Draft By-law to strengthen protection of peace, access, safety, and sense of security in Westmount (while ensuring rights of protesters consistent with the Canadian Charter of Rights):

DRAFT BY-LAW

“Public Order and Sensitive Sites Protection By-Law”

(City of Westmount — Draft for Council Discussion, November 2025)

Title and Purpose

This by-law may be cited as the “Public Order and Sensitive Sites Protection By-Law.”

Its purpose is to:

  • maintain public order and safety near sensitive community and diplomatic sites;

  • prevent harassment, intimidation, or obstruction of residents and visitors; and

  • ensure the right to peaceful assembly is exercised in a manner consistent with the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms.

Legal Authority

This by-law is enacted pursuant to the powers granted to municipalities under:

  • Cities and Towns Act (R.S.Q., c. C-19),

  • Police Act (R.S.Q., c. P-13.1), and

  • section 410 and related provisions governing peace, order, and public safety within municipal limits.

DEFINITIONS

For the purposes of this by-law:

  • “Demonstration” means any organized or spontaneous assembly, march, rally, or protest of more than 5 persons in a public space for the purpose of expressing political, social, or religious views.

  • “Harassment” means verbal, written, or physical conduct directed at a person or group that is threatening, abusive, or intended to cause fear, humiliation, or intimidation, including discriminatory or hate-motivated language.

  • “Sensitive Site” means any of the following located within the City of Westmount:

    • an embassy, consulate, or official diplomatic mission;

    • a place of worship;

    • a school or childcare facility;

    • a hospital or seniors’ residence;

    • a residential property entrance located within 50 metres of a diplomatic mission or place of worship.

  • “Buffer Zone” means the area extending 50 metres in every direction from the property line of a Sensitive Site.

  • “Public Safety Officer” includes members of the SPVM and City of Westmount Public Safety personnel acting within their jurisdiction.

General Prohibitions

Harassment and Intimidation
No person, during or in connection with a demonstration, shall engage in harassment or intimidation of any individual, whether by words, gestures, or actions, within a public space in Westmount.

  1. Blocking Access
    No person shall obstruct or impede access to any building entrance, driveway, sidewalk, or public thoroughfare adjacent to a Sensitive Site.

  2. Conduct within Buffer Zone
    Within a Buffer Zone, no person shall:

    • shout insults, epithets, or slurs directed at identifiable individuals or groups;

    • display signs, symbols, or materials that incite hatred or violence;

    • use amplification devices (megaphones, loudspeakers) exceeding 65 dBA measured at the property line;

    • approach within 5 metres of any person entering or leaving the Sensitive Site for the purpose of confrontation or persuasion.

  3. Exemptions

    • Lawful passage through the zone, private property access, or peaceful expression not directed at individuals (e.g., stationary protest across the street) remain permitted.

    • Authorized parades or demonstrations with SPVM-approved route plans are exempt provided compliance with conditions.

Enforcement Powers

Public Safety Officers may:

  • order individuals violating this by-law to disperse or relocate outside the Buffer Zone;

  • issue an infraction notice specifying the offence, location, and time;

  • request SPVM intervention for arrest if conduct constitutes an offence under the Criminal Code.

  1. Officers may request identification for issuance of citations.
    Failure to comply constitutes an additional offence.

  2. The City may also choose under its allowed jurisdictions to issue permits for protests, and include in consideration of such permits past protests and observed or documented conduct, infractions and potential infractions. Permits may not be unduly withheld but the City may consider frequency, duration, and location in light of past protest group conduct. 

Penalties

Harassment / intimidation
First offence: $500–$2,000
Subsequent offence: $1,000–$4,000

Blocking access
First offence: $300–$1,000
Subsequent offence: $600–$2,000

Violation within Buffer Zone
First offence: $400–$1,500
Subsequent offence: $800–$3,000

Refusal to comply with officer direction
First offence: $500–$2,500
Subsequent offence: $1,000–$5,000

Each day or incident constitutes a separate offence.
Corporations or organized groups may be fined up to $10,000 per incident.

Injunction and Cumulative Remedies

The City may apply to the Superior Court of Québec for an injunction to restrain or prevent repeated violations.
Prosecution under this by-law does not preclude criminal charges or civil action.

Severability

If any provision of this by-law is declared invalid by a court, the remainder continues in force.


Coming into Force

This by-law shall come into force upon publication in accordance with the Cities and Towns Act.

Implementation Notes (non-statutory guidance)

  • The 50-metre buffer is modeled on prior judicially upheld safe-access zones (e.g., abortion-clinic cases).

  • Enforcement must remain content-neutral — the by-law targets conduct (harassment, obstruction, noise), not viewpoint.

  • Prior to adoption, the City should:

    • obtain a constitutional opinion from external counsel;

    • consult the SPVM Hate-Crimes Unit and community stakeholders;

    • integrate provisions with existing Noise and Nuisance by-laws to avoid overlap;

    • conduct a public notice and consultation period to strengthen defensibility under Charter s.1 (“reasonable limit”).