CCLA: Toronto Police Should Not Ban Protest from Public Streets

OTTAWA — Canadian Civil Liberties Association (CCLA) has issued the following statement:

The Toronto Police Service (TPS)’s proposed ban on any pro-Palestinian protest on certain residential streets in North York raises serious concerns about violations of Charter-protected rights. TPS doesn’t need to resort to broad bans on free expression to respond to unlawful activity.

Canada’s Criminal Code contains several offences that directly address harassment and intimidation, with criminal harassment (s. 264) and intimidation (s. 423 / s. 423.1) being the most central. These laws notably prohibit stalking, threats, and coercion.

“Police already have broad powers under the Criminal Code,” said Anaïs Bussières McNicoll, Fundamental Freedoms Director at the Canadian Civil Liberties Association (CCLA). “Those laws exist precisely to protect public safety, and they can and should be enforced where necessary, including at protests.”

“What TPS is doing goes much further. It creates protest-free zones on specific public streets, where any pro-Palestinian protestor – regardless of how peacefully they express their message – can be arrested,” Bussières McNicoll continued. “This attack on freedom of expression and freedom of peaceful assembly is wrong.”

“Public space belongs to the people. A democracy is no longer healthy if the police silence peaceful dissent and act as the arbiter of acceptable protest speech and location,” Bussières McNicoll added.

“We are witnessing a rise in antisemitism, Islamophobia, and other forms of hate that threaten the cohesion of our communities,” said Howard Sapers, CCLA’s Executive Director. “The Charter does not protect violence or threats of violence. But it does protect dissent, controversy, and speech the government may find offensive or unpopular.”

“While we are deeply dedicated to building a more inclusive, equal society, we must do so without compromising the freedoms that define our society,” Sapers concluded.