The Black Action Defense Committee (BADC) has issued a strong statement regarding the City of Toronto’s proposed bylaw that would restrict protests near so-called “vulnerable institutions,” warning that it could undermine constitutionally protected rights under the Charter of Rights and Freedoms.

The proposed bylaw, currently in development, was directed by City Council at its December 17–18, 2024 meeting, following a motion by Mayor Olivia Chow. The motion includes a commitment to public consultation and the inclusion of a constitutional legal expert opinion on the Charter implications. The City aims to table the bylaw during the first quarter of 2025, with the stated goal of “keeping Torontonians safe from hate” while respecting Charter jurisprudence and the Ontario Human Rights Code.

As part of the public consultation process, the City partnered with NBAU to facilitate focus group-style discussions and collect community feedback through surveys. However, BADC says that this format failed to adequately capture or reflect the depth of their concerns.

“After discussions with NBAU, it was made clear to us that their process was more akin to a focus group,” said Kingsley P. Gilliam, BADC’s Director of Communications, Social Justice, and Social Services. “This format is inadequate for addressing a matter of this constitutional magnitude.”

BADC argues that the proposed bylaw threatens fundamental freedoms, including freedom of expression and peaceful assembly, which are already protected by the Canadian Charter. The organization also notes that adequate legal mechanisms already exist within the Criminal Code of Canada to address hate speech and threats to public order.

In response to these concerns, BADC opted to bypass the city’s consultation framework entirely and sent a formal deputation package directly to Mayor Olivia Chow and all City Councillors on Tuesday, April 15.

Gilliam emphasized that any attempt to curtail constitutional rights, especially those related to protest and assembly, must be approached with transparency and accountability. “We take this very seriously,” he said, “and we expect the City to do the same.”

For more information, the public is encouraged to visit the City of Toronto’s consultation page at toronto.ca/PublicConsult, or contact Kingsley P. Gilliam at kingsleypgilliam@ualberta.net or 647-267-1774.

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