Biased Enforcement Undermines Charter Rights

2025-11-11

Biased Enforcement Undermines Charter Rights

Nov 11, 2025 | Blog, General News

 

Biased Enforcement Undermines Charter Rights

Canadians are looking more and more to protests as a last hope of having their voices heard by our increasingly tone-deaf governments. A troubling pattern of inconsistent and biased enforcement has emerged with it – a new threat to the fundamental protections of our Charter.

From the Freedom Convoy to ongoing pro-Palestinian rallies and more, authorities have applied bylaws and policing tactics unevenly, blatantly favouring certain groups while suppressing others. A selective approach that not only erodes public trust but directly infringes on Charter freedoms that should be upheld equally for all.

The 2022 Freedom Convoy, a singular, organic demonstration by blue collar Canadians, suffered aggressive enforcement. Failures in communication delayed the inevitable, but when action came, it was truly heavy-handed.

The convoy took place over three weeks, beginning January 29th. The noise of concern was honking – with decibel levels similar to that of lawnmowers. An injunction was issued February 7th and protestors complied immediately. With that, the Freedom Convoy was declared a legal protest under Canadian law; a statement further acknowledged in future cases.

Despite this, the decision was made to invoke the Emergencies Act against lawful protestors, as a means of providing authorities the justification for harsher, more aggressive enforcement; a decision that was determined to be both unlawful and excessive.

Ottawa’s auditor general report revealed “inconsistent bylaw enforcement,” with 2,139 tickets issued in the protest’s “red zone,” (including some against residents and media). Roughly 450 of these violations were for excessive noise.

Of these more than 2000 tickets, most have been pursued enthusiastically, with some still being fought in appeal today. Significant jail time and aggressive fines are still being pursued for minor, first-time offences for a protest supporting freedoms and rights shared by all Canadians.

Meanwhile, since 2023, Ottawa has suffered near-continuous pro-Palestinian rallies (352 in 2024 alone) employing loud speakers and megaphones, disrupting traffic and intimidating residents on a daily or weekly basis, all while appearing to be fully protected in their cause by local authorities.

During these protests in late 2023/24, 17 excessive noise tickets, issued for the use of megaphones ($400 each) were canceled by prosecutors citing “public interest” and limited resources.

Clearly, these are among the causes authorities feel are worth protecting.

The majority of Canadians know that preferential treatment is given to certain protest groups. More than 85% of Canadians also view protesting as being fundamental to Canada’s democracy, supporting our Charter values; those of equal protection under the law (s.15), freedoms of expression (s.2(b)) and assembly (s.2(c)).

To safeguard our rights authorities have to apply laws impartially, ensuring protests, regardless of their ideology, face consistent, proportionate responses. Failure to do so risks further erosion of what remains of the democratic fabric of Canada.

We all need to take an active role in standing up for our rights. Write to your members of Parliament – speak up loudly and frequently.

Speak up now, before its too late.

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