The city Planning Committee approved a motion Tuesday to direct staff to investigate the possibility of a city bylaw to prohibit protests at places of worship. The motion carried 10-1, so it is likely that the full 16-member council will approve it next week.
The motion, from Ward 1 Councillor Maureen Wilson, directed staff to prepare a report by the end of March “on the feasibility of the City of Hamilton adopting and enforcing a by-law to prohibit protests at Places of Worship and their facilities—all while balancing the fundamental importance of freedom of expression and freedom of assembly, with the safety and well-being of community members accessing these places of worship and their facilities.”
Wilson said that the right to protest is a cornerstone of Canadian democracy and people have the right of free expression and peaceful assembly. People also have a right to worship. She said if people coming to a place of worship were met with protestors and felt intimidated, preventing them from worshipping, was there something the city could do so they could feel safe in exercising their faith? She emphasized that she was not suggesting all protest was extreme but there have been extreme incidents in the city. She said Ottawa, Toronto, Mississauga, Brampton and Calgary have enacted or are studying such measures.
Ward 8 Councillor John-Paul Danko said places of worship are often centres for vulnerable and racialized communities and we have seen hateful protests focused on places of work. There have been calls for action to deal with hate in this city and he felt council had an obligation to study possible steps to protect worshippers.
The only person to oppose the motion was Ward 2 Councillor Cameron Kroetsch. He said he has seen hate and has had heard calls to deal with hate, but he did not think the city should prohibit the right to protest. If there is illegal activity, such as hate speech or inciting violence, it’s the responsibility of the police, not council, to deal with.
Ward 13 Councillor Alex Wilson supported the motion to get information but said he did not think he would support any such bylaw. He thought the appropriate response to the problems described would be to provide more direction to staff in enforcing the city’s nuisance bylaw, or to amend the nuisance bylaw, to deal with problems everywhere, not just at specific places. He also noted that places of worship often allow their facilities to be used to host speakers that some people might object to.
Ward 9 Councillor Brad Clark said there has been obstruction of access to churches and synagogues. The city wants to ensure all faith groups can carry out their roles.
Ward 15 Councillor Ted McMeekin said he attends a church that supports social justice and it has seen protests around gay ministers and residential schools. Some people might see those protests as hate, while others see them as advancing social justice. He wondered how that would be enforced. But he supported getting information from staff.