By Lincoln DePradine

Local government politician Jamaal Myers has explained his reasons for not supporting a Toronto by-law, passed last week, that restricts protests around some places in the city.

The so-called “bubble zone” by-law, which will go into effect on July 2, allows schools, childcare centres and places of worship to request the city restrict protest within a 50-metre radius around the property.

Once a location receives a “bubble zone’’ designation, it will last for a year.

The by-law’s enactment comes after months of demonstrations in Toronto, following the October 7, 2023, Hamas-led attack on southern Israel, and the subsequent bombardment of Gaza by Israel.

Myers, one of nine Toronto councillors that voted against the by-law, said his decision was rooted in the community’s “shared values of safety, inclusion and constitutional rights’’.

“First, I want to acknowledge the sincere intent behind the by-law. I want to be clear that I stand firmly with all faith communities in condemning hate, discrimination and violence,’’ Myers, councillor for Scarborough North, said in a statement to his constituents.

“However, after carefully reviewing the proposed by-law, and hearing from more than 600 of you who reached out to me, it became clear that this by-law, as written, would not achieve its intended goal. Instead, it raised serious concerns about how it could affect freedom of speech, peaceful protest, and due process—rights that are especially vital in a diverse ward like ours,’’ added Myers, an attorney who graduated from New York University School of Law.

“Nothing in this by-law stops people from protesting,’’ said councilor Dianne Saxe, who was one of 16 that voted in favour of the by-law.

Among the criticisms of the by-law are that it is unnecessary and restricts the rights to peaceful gatherings.

“It is not true to say that every protest that is standing for the rights and freedoms of Palestinians, who are subjected to atrocities, is anti-Semitic and anti-Jewish,’’ said councillor Amber Morley.

Fellow councillor Gordon Perks argued that protests play a role in building a society.

“Every single right anyone in this chamber enjoys was won not by the Charter — it was won by protest,’’ he said. “Protest is not the enemy of any right you have; protest is the means by which it was won and will be protected.’’

Several members of the Black and Caribbean community opposed to the new measure called it “discriminatory’’, referring to it as an “anti-demonstration by-law’’, which “empowers police and security to intervene and arrest protestors and also permits the use of teargas, water cannons and dogs against protestors’’.

“Our communities cannot accept a move that curtails freedom of expression. Given existing racial profiling, this law will further restrict freedom of movement,’’ a spokesperson told The Caribbean Camera.

The Canadian Civil Liberties Association and the Centre for Free Expression, in a joint letter sent to city council last week, said the by-law “represents a significant risk to peaceful expression and assembly, and is not necessary in light of existing police powers’’.

They pointed out that “police already have broad powers to protect access to property and to intervene in the event of a threat to human physical safety, including during protests. Therefore, a new by-law is simply unnecessary’’.

Councillor Myers, for his part, said he supports “meaningful, legal actions to protect our religious communities and schools’’.

However, the Toronto by-law is “not the right approach’’, said Myers.

“I also heard from residents concerned that the bylaw could unintentionally suppress peaceful, legitimate protest—even within communities advocating for positive change. In a ward like ours, where voices from many backgrounds must be heard and respected, that’s a risk we cannot afford.’’

Toronto’s by-law follows similar measures adopted in other cities, including Vaughan and Brampton.

Police and by-law officers in Toronto are expected to warn people in the “bubble zones’’ before issuing fines, allowing them the chance to leave the area voluntarily. The maximum fine for people who refuse to leave would be $5,000.

LJI reporter

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