The League of Rights and Freedoms (LDL) is calling for the repeal of a draft regulation that will “impose unacceptable obstacles” to the right to demonstrate in Quebec.
Posted 2:09pm Updated 2:58pm
The draft decree on safety at gatherings on public roads provides in particular that the organizer of a demonstration “must notify the Service de Police de la Ville de Québec of the date, time and place of departure, the route and the means of transport planned during it Montage” under penalty of a fine of between $150 and $1,000.
This obligation “constitutes an obstacle to the freedom of expression and the right to peaceful assembly protected by the Charter of Quebec and Canada, including the right to demonstrate” and risks “dissuasive effects” on the organization of demonstrations, the LDL affirmed in a press release .
The organization argues that the draft settlement goes “against the spirit” of a 2019 Québec Court of Appeals decision that invalidated a similar provision, particularly because of notification requirements under threat of substantial fines. These “have the effect of making spontaneous and surprise demonstrations and participation in such events, even if peaceful, illegal and in practice prohibited under penalty of criminal penalties,” the Court noted.
However, this regulation, which was issued in the course of the 2012 maple spring, was directed against the organizers, who are the only ones in the current project, against the participants in the demonstrations. Quebec Mayor Bruno Marchand said he was convinced of the legality of the draft ordinance because of that distinction, Le Journal de Quebec reported last week. “The city’s legal services are confident that this statute will be observed,” repeated the mayor’s office in response to questions from La Presse.
“It is by no means the city’s intention to restrict the right to demonstrate,” says Thomas Gaudreault, spokesman for Mayor Marchand. However, it offers no answer to the arguments of the LDL and instead refers to the communications of the city, which at the time of writing had not yet responded to questions from La Presse.
The current draft also stipulates that “any person during a gathering on the carriageway of the public road must obey an order from a police officer who asks them to leave the place where they are for safety reasons”. This provision “gives police forces discretion that can only lead to abuse and arbitrary interference,” the LDL argues.
Finally, the organization regrets that Mayor Marchand and Executive Committee Vice-President Marie-Josée Asselin never responded to an invitation to “discuss existing obstacles to the right to demonstrate in the state capital” launched in the spring last. Mr Gaudreault of the Mayor’s Office assures that they have “reacted very carefully to their demands”.
The draft bylaws will be presented to City Council on Monday evening.