Toronto's 'bubble zone' bylaw to block protests outside certain spaces to be delayed indefinitely

Toronto's plan to create "bubble zones" to block protests outside vulnerable institutions like faith-based schools and places of worship has been delayed indefinitely, CBC Toronto has learned.

The new bylaw, sought by councillors following a wave of protests largely spurred by the Oct. 7 attack on Israel and the resulting war in Gaza, was supposed to be ready by the end of March. But city staff now say they can't meet that deadline, as they seek further public input, according to a letter from city manager Paul Johnson.

Coun. James Pasternak, who represents a ward with one of the city's largest Jewish populations, said he's fed up with the delay. 

"People are fearful," said the York Centre councillor. "I don't think there's a recognition of the crisis that's engulfing the city."

Toronto police reported last October that officers responded to more than 1,500 demonstrations in the wake of the Oct. 7, 2023 attack, but didn't specify how many took place near schools or places of worship.

Hate crime statistics released by police in June found Jewish people were targeted in 45 per cent of cases — the most of any community, though some other groups have pointed out incidents against them can often go underreported due to a mistrust of police that keeps victims from coming forward.

Last December, Pasternak and city council passed a motion calling on city staff to come up with a bylaw to limit where demonstrations can be held in a bid to protect vulnerable members of the public from harassment and hate. 

He said he's upset staff haven't offered an estimate on when the draft bylaw will be ready.

Johnson declined an interview for this story, but said in a statement that city staff "will report back to Council in a timely manner once the public consultation is completed."

Civil liberties group among those critical of city's plans

While Toronto prepares to hold public consultations, certain other municipalities have already passed similar bylaws. But some groups are critical of the proposal, arguing they infringe on the right to protest and on freedom of speech.

The Canadian Civil Liberties Association says the proposed "bubble zones" unreasonably limit the public's right to demonstrate.

"The essence of bubble zone bylaws is to restrict undesirable protests near certain social infrastructure," Anais Bussieres McNicoll, a lawyer with the CCLA said. "These types of bylaws directly target and infringe on freedom of expression and peaceful assembly."

McNicoll said the CCLA is planning to register a formal complaint with the city. 

Jack Copple, of the Toronto and York Region Labour Council, pointed out in a letter to the city in December that many of the activities the proposal is meant to target — like destruction of property, and violence — are already illegal.

"Granting extra powers to police and bylaw officers will… only serve to undermine and weaken Canadian democracy," Copple's letter says.

Pasternak said although he understands objections to the proposed bylaw, "You have to protect the rights of others to enter their place of worship, or their faith-based school. It's a balance of rights."

Calgary and Vaughan, Ont., have already implemented bubble zone legislation, according to a city staff report. Mayor Steven Del Duca oversaw Vaughan's bylaw, which was was drafted and passed by council in seven weeks in early May, 2024 following several demonstrations that took place in Thornhill outside a synagogue.

The bylaw features penalties of up to $100,000.

Del Duca said the protests were "a wake-up call that requires a call to action to protect vulnerable social infrastructure here in our community and to protect the individual residents who use that infrastructure."

Pasternak said he'd be fine with staff using the same legislation.

"If they want a shortcut, cut and paste from the City of Vaughan, which put theirs in months ago."

Synagogue executive supports idea

Steve Bloom, an executive member at the Pride of Israel synagogue, near Steeles Avenue West and Bathurst Street, said a bubble zone bylaw can't come soon enough and would protect not only Jewish communities but other groups as well.

A representative from BAPS Swaminarayan Sanstha Canada, a global Hindu organization, sent a letter to Mayor Olivia Chow and city councillors in December saying the bylaw is needed in the face of "increasing challenges posed by hate-motivated actions."

Bloom said his synagogue has been targeted twice in less than a year.

"It's become very sad here in the city with what's going on," he said.

"We try to open our doors to everybody, but now we have to lock them because of the fear it has put into people."

Bloom said before an event last summer — which was disrupted by protesters — the synagogue had to bring in metal detectors, police and private security guards.

Jews Say No to Genocide, which organized a protest outside Pride of Israel last summer, said it's against the proposed bylaw. Louise Smith, one of the group's members, issued a statement calling the proposed bylaw a "direct attack on free speech and the right to protest."

"Public spaces belong to the people, not politicians looking to avoid dissent," Smith said. 

CBC Toronto reached out to several other pro-Palestinian groups for their thoughts on the proposed bylaw, but they have either declined to comment or not yet responded to calls and emails.