City staff are warning that implementing a bubble by-law could raise legal issues for the City of Ottawa and requires further research before councillors consider taking action.
The by-law, also coined a “bubble by-law”, could protect “vulnerable social infrastructure” like places of worship, schools or community centres and inhibit protest and certain activities within a certain proximity.
Citing a rise in hate-related crime, council directed staff in October to research whether this kind of by-law would be feasible for the city, sparking support from some community groups, like the Jewish Federation of Ottawa, and backlash from local civil liberty groups that raised concerns over the possible restriction of protest and expression.
Staff were directed to examine similar by-laws, like the one enacted in Vaughan, but the staff report warned that more consultation is necessary to avoid possible legal challenges.
The report, prepared by Ryan Perrault, general manager of Emergency and Protective Services, said that “while the development and implementation of a ‘bubble zone by-law’ is feasible, this approach should be informed by research, engagement, and consultation.”
The report will be tabled at the Joint Emergency Preparedness and Protective Services and Public Works Committee on May 15 but has been released to council, staff and media.
“It will be crucial to seek legal guidance and review relevant case law in the development of regulations to ensure that any restrictions serve important municipal purposes, are proportional, and minimally impair freedom of expression, so they can be justified under Section 1 of the Charter,” the report read.
Perrault said a by-law like this “carries risk of being challenged” and says these regulations are “relatively new at a municipal level” and are “largely untested.”
The report also said the effectiveness of municipal bubble zone regulations in “preventing or mitigating harassment” around the designated social infrastructure sites “remains unknown.”
Perrault stressed that while some similar regulations have been enacted in other municipalities, doing so in Ottawa would require additional research and review from staff.
“As neither the Vaughan nor Calgary by-laws providing safe access to social infrastructure have been tested in court, the constitutionality of each approach remains unsettled,” Perrault wrote. “While safe access laws for abortion services have established a foundation for potential regulations, the Court has set a very high bar for justifying such limits and determining their scope.”
Should council choose to proceed with the by-law, staff recommend first conducting an extensive review that would include research on legal implications and public consultation, a process that Perrault said would likely take nine months and require an operating budget.
The issue first went before council in October of 2024 and was met with plenty of discussion as councillors debated how much of an impact the bylaw would have and whether it could tread on protest rights.
Couns. Shawn Menard (Capital Ward) and Riley Brockington (River) shared their concerns about the by-law, arguing that there are already bylaws and enforcement protocols in place to address hate speech and violence during protests.
“If people are breaking the Criminal Code, let police do their jobs,” said Brockington. “Police already have the tools.”
On the other side, Kanata North Coun. Cathy Curry said she would support the motion and “don’t know why anybody wouldn’t.”
Meanwhile, Somerset Coun. Ariel Troster said “this kept me up at night.” She said that while she is unsure if she would support a bubble bylaw, it “isn’t black and white” and “warrants conversation”.
Similarly, Orléans East-Cumberland Coun. Matt Luloff said he felt the motion had “noble intent” and despite claiming to be “as close to a free speech absolutist as you can be,” he “will hear staff out”.
In College Ward, constituents have been asking for support from the municipality and for the “exploration” of such a bylaw, said River ward Coun. Laine Johnson.
Speaking to reporters after council adjourned, Sutcliffe said he was expecting public consultation to ensure there is proper engagement with the community during the feasibility study, but did not elaborate on why staff was given such a short timeframe.
“I have deep respect, especially as a former journalist, for everyone’s right to free speech and everybody’s right to demonstrate. It’s vitally important in our democracy,” Sutcliffe told reporters.
“At the same time — and that’s why these issues often bring a lot of internal conflict and and a lot of thought that I think you saw reflected in the day today.
“I have heard from many residents in our community of concerns they have about a number of different events that have taken place or could take place in the future, near schools, near places of worship, and near other important cultural and community institutions in our city,” he continued. “So we must strike the right balance going forward.”
