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A Winnipeg plan to restrict protests near places like schools, hospitals and cultural centres has drawn opposition from groups and individuals who say the proposed bylaw threatens free speech and could hold back social change.

The Safe Access to to Vulnerable Infrastructure Bylaw would prohibit “nuisance protests” within 100 metres of a variety of designated locations. It defines nuisance protest as anything that involves expressions of disapproval of a person, group or idea based on specified characteristics.

It also includes any protest that blocks access of people or vehicles, or uses amplifiers or microphones without a city permit. The bylaw would not apply to legal labour activities related to a dispute or collective bargaining.

Charleswood-Tuxedo-Westwood Coun. Evan Duncan put forward a motion calling for city staff to draft the bylaw in September, arguing certain spaces should be protected, “given the potentially vulnerable populations that they serve.”

Mayor Scott Gillingham’s inner circle will discuss the proposal at the executive policy committee meeting next Tuesday. It requires approval from city council before taking effect.

Supporters say the bylaw is meant to ensure people can access public places without fear or intimidation, but the plan also drew swift opposition, with posts shared on social media urging people to push back.

On Thursday, the Social Planning Council of Winnipeg and other groups organized a meeting at West End Commons to plan a response. 

Kate Kehler, executive director of the Social Planning Council of Winnipeg, said protest is deeply rooted in the city’s history.

“We are the home of the [1919 Winnipeg] General Strike,” she said. “Protest is definitely part of our DNA.”

At the meeting on Thursday evening, speakers warned the bylaw would effectively outlaw any protest within a wide area of the city. 

“We’re terribly concerned about the threat it poses not just to protest, but to public gatherings of all types,” said Cam Scott, one of the event organizers. 

A man is standing and smiling, looking at the camera. A piece of paper is taped to bulletin board behind him. On it are the words: "How do we sway councillors to vote against this by-law?"
Cam Scott helped organize a meeting at West End Commons to plan opposition to a proposed City of Winnipeg bylaw that would ban protests within certain areas of the city.
(Cameron MacLean/CBC)

Although the bylaw makes an exception for legal labour disputes, Scott said it could be used against secondary or solidarity strikers. He also questioned how some traditional Indigenous forms of protest, such as round dances, would be affected. 

Kehler questioned how the city would determine what qualifies as a nuisance protest.

“Obviously that language is very odd, because you don’t protest to not get attention,” she said.

“How are they going to define what a nuisance protest is? Who’s going to be the arbiter of that?”

Focus on intimidation: Duncan

Coun. Duncan said in an interview Thursday the proposal is focused on intimidation — not peaceful protest.

“This does not eliminate protesting on an overall basis,” Duncan said. “People will still be able to protest.”

“What this does address is that people that use these city spaces will be able to use them without fear of intimidation, without being harassed,” he said.

Duncan said if a protest is not intimidating anyone, it would not fall under the bylaw.

“If there is no intimidation, if people are not scared to visit these spaces, then there’s no problem,” he said.

For those opposing the proposal, Duncan said he has questions about their motivations.

“I would like to know what protest they plan on attending that involves targeting someone’s race, somebody’s religion, somebody’s sexual orientation, certain schooling methods,” he said. “Because that sounds like what the opposition would be — that they like to intimidate people.”

Kehler argued police already have tools to address harmful behaviour at demonstrations. Manitoba has legislation creating a buffer zone of at least 50 metres around facilities whose main purpose is to provide abortions.

“We already have hate legislation,” she said. “We have legislation that prohibits incitement of violence or committing violence. We have the laws that we need.”

Kehler said the bylaw, if passed, “will curtail free speech and it will curtail our ability to create change and create momentum.”

“We don’t get change in society when everybody is comfortable,” she said.

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