Protecting Vulnerable Social Infrastructure By-law

During the May 22, 2024 Council meeting, Vaughan Council unanimously approved a Member’s Resolution (PDF) brought forward by Mayor Steven Del Duca directing staff to draft a by-law that prohibits demonstrations of a nature that intimidate, incite hatred, violence, intolerance or discrimination within 100 metres or within a reasonable distance of a religious institution, school, childcare centre, hospital or congregate care facility (e.g. assisted living facility).

Although hate crimes have been an ongoing concern in communities across the Greater Toronto Area, recent and ongoing international events have heightened tensions and increased incidence levels in Vaughan and around the world. Public protests have also escalated and raised concerns over the potential of heightened violence, intimidation and disrupted access to key social infrastructure. The City of Vaughan is committed to fostering a community that is inclusive, accessible, respectful and safe for everyone. The City continues to prioritize public safety for everyone who lives in, works in and visits Vaughan.

The by-law is not intended to prohibit peaceful gatherings, protests or demonstrations, including any such activities that occur as part of a labour union strike. The Protecting Vulnerable Social Infrastructure By-law prohibits anyone from organizing or participating in a nuisance demonstration within 100 metres of the property line of any vulnerable social infrastructure, such as a place of worship, school, childcare centre, hospital or congregate care facility.

The by-law is intended to protect everyone in Vaughan – all while balancing the fundamental importance of freedom of expression and freedom of assembly, with the safety and well-being of community members accessing vulnerable social infrastructure. 

The Protecting Vulnerable Social Infrastructure By-law prohibits anyone from organizing or participating in a nuisance demonstration within 100 metres of the property line of any vulnerable social infrastructure, such as a place of worship, school, childcare centre, hospital or congregate care facility.

The by-law also gives the Deputy City Manager, Community Services, or designate, authority to close any roadway (including, boulevard, sidewalk, trail or pathway) or public place (including facility, park or parking lot) and redirect vehicular or pedestrian traffic when necessary to ensure the health, safety and well-being of individuals.

Under the Protecting Vulnerable Social Infrastructure By-law, a nuisance demonstration includes one or more people publicly protesting or expressing views on an issue in any manner – whether intended or not – that causes a reasonable person, on an objective standard, to be intimidated meaning that they are either concerned for their safety or security, or unable to access vulnerable social infrastructure. Examples of behaviours that could be intimidating include, but are not limited to, actions or expressions that incite hatred, violence, intolerance or discrimination.

When deciding whether a reasonable person would be intimidated by a demonstration, enforcement staff will make a case-by-base assessment having regard to the objective facts and also what prior court decisions have said about what a “reasonable person” is. Not all instances of individuals stating they are intimidated will necessarily lead to by-law enforcement. Enforcement staff will use best efforts to enforce the by-law and minimally impair individuals’ Charter rights.

Under the Protecting Vulnerable Social Infrastructure By-law, vulnerable social infrastructure means a childcare centre, a congregate care facility, a hospital, a school or a place of worship.

The maximum fine associated with violating the Protecting Vulnerable Social Infrastructure By-law is $100,000.

The City’s by-law officers and YRP officers have authority to enforce the Protecting Vulnerable Social Infrastructure By-law. The City works collaboratively with YRP, other organizations and all levels of government to ensure community safety.

Under the Canadian Charter of Rights and Freedoms, individuals have a fundamental right of freedom of expression and freedom to protest and demonstrate peacefully. Such expression is an important element of democratic society. Canadian courts have established these fundamental rights have limits and, as such, there is a need to reasonably and responsibly balance the rights of freedom of expression and freedom of assembly with the health, safety and well-being of individuals.

The Protecting Vulnerable Social Infrastructure By-law is intended to protect all people in Vaughan – all while balancing the fundamental importance of freedom of expression and freedom of assembly, with the safety and well-being of community members accessing vulnerable social infrastructure.

The Protecting Vulnerable Social Infrastructure By-law is not intended to prohibit peaceful gatherings, protests or demonstrations, including any such activities that occur as part of a labour union strike.

The City is the first municipality in Canada to have a standalone by-law that prohibits nuisance demonstrations near vulnerable social infrastructure.

For questions, clarifications or concerns about suspected nuisance demonstrations, contact Service Vaughan at 905-832-2281 or service@vaughan.ca. You can also call YRP’s non-emergency number at 1-866-876-5423. In case of emergency, call 9-1-1.

In a recorded vote, Vaughan Council unanimously approved the Protecting Vulnerable Social Infrastructure By-law at the Council Meeting on June 25, 2024.

Yes, members of the public had the opportunity to speak to Council at the June 18, 2024 Committee of the Whole (2) meeting, either in person or via teleconference. They could also submit written feedback by email or in person.