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WINNIPEG – The Canadian Constitution Foundation (CCF) welcomes news that Winnipeg’s draft bubble zone bylaw has been “shelved” following community opposition and a letter from the CCF raising constitutional concerns.

Winnipeg’s “Safe Access to Vulnerable Infrastructure” bylaw would have banned many types of in-person demonstrations within 100 metres of schools, hospitals, places of worship, and other facilities, with fines starting at $500 and rising to $5,000 for repeat violations. The bylaw exempted certain labour-related protest activities, making it a content-based restriction that allowed some protests while banning others.

Last week, CCF Counsel Alexander Surgenor wrote to Winnipeg Mayor Scott Gillingham and City Council warning that the bylaw violated sections 2(b) and 2(c) of the Charter of Rights and Freedoms and that the CCF would pursue litigation if it went forward. On Monday, Councillor Evan Duncan announced the proposal will be received as information and not advanced.

“This proposal would have transformed large portions of Winnipeg into selectively enforced protest-free zones and punished peaceful Canadians with fines simply for expressing their views,” said Surgenor. “That is fundamentally incompatible with the Charter, and we are pleased that this deeply flawed bylaw has been halted and hope it will be abandoned fully.”

Christine Van Geyn, Executive Director for the CCF, said the drafting of the bylaw reflects a broader national trend toward restrictions on expression, like the federal government’s Bill C-9.

“Creating new speech crimes is not the right solution to every social problem, especially when intimidation and harassment are already illegal under the Criminal Code,” said Van Geyn. “The CCF opposes Bill C-9 for these same reasons. We encourage the City of Winnipeg to drop this bylaw outright, and never pick it back up.”

The CCF will continue to monitor developments in Winnipeg and at the federal level, including the status of Bill C-9.