Hamilton City Council will debate creating a “bubble zone” bylaw to ban non-approved protests around ‘sensitive’ religious facilities.
On Tuesday, Council’s planning committee (12 of 16 council member sit on planning) will debate the “Feasibility of the Adoption and Enforcement of a By-law to Prohibit Protests at Places of Worship and Their Facilities” in closed session. [Item 12.2]
The discussion will be in closed session, citing “pending or ongoing litigation” because the bylaw will infringe the Charter and, if passed, will likely be challenged in the courts.
Ward 1 Councillor Moved Motion to Draft “Bubble Zone” Bylaw
Ward 1 Councillor Maureen Wilson moved a motion in January, saying banning protests near religious facilities may be needed to “provide a safe space for people to come together to express their religious beliefs” in light of recent protests near religious facilities in Toronto, Durham Region, and Peel Region.
“There is a discussion out in the community about the balancing of rights, and I don’t think we should be afraid of that,” Wilson stated during an interview on December 3rd. “My understanding of Charter rules is that there are not absolutes, that it has to be reasonable.”
Thus far, Hamilton’s protest ban bylaw will be limited to protests near religious facilities.
Other ‘bubble zone’ bylaws include schools, hospitals, recreation centres, and libraries in among their lists of ‘sensitive social infrastructure.’
Vaughan First Municipality to Implement Protest Bans
In June 2024, Vaughan was the first Ontario municipality to adopt a protest ban bylaw. The penalty for protesting with a maximum fine of $100,000.
After much debate and a few withdrawn motions, in December 2024, the Toronto Council directed its staff to draft a “bubble zone” bylaw.
Related: In December, The Canadian Jewish News interviewed two Toronto councillors about the issue – including one who changed their vote from opposed to in favour of bubble zones.
Toronto opened public consultation on its proposed bylaw on Monday.
Other municipalities preparing “bubble zone” bylaws are awaiting the outcome of ongoing Charter challenges in Alberta and Ontario.
Civil Liberties Groups Challenging Municipal Protest Bans
The Canadian Constitution Foundation (CCF) and the Canadian Civil Liberties Association (CCLA) both publicly oppose municipal protest bans. The CCF is actively litigating Calgary’s bubble zone bylaw.
Calgary Bylaw Upheld in Provincial Court, Superior Court Reviewing
In 2023, the City of Calgary was one of the first cities in Canada to implement “bubble zones” passing the “Safe & Inclusive Access Bylaw” which bans protests “objecting to an idea or action related to human rights” within 100 metres of a recreation centre, library, or other designated facility.
The Calgary bylaw was upheld by a provincial court judge who ruled the bylaw is a justifiable restriction on protests, writing, “members of the Community could suffer significant psychological harm if they were closely confronted with protestors objecting to 2SLGBTQIA+ activities and events.”
On February 25 and 26, Alberta’s Court of Kings Bench heard arguments in a judicial review of the decision.
Unknown How / Where Hamilton’s Bylaw Could be Applied
Due to Council’s decision to deliberate the bylaw in closed session, it is not known how the City plans to define ‘religious facility’ or how large a bubble zone will be.
Tuesday’s planning committee meeting begins at 9:30 a.m.
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Published: March 17, 2025
Last updated: March 17, 2025
Author: Joey Coleman
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