A summary of Brampton's protests near places of worship ban & it's implications for Mississauga

Mississauga is considering following suit after Brampton and Vaughan after they passed bylaws that bar protests within 100m of places of worship. The by-laws differ in both cities but are the same at it's core. During a prior council meeting, council asked city staff to look into the feasibility of a similar law in Mississauga following a motion (Resolution No. 0233-2024 on November 13, 2024) by Mississauga Ward 7 Coun. Dipika Damerla.

Last week, the city solicitor presented their report to Council. You can view the report here (pg. 6)

Here's a quick summary of how Brampton's law work to give some insight to what something in Mississauga could look like, along with how community advocacy groups who submitted letters to both cities feel:

What does the By-law cover? (Brampton):

You can view the by-law here

• The By-law defines protests that are under this By-law as "Nuisance Demonstration"
• Nuisance Demonstration" is a protest in which one or more people are expressing views on any issue in any medium where the goal is intimidate people, block access, or cause safety concerns. It also applies to protests where it isn't the goal
• Nuisance Demonstration" is a protest that is within 100m of a place of worship
• Holds organizers liable for their role in the protest.
• If an protest turns into a "Nuisance Demonstration" against their wishes, they are still responsbile
• Organizers can also be fined for their role in "Nuisance Demonstration"
• Protests against foreign governments are exempt
• It is not intended to prohibit peaceful gatherings, protests or demonstrations
• Protest-goers can be fined for taking part in a "Nuisance Demonstration"
  • If they didn't know they were part of a "Nuisance Demonstration", they can still be charged
  • If they didn't take part in the actions that define "Nuisance Demonstration" or did not intent to, they can still be charged
• Fines can be anywhere from $500 (min) to $100,000 (max)

Brampton's By-law has received criticsm from The Canadian Civil Liberties Association, The Coalition of North American Hindus, and The Ontario Gurdwaras Committee (in a letter directed to Mississauga City Council)

What are they all saying?

This is a neutral take on the input provided. The author took efforts to cut out bias, and does not hold a stance on any input mentioned hoping to spread information

The Canadian Civil Liberties Association belives that it might breach the charter, and can curtail free speech. It also mentions how Brampton's by-law is broad and vague, and needs to be more well-defined. It doesn't differentiate much between peaceful and "Nuisance Demonstration. They argue that intimidating comments or discriminatory comments fall under the "awful but allowed" section of freedom of speech and expression. In their letter to Brampton City Council, they also expressed concern how it leaves it up to the police to make subjective choices about the nature of a protest, and worried about how it might be applied to peaceful protests. They recommend specfic amendments to fix the issues, and create a more fair by-law

The Coalition of North American Hindus expressed concerns how there's a loophole (in their view) that allows protests against foreign governments and how the By-law does not adequately protect religious minorities, and what it deems violence against Hindu communities.

The Ontario Gurdwaras Committee expressed disappointment how the Brampton by-law was created and passed without input from the Sikh community. They also defend the nature of the protests that occurred calling them peaceful and that they were not directed at the Hindu diaspora, rather the activites beind held by Indian Consular diplomats. It asks Mississauga to reconsider how the motion is phrased, and the implications it may cause.

The City Solicitor expressed caution to City Council and mentioned that any implementation of this by-law should involve community input, as well as input from experts, along with more research into the implications itself.

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