Brampton council unanimously approve bylaw to ban protests near places of worship

Brampton’s city council unanimously voted to approve a bylaw proposed by the mayor to ban demonstrations outside places of worship following a series of violent protests earlier this month.

Council met on Wednesday for its final debate on a motion from Mayor Patrick Brown, asking the city’s legal and enforcement staff to work with Peel Regional Police, faith groups, and other levels of government to create a bylaw that prohibits protests at places of worship while also balancing the importance of freedom of expression.

The bylaw states that no person “shall organize or participate in a nuisance demonstration within one hundred metres” of a place of worship, and it is “not intended” to prohibit peaceful protest. 

In a phone interview Wednesday, Brown called the bylaw “an additional tool” to ensure that no one fears going to their place of worship. The Criminal Code already includes offences related to willful disruption of religious gatherings.

“We want to make sure whether you go to a mandir, or a gurdwara, mosque, synagogue or church, that everyone can pray free from harassment and intimidation,” Brown said, noting that the bylaw does not apply if the place of worship is rented to a third party.

The decision from council comes weeks after officers were called to a large demonstration outside the Hindu Sabha Mandir on The Gore Road on Sunday, Nov. 3. Videos circulating on social media appear to show demonstrators holding banners in support of a separate Sikh country called Khalistan clashing with others, including some holding India’s national flag.

The clashes came as Hindus celebrated the Diwali holiday amid mounting tensions between Canada and India.

The videos appear to show fist fights and people striking each other with poles in what seems to be the grounds surrounding the temple. Five people have been charged to date, with additional arrests anticipated. Police later released body-cam footage of an officer at the protest, defending the response.

Some experts specializing in freedom of expression have voiced concern about the measure.

The Canadian Civil Liberties Association (CCLA) issued a letter to the mayor and council opposing the bylaw.

“As currently drafted, the proposed bylaw is likely to chill free speech and lawful, peaceful protests,” said Anaïs Bussieres McNicoll, Director of the Fundamental Freedoms Program at the CCLA.

“This bylaw uses vague and open-ended definitions that leave it to police officers to make subjective and unpredictable determinations. Any person guilty of an offence under the proposed bylaw is subject to a maximum fine of $100,000 — which is irrational and disproportionate.”

McNicoll added that civic space is “where people come together to exercise their rights to associate, assemble and express themselves peacefully.”

“This space is the bedrock of any open and democratic society. We urge the Brampton City Council to refrain from shrinking our civic space unduly and unfairly.”

Brown said he believes the CCLA “didn’t know the particulars” of Brampton’s bylaw, saying that it specifically protects the right to pray.

“We believe our bylaw is balanced and meets all legal requirements,” he said.

James Turk, director of the Centre for Free Expression at Toronto Metropolitan University, told The Canadian Press earlier this month that the bylaw could deter people from demonstrating lawfully.

“The only effect of what they’re doing would be to further restrict speech by those who are protesting, as well as to chill others who may want to protest,” Turk said at the time.

But Brown disagreed with that concern and said residents are still free to exercise their rights.

“I think there are ample places to protest. We’re saying you’ve got to protest anywhere in the city, just not outside a prayer room,” he said, adding that local religious leaders have been “overwhelmingly supportive” of the bylaw.

Other Ontario cities have considered similar bylaws. In the neighbouring municipality of Vaughan, Ont., city council unanimously approved a bylaw in June to prohibit “organizing or participating in a nuisance demonstration” within 100 metres of “vulnerable social infrastructure” such as places of worship, schools, child-care centres or hospitals.

In Mississauga and Ottawa, city councils have recently passed motions directing staff to study the feasibility of such a bylaw.

Files from The Canadian Press were used in this report