The following recommendations were submitted to the Government of Ontario on October 31 in regards to Proposal Number: 26-SOLGEN020. The Province was seeking feedback on potential measures that would, in their words, "support public safety and promote economic development by facilitating barrier-free access to key economic and community infrastructure." SPT outlined concerns about how this would limit Charter Rights and Freedoms. For more on anti-protest legislation, see work being done by Canadian Civil Liberties Association, as well as our 2025 blog post on Toronto's Bubble Zone Bylaw.
The Government of Ontario is proposing potential measures in the name of supporting public safety and facilitating barrier-free access to key economic and community infrastructure. We appreciate the opportunity to comment on the proposal. These new, proposed measures are not needed and instead will cause further harm to Ontarians. Many of the liberties, freedoms, social gains and community safety measures to which Canadian residents are entitled, and that make Canada the well-respected democratic nation it is, were achieved through protest, picketing and other demonstrations.
The economic development goals outlined in the proposal must be balanced to ensure positive impacts for all Ontarians and should not override the Canadian Charter of Rights and Freedoms (in this case, freedom of opinion and expression, freedom of peaceful assembly, and freedom of association). Further, there is no evidence that peaceful demonstrations in Ontario have a sustained effect on economic development, nor that additional measures are necessary. There may be demonstrations that frequently take place on streets, sidewalks, bridges and other public spaces because these are important locations for political participation and collective expression. This is often the very nature of public demonstrations. Members of the public, including unions, have often picketed private businesses or organized boycotts to protest labour abuses, discriminatory hiring practices, and other human rights violations. Temporary disruptions, delays or nuisances may cause inconvenience without necessarily posing a danger to public safety, and thus do not justify broad-scale and disproportionate limitations on the fundamental freedoms and Charter-protected rights of expression, peaceful assembly, and association.
There are already a number of existing laws and police powers that keep people safe, and there is no evidence to show that additional measures are necessary. Increasing police authority and introducing new measures to limit freedom of expression is not only a violation of Ontarians’ rights; it is a squandering of limited resources. The increased police powers proposed in these measures will come at a significant cost to taxpayers; public money that could be better spent meaningfully invested in our communities.
Below, we have made specific recommendations in response to the questions asked in the proposal.
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The Province of Ontario should not introduce a new, broadly applicable prohibition related to intentional roadway obstruction or near religious, cultural, and community institutions.
Freedoms of expression, peaceful assembly and association are fundamental democratic rights protected by Section 2(b), (c), and (d) of the Canadian Charter of Rights and Freedoms. All residents must have equal access to government resources, infrastructure, and services, equal rights to use of public spaces, and equal access to civic activities and decision-making processes, including those protected under our Charter of Rights and Freedoms. Public spaces, including roadways, sidewalks, and bridges, are important locations for political participation and collective expression. Protest locations may be intended to bring attention to specific issues or draw in a wide audience. Broadly applicable prohibitions should not be expanded to cover community infrastructure and institutions. Given the number and geographic distribution of such infrastructure across Ontario municipalities, buffer zones around these places could reduce the availability of public space for demonstrations, particularly in dense urban areas. In Toronto, there are over 750 schools and academic institutions and over 1400 places of worship across the city. Limiting protest locations will diminish their effectiveness, and ultimately infringe on freedom of expression. -
The Province of Ontario should not expand police authorities to restrict demonstrations on roadways and near religious, cultural, and community institutions.
The Provincial government has not demonstrated that existing police authorities are insufficient. Police already exercise significant authority in managing public safety and demonstrations. The Criminal Code already contains provisions addressing threats, criminal harassment, intimidation, mischief and certain interference with religious worship and access to healthcare facilities. Additional or new police powers are not justified just because a demonstration may cause discomfort or disruption.
Many communities already experience disproportionate police surveillance and enforcement, which may be exacerbated by expanded discretionary powers. Namely, these proposed measures risk targeting marginalized communities whose rights and freedoms may already be under threat. A study from The Ontario Human Rights Commission found that racial profiling disproportionately impacts Black, Indigenous, Arab, and West Asian communities. The proposed legislative changes are broad and lack clarity on which issues are being protested and which communities will be impacted.
Everyone should be able to safely access places of worship, schools, community centres, and other public facilities, but broad-scale restrictions should not come at the expense of fundamental freedoms of expression, peaceful assembly and association guaranteed by the Canadian Charter of Rights and Freedoms. Members of these cultural institutions may themselves wish to protest decisions made by their leadership, and should have the right to do so. Any public safety measures that are considered must be targeted and specific to ensure it is having the safety-related outcomes that are intended, and not leading to unintended consequences that impact Ontarians’ fundamental freedoms. -
The Province of Ontario should not create a new provincial offence for failing to comply with police directions, intimidation or obstruction of access. The Province has not demonstrated why existing police powers are insufficient, nor considered the risks of expanding enforcement and the consequences of exercising the right to protest.
The proposed legislation threatens to discourage participation in peaceful demonstrations, particularly among individuals and organizations without the financial resources to challenge tickets, fines, and legal or enforcement proceedings. Individuals are at risk for being penalized for peaceful activities that are perceived as threatening or disruptive rather than for conduct that actually causes endangerment. -
The Province of Ontario should not introduce new identification requirements for participants involved in demonstrations in roadways or near religious, cultural and community institutions.
This proposal raises troubling concerns about privacy, surveillance, and again, racial profiling. No Canadian resident should be required to identify themselves for participating in a demonstration that police or some members of the community consider to be disruptive, with no standards, definitions, or consistencies on what is meant by “disruptive” or “dangerous.” These proposed measures are predicated on ambiguities which lend themself to police overreach and further erosion of Charter rights and Freedoms. Individuals should not be faced with fines or prosecution based on broad and poorly defined standards that depend on subjective assessments of what is perceived as disruptive. Further, there is a lack of clarity about how the collected identification information will be used and how it may be used by authorities in the future. -
The Province of Ontario should not introduce new arrest powers for failure to provide identifying information for the purpose of issuing a provincial offence notice for roadway obstruction or participating in demonstrations near religious, cultural and community institutions.
For the reasons listed above under recommendations 3 and 4, this proposed policy is based on unclear, much too broad criteria, and will lead to increased surveillance, racial profiling, other forms of discrimination, and police overreach. It will disproportionately impact those who do not have the financial means to legally fight such a charge, all the while, with no evidence to show these measures are necessary or will have a positive impact on the economic outcomes for all Ontarians. This may very well have negative economic outcomes for Ontarians who are currently struggling the most. The proposed measures will have a chilling effect on all demonstrations, and will particularly affect those protesting for economic or racial justice. This proposal will interfere with our Charter of Rights and Freedoms, which will ultimately undermine the safety of all Ontarians. -
The Province of Ontario should uphold and protect the fundamental freedoms of expression, peaceful assembly, and association guaranteed by the Canadian Charter of Rights and Freedoms.
Proponents advocating for limitations to Charter-protected rights and freedoms have made comparisons to ‘safe access zones’ around facilities providing abortion services. Such laws were created to protect people seeking specific services (reproductive healthcare) from being harassed. In contrast, these proposed measures in question are too broad in scope; there are simply too many ways they could be interpreted, leading to widespread limits on democracy.
Given what is happening in the U.S., we must consider worst-case scenarios. Now is the time for everyone in this province and country to protect our fundamental freedoms and resist the erosion of our democratic rights.
About Social Planning Toronto
Social Planning Toronto is a nonprofit community organization dedicated to community development and social justice. Our organization conducts social research, policy analysis, community capacity building, and resident engagement to reduce inequities. We strive for an equitable, inclusive, and accessible Toronto—shaped by the diversity of its residents and rooted in social and economic justice.