‘It’s just horrible’: Winnipeg’s proposed protesting bylaw sparks concerns about rights being violated

A motion at city hall to crack down on what it calls 'nuisance demonstrations' is facing backlash from several community groups. Daniel Halmarson explains.

As the mayor’s inner circle gets set to review a proposed bylaw that would crack down on “disruptive protests,” some advocates fear the change would infringe on people’s charter rights.

The Safe Access to Vulnerable Infrastructure Bylaw would set a 100-metre boundary for where protests can be held. It also aims to prevent people from intimidating others, obstructing people or vehicles from getting places, and using microphones or amplifiers without a permit.

People who break the bylaw could also face fines of up to $5,000 depending on previous offences.

“It’s clear that this draft bylaw raises a lot of concerns. On its face, it directly infringes freedom of expression and freedom of peaceful assembly, two rights that are protected by the Canadian Charter of Rights and Freedoms,” said Anais Bussieres McNicoll, the director of the fundamental freedoms program at the Canadian Civil Liberties Association.

Bussieres McNicoll said there is no room for violence or threats in society, but noted police already have the ability to intervene if something were to get out of hand.

She feels the bylaw won’t increase their ability to protect public safety.

“It’s extremely broad in its scope,” she said. “It creates very broad bubble zones on sidewalks and public streets near hundreds, if not thousands, of community gathering spaces in Winnipeg. Within these zones, speech that expresses objection or disapproval towards an idea, action, person, or group based on any specified characteristics will be prohibited.

“This bylaw is not about protecting public safety because it wrongly presumes that disruptive or unpopular expression near certain community gathering spaces is something that we should get rid of.”

When grassroots organizer Kakeka ThunderSky first heard of the proposed bylaw, she said she was disappointed by the decision.

“I do believe in direct action being an effective tool in standing up for justice and for what’s wrong, and to just see that at risk and under attack is very frustrating,” said ThunderSky.

She is concerned this bylaw would take people’s voices away and would prevent people from enacting change through protests.

“(It’s) a fundamental piece of our democracy, ensuring that all of our voices are heard and all of those impacted are heard…so just seeing that they are trying to take this away from us is, it’s just horrible.”

Speaking about the bylaw earlier this week, Mayor Scott Gillingham said he doesn’t think it would infringe on people’s rights, noting it has been reviewed by the city’s legal team.

“There’s a way for all of us, I think, to kind of coexist, allowing people to maintain their right to rally and protest, but at the same time, I think it’s very reasonable that you shouldn’t be subjected to anything that people may feel would be intimidating when they’re trying to access the place they’re going to,” Gillingham said on Tuesday.

The bylaw report also notes that other cities across Canada, including Calgary and Toronto, already have similar bylaws in place.

However, Bussieres McNicoll said these are being challenged before the courts right now.

She and ThunderSky are both calling on council to reconsider the bylaw.

“Protecting public safety is definitely something that is very important, but protections already exist now. They need to be properly enforced,” Bussieres McNicoll said. “The whole point of a protest is to draw attention to a message in the hope of changing the status quo. So it is not up to the state to decide where protesters can express themselves peacefully, on their public civic space.”

The executive policy committee is set to review the proposed bylaw on Feb. 17. It would then be discussed at city council on Feb. 26.