Today, CCF Counsel Alexander Surgenor wrote to Mayor Scott Gillingham and City Council, warning that the proposed “Safe Access to Vulnerable Infrastructure” bylaw would violate sections 2(b) and 2(c) of the Charter of Rights and Freedoms, which protect freedom of expression and peaceful assembly. The exemption for labour picketing makes clear the bylaw would be a content-based restriction: by allowing some protests while banning others, the government would be effectively deciding which messages are permitted in public spaces. If passed, the bylaw would impose steep penalties, starting at $500 for a first offence and rising to $5,000 for repeat violations.

“The freedom to express oneself individually and alongside others is invaluable,” said Surgenor. “This right presupposes responsible conduct on the part of those who enjoy it. The City should be assuaged by the knowledge that the sort of conduct that threatens safe access to these spaces is already prohibited.”

Josh Dehaas, Interim Litigation Director for the CCF, called the draft bylaw one of the most egregious proposed restrictions on freedom of expression and assembly in Canadian history.

“This bylaw would expose peaceful, law-abiding Canadians to fines of hundreds or even thousands of dollars simply for speaking their minds on topics such as immigration, the location of homeless shelters or religious extremism across a vast swath of Winnipeg,” he added. “The City has no business deciding which messages are acceptable and which aren’t.”

The CCF emphasized that targeted measures already exist to address criminal harassment and intimidation, making this protest ban unnecessary. If the City proceeds with the bylaw, the CCF may take legal action to defend the fundamental rights of Winnipeg residents.
The letter is available in full here.

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