Council passes bubble bylaw despite potential future legal challenges

A file photo shows a verbal confrontation between Pride and anti-Pride protesters near a Broadview Avenue school in June 2023. Photo by Julie Oliver /Postmedia

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Ottawa’s controversial “bubble” bylaw passed through council with overwhelming support despite warnings of potential overreach and unintended consequences, and the possibility of future lawsuits and legal challenges.

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The safe access to vulnerable infrastructure bylaw will take effect Aug. 1 and will prohibit demonstrations within 50 metres of schools, hospitals, long-term care centres and community health facilities.

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Councillors approved the bylaw by a 20-4 vote, with Capital Coun. Shawn Menard, Knoxdale-Merivale Coun. Sean Devine, Gloucester-Southgate Coun. Jessica Bradley and Somerset Coun. Ariel Troster casting the dissenting votes.

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Two motions that sought to amend the bylaw to roll back some of its restrictions were defeated by council.

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Bradley introduced a motion to limit the bylaw to apply “only during periods when the social infrastructure is being used for its primary operational purpose and not during periods when the facility is being used for unrelated third-party activities.”

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Bradley said the motion was about bringing “balance and clarity” to the bylaw.

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“We all agree that people should be able to access essential services, schools, health care, places of worship safely and without intimidation. At the same time, we also have a responsibility to uphold the right to lawful, peaceful demonstration in a free and democratic society,” Bradley said.

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“This isn’t about monitoring content or expression. It’s about ensuring that it is applied when it is appropriate,” Bradley said.

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Councillors narrowly defeated that motion by a margin of 14-10.

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Councillors also defeated a motion from Devine that would have addressed the “categorical prohibition on demonstrations” by removing a clause that “no person shall conduct or participate in a demonstration” within a safe access zone.

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Devine said the bylaw represented a “slippery slope” and cited experts on constitutional law who previously warned committee members about the bylaw’s potential overreach.

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“Today it is schools and places of worship, tomorrow it is convention centres, then city facilities. Eventually, anything that makes people uncomfortable becomes a reason to move dissent out of sight,” Devine said. “History shows us we do not become safer by gagging dissent.”

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Devine’s motion was defeated 18-6.

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Menard said expressing dissent is “fundamental” to democracy — particularly in the nation’s capital — and said it is already illegal to block safe access to a vulnerable place without invoking a bylaw.

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“It would be naive to think that this restriction of free speech and dissent is about safe access,” Menard said. “This is about silencing dissent where legitimate peaceful assembly is both necessary — sometimes uncomfortable — and essential.”