City considers crackdown on ‘nuisance’ protests

The City of Winnipeg is eyeing a ban on “nuisance demonstrations” near schools, community centres and many other facilities, along with strict enforcement.

On Tuesday, council’s executive policy committee ordered a staff report on the “maximum fines and penalties” for violations of a potential “vulnerable social infrastructure bylaw.”

“We need to ensure that Winnipeg communities are safe and safe for all. I understand that protests are a right. However, the right to feel safe in your community and not feel threatened or any type of (hate speech) towards you is also very important,” said Coun. Evan Duncan (Charleswood-Tuxedo-Westwood).

Duncan raised a motion calling to explore the bylaw, which defines “nuisance demonstrations” as any protest that expresses “objection or disapproval” related to race, religious belief, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation.

Protests that city officials deem to fall in that category would not be allowed within 100 metres of “vulnerable social infrastructure.” That would include hospitals, health-care facilities, long-term care homes, congregate living facilities, places of worship, all public and private educational institutions, community centres, cultural centres and cemeteries.

“These are all vulnerable social infrastructure (places) that need to have some sort of parameters around them of what you can and cannot do,” said Duncan.

The councillor said the potential bylaw changes, which city staff are expected to report back on in about three months, would still allow for peaceful protests, such as labour picket lines. He noted many demonstrations would still likely take place at the Manitoba legislature and city hall.

“Protests are welcome. It’s a part of our democracy … (but) we want our neighbourhoods to be peaceful,” he said.

The motion suggests a bylaw would allow city permits to be denied for events that don’t meet the above restrictions, while police could also consider the rules as part of their enforcement.

Duncan said no single group or incident sparked his motion but complaints have followed a steady flow of protests in recent years.

“We get (this) influx of calls when (a protest is) taking place, and residents are frustrated that no action’s being taken,” he said.

Mayor Scott Gillingham said demonstrations do appear frequent and are possibly increasing in number, which he thinks supports the call for changes.

“The Charter of Rights and Freedoms says that people have the freedom to protest and assemble and we need to maintain that, for sure. But I think when you take a look at the last five to six years in our own city and in society, there’s been a lot of reasons for protest and rallies,” said Gillingham. “At the (Winnipeg) Police Board’s regular meetings … you will hear the police say that there are costs and resource demands related to … attending protests and rallies and managing them.”

In December 2023, for example, the Winnipeg Police Service noted frequent protests over the war in the Gaza Strip in the previous few months led WPS to spend $136,000 on overtime and divert officers from downtown safety patrols.

In March 2022, WPS said its response to weeks of protests against COVID-19 restrictions cost the force about $100,000 in overtime.

City council would be required to approve a bylaw before any changes could be implemented.

joyanne.pursaga@freepress.mb.ca

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