Montreal — Yesterday, the League of Rights and Freedoms (LDL), the Canadian Civil Liberties Association (CCLA), Hoodstock, and the Saint-Michel Legal Clinic (CJSM) sent a letter to the mayor of Montreal, as well as to City and Agglomeration Council officials. The letter sounded the alarm about the risks of abuse stemming from the draft Bylaw prohibiting inappropriate behavior toward City of Montreal staff members (the Draft Bylaw). The Draft Bylaw would prohibit the public from engaging in “offensive” behavior toward municipal staff, including officers of the Montreal Police Service (SPVM), under penalty of fines.
The signatory organizations condemn the fact that the Draft Bylaw not only prohibits objectively violent or threatening behavior but also bans a wide range of conduct of varying severity, without bothering to define it. This approach creates ambiguity about what is prohibited, which paves the way for subjective, arbitrary, or even discriminatory interpretations by SPVM officers. These officers would be protected by the bylaw and responsible for enforcing it by issuing citations ranging from $350 to $1,000. These amounts could double in the event of a repeat offense.
The signatory organizations emphasize that prohibiting non-threatening expressions solely because they might offend someone unjustifiably violates Montrealers’ freedom of expression. The potential for abuse is clear, especially in light of the sometimes tense interactions between SPVM officers and the public. Montrealers could face a substantial fine if they express themselves in a way that an SPVM officer finds offensive or insulting during an interaction.
The signatory organizations are calling on the elected officials of the City of Montreal to postpone the votes on the Draft Bylaw currently scheduled for next week. They are also requesting a public consultation to discuss the most effective ways to achieve the City’s objectives while respecting the rights of Montrealers. This would be an opportunity for elected officials to finally address the concerns that various civil society actors raised as soon as the City of Montreal announced its intention to move forward with such an initiative on August 21.
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“Allowing SPVM officers to issue fines for remarks deemed offensive but not threatening significantly exacerbates the power imbalance between law enforcement and the public. This new power risks leading to arbitrary, even discriminatory, actions against people who are already subject to excessive police surveillance and racial profiling, particularly Black, Indigenous, and Arab communities,” said Anaïs Bussières McNicoll, Quebec Spokesperson and Director of Fundamental Freedoms at the Canadian Civil Liberties Association.
“While the City has been slow to revise its municipal by-laws to remove provisions that facilitate racial and social profiling, it is appalling that it is proposing to adopt a new by-law that unjustifiably infringes on freedom of expression and will create more problems than it solves,” said Lynda Khelil, spokesperson and policy director at the LDL.
“The CJSM opposes any expansion of police powers, particularly given that current powers, including roadside stops and street checks, have been recognized by the courts as being exercised in a discriminatory manner. Furthermore, the City is proposing this measure without prior consultation or clear guidelines. The City cannot ignore the disproportionate risks that such an expansion would impose on racialized, marginalized, and Indigenous communities,” said Fernando Belton, Esq., Executive Director of the Saint-Michel Legal Clinic (CJSM).
