Executive Summary
In recent months, several Canadian municipalities have moved to establish local “bubble zone” laws, creating blanket bans on protests in large sections of multiple Canadian cities. These measures – modelled after laws that create protest-free perimeters around sites like abortion clinics or hospitals – are now being applied to places of worship, schools, and community centres. The trend has accelerated in 2023–2024, amid large pro-Palestinian demonstrations against Israel’s genocide in Gaza and Canadian complicity. These municipal bylaws, while framed as public safety tools, are disproportionately being used to suppress pro-Palestinian protest and other dissenting voices. The laws’ broad language and expansive zones risk infringing on constitutional freedoms, chilling lawful protest, and empowering authorities to selectively enforce against what they perceive to be unpopular or controversial. This brief examines the rise of these bubble zone bylaws and their impacts, and offers policy recommendations to safeguard democratic expression while addressing genuine safety concerns.
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Key concerns: The new municipal bubble zone bylaws often use vague terms like “nuisance demonstration” and ban protests within 50–100 metres of designated sites, creating wide no-protest zones. Legal experts and civil liberties groups warn[i] that these measures go beyond what is necessary to prevent harm, raising serious Charter of Rights issues. The trigger for many of these bylaws has been pro-Palestinian protests, fueling perceptions of selective application. Officials have justified[ii] the laws with rhetoric about surging antisemitism and “hateful mobs,” but this broad-brush approach risks labeling legitimate protest as hate and leveraging “public safety” as a pretext to silence dissent. If left unexamined, these measures could set a troubling precedent wherein municipalities dictate where and when citizens may voice dissent.
Core recommendations: Canadian policymakers should approach local protest buffers with extreme caution. Blanket bans on demonstrations near “vulnerable” sites should be narrowly tailored, used only as a last resort, and subject to rigorous Charter scrutiny. Instead of permanent no-protest zones, cities can rely on existing laws against violence and harassment –rather than preemptively quashing peaceful assemblies. Clear standards and independent oversight are needed to prevent selective enforcement. Ultimately, all levels of government must affirm that protecting public safety and the right to peaceful protest are not mutually exclusive. This brief urges a balanced approach: address genuine safety needs with proportionate responses, while upholding Canada’s commitment to free expression and assembly. Policymakers should also recognize that pro-Palestine speech and protest is legitimate and not hateful.
Recommendations at a glance: Canadian policymakers at all levels must move beyond reactive, punitive approaches to protest and instead develop principled, rights-based frameworks that treat dissent as essential to democracy—not a threat. This means repealing or revising vague protest exclusion bylaws, ending reliance on zoning tools and injunctions that target political speech, and using existing legal mechanisms only where actual harm occurs. Laws must be applied equally across political contexts, with oversight to prevent selective enforcement. At the same time, governments should reaffirm the distinction between dissent and hate in public discourse, proactively seek judicial clarity on protest restrictions, and invest in public education to strengthen understanding of Charter-protected freedoms. This includes the right to protest against Israel’s genocide of Palestinians in Gaza, and to protest the Canadian government’s failure to uphold its commitments to human rights, international law, and its own anti-genocide laws—primarily through the Criminal Code and the Crimes Against Humanity and War Crimes Act.
[i] Canadian Civil Liberties Association. (n.d.). Right to protest peacefully: CCLA urges the Brampton City Council to fix the proposed bubble zone by-law. https://ccla.org/fundamental-freedoms/right-to-protest-peacefully-ccla-urges-the-brampton-city-council-to-fix-the-proposed-bubble-zone-by-law/
[ii] Bessner, E. (2025, February 22). Bubble legislation to curb protests outside Ontario synagogues has become a hot 2025 campaign issue. The Canadian Jewish News. https://thecjn.ca/news/campaign-bubble/