Bill C100 was recently passed in Ontario as a response to the Freedom Convoy protests in Ottawa. Its stated purpose is to protect transportation infrastructure which is defined in the act as:

(a) any land or water border crossing point between Ontario and the United States,

(b) any airport that regularly accommodates flights directly between Ontario and a country other than Canada and that is prescribed by the regulations, and

(c) any other transportation infrastructure that is of significance to international trade and that is prescribed by the regulations

The act states that:

2 (1) No person shall impede access to or egress from, or the ordinary use of, protected transportation infrastructure, or directly or indirectly cause such access, egress or ordinary use to be impeded, if the impediment has or is reasonably expected to have the effect of,

(a) disrupting ordinary economic activity; or

(b) interfering with the safety, health or well-being of members of the public.

The Bill gives police arrest and property seizure authorities in certain circumstances. Additionally, a driver’s licence can be suspended for 14 days.

The Bill does not prohibit protests but makes it unlawful to negatively affect economic function and public safety.

While it could be argued that this legislation is a deterrent to peaceful assembly the Charter guarantees that right. Bill C100’s main focus is preventing “blockades.” The legislation does not prohibit using vehicles to attend protests or participating in protests. It appears that its main goal is to prohibit “blockades” that may affect protected infrastructure or public safety. At this time, it remains to be seen how this legislation will be enforced. Protests are a guaranteed Charter right, and this act cannot, and does not, infringe upon that right the way it is written. However, we have seen police services frequently act outside their lawful authority numerous times at protests.

The role of the police and the government are to ensure these rights are upheld. Therefore, our public institutions have a responsibility to facilitate alternate ways to allow for protesters to gather. This would include collaborating with organizers, traffic closures, designated parking areas, etc. These are all things that municipal governments had previously done until the peaceful protests in Ottawa. Every year there are road closures for large events Canada wide – the Santa clause parade, gay pride, Caribana, marathons, etc. These events are not a guaranteed charter right, they are a privilege that we enjoy in a free and democratic society. The same can be done to facilitate peaceful protest.

It remains to be seen if Bill C100 will have the intended effect of protecting infrastructure while ensuring that the right to protest is maintained. We may receive answers this weekend when the Rolling Thunder convoy arrives in Ottawa.