The Canadian Constitution Foundation has filed a Notice of Application with the Ontario Superior Court in Kitchener seeking to quash an amendment to the Region of Waterloo’s Code of Use By-law, which infringes the constitutional freedoms of expression and peaceful assembly, and is beyond the powers of the Region to enact.
Harassment is defined in the by-law as “experiencing objectionable or unwelcome conduct, comment, bullying, or actions that could reasonably cause offence or humiliation, including conduct, comment, bullying, or actions because of race, religious beliefs, colour, disability, age, ancestry, place of origin, martial status, source of income, family status, gender, gender identity, gender expression, sexual orientation, socio-economic status or housing status.”
Anyone who violates the by-law could face a fine of up to $5,000.
This is another important municipal case for the CCF. It’s important that local governments are held accountable to the constitution just as much as provincial governments and the federal government. Canadians are perhaps affected by local laws and regulations the most in their daily lives, and it’s simply too common these days to see local councils overreaching in a number of areas.
The CCF is represented in this application by Kristopher Kinsinger of SmithValeriote LLP and CCF Counsel Josh Dehaas. We are currently awaiting a court date.
Waterloo Region’s unconstitutional ‘harassment’ bylaw
CCF Launch: October 1, 2024
Jurisdiction: Ontario
Status: Ongoing
Next Key Date: TBD
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