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Barrhaven West Coun. David Hill answers some questions he has heard about the proposed protest bylaw.
By Councillor David Hill. Originally published in the Ottawa Citizen
This week, Ottawa Council will debate a motion presented by my colleagues Coun. Allan Hubley and Mayor Mark Sutcliffe to begin the process of creating a “bubble zone” bylaw to protect vulnerable social infrastructure during protests and demonstrations. I think it’s a good motion, and I’m proud to have worked with them on it.
I’ve seen a lot of questions about what the motion will exactly do, and I want to answer the most common questions I’ve seen, first among them being: If passed Wednesday, will this motion introduce a new bylaw by Thursday?
To be very clear, the answer is no. This motion is the first of many steps in designing a bubble zone bylaw. If passed by council, Wednesday’s motion will task staff with reviewing how other municipalities have designed similar legislation, and ask staff to provide their own recommendations on whether such a law is constitutional, implementable or even needed. This motion will not be the final decision on a “vulnerable social infrastructure” bylaw, but the first part of a longer conversation that will include a report brought to committee for a vote in the new year.
The next question I’ve seen is: What the heck is vulnerable social infrastructure and why are we considering protections for buildings?
The title “Vulnerable Social Infrastructure” comes from the City of Vaughan, which created the term to describe the specific locations that receive protection from hateful demonstrations or protests under their bylaw. The Vaughan bylaw is a type of “bubble zone” bylaw that requires protesters to put some distance between themselves and the protected infrastructure. In Vaughan, that is 100 metres, and we’re asking staff to consider something similar here.
What makes a building vulnerable social infrastructure? It comes down to the people, not the brick and mortar. By using this language, we are referring to community buildings that vulnerable groups attend. These are places of worship, childcare facilities and schools, hospitals, old age homes and community centres. If implemented next year, a vulnerable social infrastructure bylaw would not limit demonstrations at city hall or Parliament Hill, or on city streets, in city parks or outside of other government buildings.
We have also asked staff to ensure that the draft they present to committee not restrict in anyway strikes or similar actions by labour groups.
A vulnerable social infrastructure bylaw, if implemented, will not impact protests against any level of government, corporations or other decision makers. Please, come and protest our decisions at city hall. We asked for this responsibility; we deserve to feel the pressure when you disagree with our decisions. The family attempting to go to a synagogue or mosque, does not.
Another common question I’ve seen is: Why is a bylaw necessary? Over the last several years, we have seen a concerning rise of protests directed at community members. In 2017, the worshippers at a mosque in downtown Toronto had to push through an angry crowd advocating for banning Islam. Last year, at three Nepean high schools, students had to wade through protesters and counter protesters just to get to class. Five people were arrested as the demonstrations turned ugly, mere metres away from where students were trying to learn. This fall, a protest was held outside the Jewish Community Centre in Ottawa, where members had to navigate through demonstrators and some had diapers thrown at them.
Our goal with this motion, and the legislation we hope to create next year after further discussion at council, is not to limit debate. If a vulnerable social infrastructure bylaw is introduced, protesters will still be able to demonstrate their displeasure against a church, or a school or a hospital. The only change under such a bylaw would be now they have to do so 100 metres from that building’s doors.
Those 100 metres may seem small, but they provide the necessary distance to prevent bad actors from harassing people just trying to get through their day-to-day lives free of intimidation.