As Toronto City Council approved a bylaw restricting protests near places of worship, day cares and schools over a day-long debate, some were left questioning the delay in passing a seemingly straightforward measure, as well as its specifics.

Going into effect on July 2, the bylaw allows places of worship, schools, and others to request that the city restrict protests within a 50-metre radius of their properties. If granted a “bubble zone” designation, protest will be restricted for a year. City staff had originally proposed a 20-metre buffer that would be put in place once the owner of the institution had proven it had been affected or targeted by a protest within the previous 90 days.

The bylaw officially passed by a 16-9 margin on May 22, with councillors spending most of the day debating over potential free speech concerns and the right to protest. 

The Centre for Israel and Jewish Affairs (CIJA) welcomed the decision but called for additional steps to combat hate at places of worship. 

“Yesterday in Washington, we witnessed how unchecked hate can escalate into violence. When pro-Hamas mobs march through our streets glorifying terrorism and calling for violence against Jews, it causes real harm to communities and puts lives at risk,” said Josh Landau, director of government relations, Ontario at CIJA. 

Landau referred to the fatal shooting of Sarah Milgrim and Yaron Lischinsky, a couple who worked at the Israeli embassy, who were murdered outside of a Jewish museum May 21 in downtown Washington. The suspected gunman, Elias Rodriguez, was seen in videos shouting "Free Palestine” following the shooting. 

“With this decision, the City of Toronto has taken a meaningful step toward protecting Torontonians. There is broad support for safe access zones from diverse religious and ethnocultural leaders who recognize that freedom of expression does not include a right to intimidate, bully and harass communities,” his statement continued. 

CIJA recently released its J7 Annual Report on Anti-Semitism, which showed that while Jews account for fewer than one per cent of the Canadian population, they are the victims of close to 70 per cent of religiously motivated hate crimes. In Toronto, police reported 164 hate crimes targeting Jews as of October 2024 — a 74.5-per-cent increase over 2023.

Still, concern remains that the bylaw was met with backlash. Richard Marceau, vice president of external affairs and general counsel for the CIJA, suggests the push-back should come as no surprise.

“ The issue is that there has been a group of people, mainly from the hard left, as well as people who are not friendly to the Jewish community, to say the least, who want to have the right to harass Jews around their houses of worship, community centres and schools. It’s as simple as that to be very blunt and very clear,” he said. 

The soon-to-be-enforced 50-metre buffer is the same protection that for years has been granted to abortion clinics facing pro-life protests. Still, the ruling was not without heavy debate. Councillor Gord Perks suggested many rights afforded to the public stem from protest. 

“Every single right anyone in this chamber enjoys was won not by the Charter. It was won by protest,” he said.

Others pointed to powers the police already have under the Criminal Code to protect access to property, rather than enforcing a new bylaw entirely. 

Marceau said Perks’ argument simply does not apply to what the bylaw proposes. 

“People have the right to protest, and nobody is saying that they don’t. But, like in any democracy, there are reasonable limits. In this case, we are saying yes to protests, but not to do it around a place of worship, community centre or school,” he said. “It is not that (protests) have not been public, heard or allowed. As long as they are legal demonstrations, nothing has happened to them.” 

Philip Horgan, a lawyer and president and general counsel of the Catholic Civil Rights League, said Toronto's is the latest of four Ontario municipal bylaw proposals following Vaughan, Oakville and Brampton.

While Horgan clarifies that he believes acts of violence should be prosecuted, he is not without skepticism when it comes to the city’s newest bylaw. 

“My concern over any possible bubble-zone legislation is that the proposition may start with a noble objective, but such provisions can be used to limit free speech, legitimate protests or the mere ability to provide information,” he wrote to The Catholic Register. 

He points to the federal Criminal Code prohibition enacted in 2023 on protests outside of health facilities, with Section 423.2 prohibiting intentionally obstructing or interfering with a person's lawful access to a health service facility.  

“That provision also provides a broad defence if one's attendance was intended to communicate information. The focus appears to make it a criminal offence if the acts were intended to provoke fear in individuals to impede their access to health care,” he said. 

With the bylaw going into effect in just over a month’s time, Marceau hopes it can act as a reminder of the importance of enforcing protections that safeguard all communities. 

“Let’s apply the criminal laws, provincial statutes and municipal bylaws to stop this harassment, intimidation of both the Jewish community and of other communities as well,” he said. 

“Of course it is important for the Jewish community, but it is also important for all our other communities, and that should not be lost in our ongoing public discussion.”