoms. Council directed staff to develop the bylaw with a bubble of up to 80 metres around protected areas. City Council voted at the end of May to direct staff to develop the “bubble zone” bylaw within nine months. Perrault says stuff must still complete public consultations, finalize the draft bylaw, prepare an implementation plan with Ottawa police, and report back to the Emergency Preparedness and Protective Services Committee. Mayor Mark Sutcliffe has said the prospect of a bubble zone bylaw responds to the legitimate concerns and worries of many Ottawa residents. Opponents, including union members and some city councillors, say the bylaw would stifle dissent and clamp down on peaceful demonstration. Perrault says the right to lawful protest will remain a key factor for consideration.
