Big court costs possible if city keeps protests away from places of worship in Mississauga

The city could face “significant legal costs” and enforcement challenges should council adopt a new bylaw to keep potentially disruptive protests away from places of worship in Mississauga.

That’s one message city solicitor Graham Walsh delivered to Mississauga councillors in a report to be discussed at next Wednesday’s general committee meeting.

City of Mississauga councillors have been grappling with the matter for more than six months now and last December directed Walsh to study the issue further and report back with his findings.

Following outbreaks of violence during protests in both Mississauga and Brampton early last November, a Nov. 13 decision by Mississauga city council directed municipal staff to “consider the feasibility of implementing a bylaw that prohibits demonstrations within 100 metres, or within reasonable distance, of places of worship at the earliest possible time.”

Other municipalities have adopted bylaws

The City of Brampton, which at the time was considering a similar move, enacted a bylaw the following week when on Nov. 20 council there approved new rules that will see anyone who protests at a place of worship subject to a fine of up to $100,000.

Vaughan has also put a bylaw in place that prohibits “nuisance demonstrations” from taking place near places of worship, Mississauga officials said earlier this year, adding Calgary has taken similar steps to create “buffer zones” around “sensitive locations” such as places of worship, schools and hospitals.

And in late May, noted Walsh, the City of Toronto amended an existing bylaw to provide more protection for “vulnerable institutions such as places of worship, faith-based schools and cultural institutions.”

In his most recent report prepared for Mississauga councillors, Walsh identified two options for them to consider:

• maintain the city’s current approach and advocate for legislative change
• direct staff to develop a draft bylaw to address “violent and/or disruptive protests” taking place near places of worship in Mississauga (staff to report back in the fall)

With respect to the second option, the city solicitor noted in his report “a key consideration is the possibility of a legal challenge. The city may be subject to a court application asserting that such a bylaw constitutes an unreasonable infringement on the rights to freedom of expression and peaceful assembly, as protected under the Canadian Charter of Rights and Freedoms. Defending such a bylaw in court could result in significant legal costs for the city.”

Walsh added enforcing any new bylaw that governs protests would also present a host of “enforcement-related challenges.”

Seeking “the right balance”

Mississauga officials said earlier this year they’re looking “to find the right balance, ensuring residents can express their views peacefully while maintaining public safety, security and access to places of worship.”

In the past several months, they’ve consulted legal experts, affected community groups, faith leaders and the public as they considered the matter.

“The city will not interfere with protests as long as gatherings remain peaceful and comply with all laws and bylaws,” officials said earlier this year. “The public also has the right to safely access community spaces without fear of violence or intimidation. Under the Canadian Charter of Rights and Freedoms, people have the right to peacefully assemble, but this right must be balanced with the right to worship and visit places of worship in peace and security.”

In a report to councillors last December, Walsh advised proceeding “with caution.” He noted the bylaw passed by the City of Brampton “was met with written criticism by the Canadian Civil Liberties Association and the Coalition of Hindus of North America.”

Mississauga Ward 7 Coun. Dipika Damerla tabled the initial motion last Nov. 13 calling for demonstrations to be kept farther away from places of worship.

He added those letters “are informative and highlight the need to proceed with caution when considering bylaws that may restrict the freedom of expression and the people’s right to use public spaces.”

Additionally, the city solicitor’s December 2024 report noted the opposition Mississauga’s proposed bylaw recently received from the Ontario Gurdwaras Committee, a group representing some 20 Sikh places of worship in Ontario and Quebec.

The initial motion was brought forth last Nov. 13 by Mississauga Ward 7 Coun. Dipika Damerla, who said she did so with an eye toward keeping people safe and free from intimidation as they attend places of worship in Mississauga. Protests, even relatively peaceful events, are on the rise across the region, she added.

Damerla said she wished “we didn’t have to bring this motion forward … I’m the last person who wants to put any kind of limitations on Charter rights (to protest peacefully). But we are doing this … for faith communities of all sorts.”