[La version française suivra.]
WHEREAS the City of Ottawa is empowered under Section 10(2), paragraph 4, of the Municipal Act, 2001, to enact by-laws to promote the health, safety, and well-being of persons; and
WHEREAS Section 10(2), paragraph 8 and Section 128 of the Municipal Act, 2001, authorize the City to regulate for the protection of persons and property, and the prevention of public nuisances; and
WHEREAS every Canadian resident is guaranteed the fundamental freedoms of expression, peaceful assembly, religion, and association under Section 2 of the Canadian Charter of Rights and Freedoms; and
WHEREAS Section 1 of the Canadian Charter of Rights and Freedoms (the “reasonable limits clause”) provides that these rights and freedoms may be subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society in order to navigate competing Charter rights claims; and
WHEREAS the City of Ottawa recognizes that any by-law establishing limited protective distances to protect vulnerable individuals is not intended to inhibit or prohibit freedom of expression or the right to protest peacefully; and
WHEREAS the City of Ottawa acknowledges the rising incidents of harassment, hate speech, and intimidation generally, as well as the concerns that these incidents cause when they occur near vulnerable social infrastructure, such as places of worship, schools, hospitals, and long-term care and congregate care facilities, which impedes safe access and undermines community well-being; and
WHEREAS such incidents obstruct safe access to vulnerable social infrastructure and may also undermine community well-being, dignity, safety and Charter rights and freedoms of those seeking access to these facilities; and
WHEREAS a Vulnerable Social Infrastructure By-law, narrowly tailored to address the above concerns, would reasonably seek to balance the Charter rights of individuals to safely access places of worship, and the right to access essential services of schools, hospitals, and long-term care and congregate care facilities and the reasonable enjoyment of these public and private properties, with the freedom of expression of demonstrators to protest near such locations; and
WHEREAS a Vulnerable Social Infrastructure by-law in the City of Ottawa should not be interpreted to restrict student-led protests conducted in accordance with the Ontario Ministry of Education’s ‘Safe and Inclusive Schools’ guideline, issued on September 25, 2024; and
WHEREAS any such by-law must comply with the Supreme Court of Canada’s Oakes Test, ensuring that any limits on Charter rights are reasonable, demonstrably justified in a free and democratic society, and proportionate to the objective of protecting individuals, including vulnerable populations, seeking access to vulnerable social infrastructure; and
WHEREAS the City of Ottawa seeks to protect access to vulnerable social infrastructure while preserving the right of individuals to engage in lawful protests, including labour union activities;
THEREFORE BE IT RESOLVED that Council direct staff to develop a Vulnerable Social Infrastructure By-law for the City of Ottawa within a nine-month timeline, incorporating the following considerations:
- Prohibition of Demonstrations Near Vulnerable Social Infrastructure: The by-law shall prohibit demonstrations within a defined distance of vulnerable social infrastructure. Vulnerable Social Infrastructure may include, but is not limited to, places of worship, schools, hospitals, and long-term care and congregate care facilities.
- Time-Limited Protective Zones: Staff shall consider establishing time-limited protective zones that are active only during operational hours or specific high-risk periods. The scope of the by-law shall be narrowly tailored to minimize any infringement on Charter-protected rights and freedoms, while ensuring adequate Charter protection for vulnerable individuals.
- Protective Distance: Staff shall assess and recommend an appropriate protective distance of up to 80 meters around vulnerable social infrastructure and shall also consider other means of protecting safe access such as delegated authority for staff or other officials to erect barricades and close highways, as may be appropriate.
- Targeted Application: The by-law shall include provisions to ensure that the protective zones do not apply to demonstrations that are not specifically directed at the protected vulnerable social infrastructure.
- Labour/Internal Exemption: The by-law shall explicitly exempt lawful labour union protests, strikes, pickets, or any other activities undertaken as part of a labour dispute or negotiation other type of internal dispute involving the owners or occupants of the vulnerable social infrastructure.
- Scope of Government-Owned Infrastructure: The by-law shall apply to government-owned property only where the primary function of the building or facility is to provide medical care, education, or long-term care or congregate care services. The by-law shall explicitly exclude from its scope buildings such as embassies, Ottawa City Hall, and the Parliament of Canada, even if such buildings contain education facilities, clinics, or other care services onsite.
- Offences and Penalties: Staff include appropriate offences and penalties in the by-law that are consistent with those found in comparable City of Ottawa by-laws.
- Safe Access Approach: Staff shall incorporate a "safe access approach" to ensure that the by-law facilitates unimpeded and safe access to vulnerable social infrastructure while respecting the right to lawful protest.
- Consultation and Engagement: As part of the by-law development process, staff shall conduct consultations and engagement with affected communities, including property owners and operators of vulnerable social infrastructure, community organizations, advocacy groups, and members of the public.
- Interagency Collaboration: Staff in By-law and Regulatory Services, and Legal Services shall work, in coordination with the Ottawa Police Services, under the direction of Ottawa Police Services Board, on the City’s enforcement plan, to develop an enforcement strategy that is consistent with the Municipal Act, 2001, the Community Safety and Policing Act, 2019, and other applicable federal and provincial laws.
- Reporting Timeline: Staff shall report back to the Emergency Preparedness and Protective Services Committee within nine months with a draft by-law, an implementation plan, and an assessment of resource implications.
- Contingency for Provincial or Federal Legislation: If, within the nine-month period, the provincial or federal government enacts legislation pertaining to vulnerable infrastructure, the General Manager of the Emergency and Protective Services department report back to Emergency Preparedness and Protective Services Committee with an analysis of such legislation.
BE IT FURTHER RESOLVED that Council approve an adjustment to the Council-approved 2023-2026 By-law Review Work Plan by deferring the preliminary planning and research for the Vehicle-for-Hire By-law Review to the next Term of Council, in order to prioritize the development of the Vulnerable Social Infrastructure By-law within the current Term of Council.