A proposed bylaw at Ottawa is facing a legal warning and potential court challenge, with constitutional lawyers arguing it could restrict freedom of expression and peaceful assembly in the nation’s capital.The Justice Centre for Constitutional Freedoms says lawyers it funds have sent a warning letter to city council over the “Safe Access to Social Infrastructure Bylaw,” which would allow institutions to request “safe access zones” extending 50 metres around entrances.Under the proposal, places such as schools, places of worship, childcare centres and healthcare facilities could apply for a zone by attesting to a “reasonable apprehension” that certain conduct may interfere with access. Once submitted, the city’s general manager would be required to approve the request without further vetting. The zones would remain in place for one year and could be renewed indefinitely.The bylaw would prohibit not only obstructive or intimidating behaviour, but also peaceful protests and a wide range of noise, including what it defines as “bass noise,” “unusual noise,” or any sound likely to disturb those inside a facility..Lawyers with the Justice Centre argue the rules are overly broad and lack meaningful safeguards, effectively allowing for the creation of protest-free zones in public spaces.Constitutional lawyer Hatim Kheir said the bylaw infringes on fundamental freedoms and duplicates existing laws.“The proposed bylaw is overly broad and effectively creates protest-free zones, infringing on the fundamental freedoms of expression and peaceful assembly,” Kheir said. “It is unnecessary, as existing criminal laws already prohibit obstruction of property.”City council is being urged to reject the bylaw in its current form, with the Justice Centre signalling the issue could ultimately be decided in court if it proceeds.
