The Ontario government has launched a public consultation to explore new laws aimed at preventing protesters from blocking critical infrastructure. Solicitor General Michael Kerzner stated the initiative seeks to ensure "barrier-free access" to essential sites like hospitals and schools without suppressing the right to demonstrate.
New provincial offences and ID requirements on the table
The Ontario government is exploring several aggressive enforcement tools to address unauthorized obstructions. According to the report, one proposal involves legislating a prohibition on the willful obstruction of roadways, including bridges and overpasses. If passed, this could lead to the creation of a new provincial offence specifically for those who intentionally block travel in a way that cannot be easily avoided.
Further measures under consideration include requiring individuals to provide identifying information to facilitate the issuance of provincial offence notices. the province is also weighing the expansion of police authorities and the creation of new arrest powers to ensure compliance during demonstrations, according to the report.
From the Gardiner Expressway to Mount Sinai Hospital
Solicitor General Michael Kerzner highlighted specific scenarios where infrastructure obstruction causes significant public disruption. he noted that no reasonable person would defend blocking the on-ramp to the Gardiner Expressway or obstructing an ambulance traveling to Mount Sinai Hospital or Hennick Humber Hospital. Kerzner asserted that these types of disruptions must end to protect the movement of citizens and emergency services.
A growing trend from Toronto to federal criminal provisions
Ontario's initiative is part of a broader movement across Canada to regualte protests near sensitive locations. Toronto City Council recently voted to implement a bylaw that limits demonstrations outside of vulnerable institutions on a case-by-case basis . Similar legislative steps have been taken in the municipalities of Vaughan and Brampton to address protests near synagogues and temples.
The federal government is also preparing to act on this issue. As reported, the Canadian government intends to introduce new criminal provisions in 2025 aimed at protecting access to community centres, schools, and places of worship.
Will the courts uphold Kerzner’s infrastructure protections?
The legal validity of these proposed measures remains a significant point of contention. Anais Bussieres McNicoll, director of the fundamental freedoms program at the Canadian Civil Liberties Association, warned that even disruptive protests are protected under the Charter of Rights and Freedoms. It remains unknown whether the courts will prioritize the province's goal of "barrier-free access" over the constitutional right to peaceful assembly, and Kerzner himself admitted he is uncertain about the potential for successful constitutional challenges.
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