Vote to crack down on ‘nuisance’ protests set for city council

City council will soon vote on the proposed ban on “nuisance” protests and intimidation within 100 metres of schools, places of worship, hospitals and other “vulnerable social” locations.

A city staff report recommends council approve the safe access to vulnerable infrastructure bylaw Feb. 26, while some politicians and the Canadian Civil Liberties Association disagree over whether the regulations infringe on constitutional rights.

“There are all sorts of global issues going on, and we’re seeing some of those come into our community, whether it’s Islamophobia or antisemitism or disapproval toward the LGBTQ community,” said Coun. Evan Duncan (Charleswood-Tuxedo-Westwood), whose motion led to a draft bylaw that was made public Tuesday.

“Unless we give clear direction as a municipality of what we accept and what we feel promotes safety in our communities, it’s going to continue to escalate until we have a real conflict on our hands.”

If approved, buffer-zone violations will carry fines of $500 for a first offence, $1,000 for a second offence and $5,000 for a third and subsequent offence.

City bylaw officers and Winnipeg police would enforce the rules.

While the report doesn’t name specific events or groups, the bylaw was proposed amid frequent demonstrations related to the Israel-Hamas war. Duncan said the bylaw is not directed at anything or anyone specific.

Toronto and Calgary are among the few cities that have similar bylaws. A federal bill aims to make it a crime to intimidate and obstruct people from accessing places of worship, schools and other places primarily used by an identifiable group.

Winnipeg’s proposal defines “nuisance” protests as involving the expression of “objection or disapproval towards an idea, action, person or group based on or related to any specified characteristics,” including race, skin colour, religious beliefs and gender identity.

The definition includes the obstruction of pedestrians or vehicles, or the use of amplifiers or microphones without first obtaining a city permit.

“Intimidation” is defined as conduct intended or reasonably expected to incite hatred, violence, intolerance or discrimination; cause fear for mental or physical safety; or deter people from accessing one of the designated facilities or from exercising a right.

The actions would not be allowed within 100 metres of these designated sites’ property lines: city-owned cemeteries, community centres, schools, cultural centres, health-care facilities, libraries, neighbourhood rehabilitation homes, places of worship, and post-secondary institutions.

The draft bylaw does not apply to peaceful labour strikes.

The civil liberties association last year launched a constitutional challenge against a bubble-zone bylaw in Vaughan, Ont., arguing it limits a wide range of peaceful protests.

Anaïs Bussières McNicoll, director of the association’s fundamental freedoms program, said the scope of Winnipeg’s proposal is extremely broad, and places an unjustifiable limit on freedoms of expression, peaceful assembly and association.

Police have the power to intervene if protests pose a threat to physical safety or involve harassment or intimidation, she said.

“From our perspective, it’s quite clear that this bylaw is not about protecting public safety. It’s rather about creating the right not to be offended near some community gathering spaces,” Bussières McNicoll said.

“We strongly believe we do not live in a free democratic society if bylaw enforcement officers or the police are given broad discretion to be the arbiters of what is and isn’t acceptable protest speech.”

Duncan and Mayor Scott Gillingham disagreed that the bylaw would infringe on constitutional rights. The city received a legal opinion.

“There’s a way, I think, for all of us to coexist, allowing people to maintain their right to rally and to protest, but at the same time I think it’s very reasonable that you shouldn’t be subjected to anything that people may feel would be intimidating when they’re trying to access the places they’re going to,” Gillingham said.

Ramsey Zeid, president of the Canadian Palestinian Association of Manitoba, said bubble zones infringe on constitutional freedoms.

“Where does it stop after that?” he said.

Zeid believes the Winnipeg bylaw is directed at pro-Palestinian demonstrations. A public discussion around bubble or buffer zones escalated after a protest outside the Asper Jewish Community Campus in Tuxedo in April 2025, when it hosted an event featuring two Israel Defense Forces soldiers.

The Jewish Federation of Winnipeg and Ottawa-based Centre for Israel and Jewish Affairs advocated for the bylaw.

“Protective buffer zones are already in place in other parts of Canada, and all Manitobans should enjoy the same protections,” federation president Jeff Lieberman said in a statement.

Last year, a new provincial law created a buffer zone of at least 50 metres outside abortion clinics.

— With files from Nicole Buffie

chris.kitching@freepress.mb.ca

cow bylaw draft