Canadian Constitution Foundation (CCF) Litigation Director Christine Van Geyn said politicians have gone too far with enacting bubble zones to prevent protests from happening in certain areas.As more spaces come under bubbles preventing speech and protests, Van Geyn said cities “are moving closer to becoming one giant bubble, where expression of dissent or discord is only permitted in small special little protest zone envelopes.” “I think criminal activity and harassment if it’s taking place, it can be dealt with using existing law,” said Van Geyn in a video. “But the rationale the court used to uphold the abortion bubble zones in the Lewis case doesn’t apply to these recent expansions that began in 2020.” .The Alberta government passed the Critical Infrastructure Defence Act in 2020 to ban blockades and willfully entering infrastructure without lawful right, justification, or excuse. While blockades are banned under existing law, she said banning willful entry on essential infrastructure goes too far by stopping protests where they should be protected. Calgary city council passed the safe and inclusive access bylaw in 2023 to ban specified protests within 100 metres of libraries and community centres. She said the safe and inclusive access bylaw is egregious because it bans protests based on their subject matter. While provinces and cities are enacting bubble zones, she pointed out the Canadian government has joined in by passing Bill C-3 in 2021 to ban protests obstructing hospitals and healthcare facilities. She said this is redundant because blockades can be dealt with using existing laws. Liberal MP Marco Mendicino (Eglinton-Lawrence, ON) said on July 18 the Canadian government should establish protective zones around the offices for MPs. If people disapprove of their MPs, she said they could go to jail if his proposal becomes law. In the new bubble zone laws, she said they are subject to vitrolic speech. However, she confirmed vitrolic speech is protected under the Canadian Charter of Rights and Freedoms. While courts have upheld abortion bubble zones, Van Geyn said the newer laws are different. When it comes to the safe and inclusive access bylaw, she said libraries and community centres are used for political debates unlike abortion clinics. She called banning a protest outside a political debate “fundamentally undemocratic.” She said the safe and inclusive access bylaw silences debate in the town square. If the concern is protests might block people from entering libraries, she said that is redundant. This is because existing laws prevent criminal harassment and intimidation, and injunctions can be used where certain places are being threatened. She said protesting politicians is part of how democracy works. It is often marginalized people protesting powerful groups such as politicians who have their voices heard. Although Mendicino wants to ban protests outside MPs’ offices, Van Geyn said it will shield them from viewpoints they should be exposed to. She added it is undemocratic, unconstitutional, and dangerous. “Stop with the bubble zones,” she said.The CCF filed a notice of application for judicial review challenging Calgary's safe and inclusive access bylaw in 2023. READ MORE: CCF pursues legal challenge to Calgary bylaw banning protests“The Calgary protest ban bylaw violates core democratic rights to freedom of expression, association and assembly guaranteed by the Charter,” said Van Geyn. “The protest ban bylaw is not content neutral.”
Canadian Constitution Foundation (CCF) Litigation Director Christine Van Geyn said politicians have gone too far with enacting bubble zones to prevent protests from happening in certain areas.As more spaces come under bubbles preventing speech and protests, Van Geyn said cities “are moving closer to becoming one giant bubble, where expression of dissent or discord is only permitted in small special little protest zone envelopes.” “I think criminal activity and harassment if it’s taking place, it can be dealt with using existing law,” said Van Geyn in a video. “But the rationale the court used to uphold the abortion bubble zones in the Lewis case doesn’t apply to these recent expansions that began in 2020.” .The Alberta government passed the Critical Infrastructure Defence Act in 2020 to ban blockades and willfully entering infrastructure without lawful right, justification, or excuse. While blockades are banned under existing law, she said banning willful entry on essential infrastructure goes too far by stopping protests where they should be protected. Calgary city council passed the safe and inclusive access bylaw in 2023 to ban specified protests within 100 metres of libraries and community centres. She said the safe and inclusive access bylaw is egregious because it bans protests based on their subject matter. While provinces and cities are enacting bubble zones, she pointed out the Canadian government has joined in by passing Bill C-3 in 2021 to ban protests obstructing hospitals and healthcare facilities. She said this is redundant because blockades can be dealt with using existing laws. Liberal MP Marco Mendicino (Eglinton-Lawrence, ON) said on July 18 the Canadian government should establish protective zones around the offices for MPs. If people disapprove of their MPs, she said they could go to jail if his proposal becomes law. In the new bubble zone laws, she said they are subject to vitrolic speech. However, she confirmed vitrolic speech is protected under the Canadian Charter of Rights and Freedoms. While courts have upheld abortion bubble zones, Van Geyn said the newer laws are different. When it comes to the safe and inclusive access bylaw, she said libraries and community centres are used for political debates unlike abortion clinics. She called banning a protest outside a political debate “fundamentally undemocratic.” She said the safe and inclusive access bylaw silences debate in the town square. If the concern is protests might block people from entering libraries, she said that is redundant. This is because existing laws prevent criminal harassment and intimidation, and injunctions can be used where certain places are being threatened. She said protesting politicians is part of how democracy works. It is often marginalized people protesting powerful groups such as politicians who have their voices heard. Although Mendicino wants to ban protests outside MPs’ offices, Van Geyn said it will shield them from viewpoints they should be exposed to. She added it is undemocratic, unconstitutional, and dangerous. “Stop with the bubble zones,” she said.The CCF filed a notice of application for judicial review challenging Calgary's safe and inclusive access bylaw in 2023. READ MORE: CCF pursues legal challenge to Calgary bylaw banning protests“The Calgary protest ban bylaw violates core democratic rights to freedom of expression, association and assembly guaranteed by the Charter,” said Van Geyn. “The protest ban bylaw is not content neutral.”
