JEREMY’S 11-point action plan for managing protest related harassment & hate incidents in westmount

1 | PURPOSE

To establish clear, legally compliant procedures for the City of Westmount and its Public Safety Department in cooperation with the SPVM West Division to address:

  • harassment, intimidation, or hate incidents occurring in or around lawful protests;

  • protection of residents, businesses, and places of worship near protest zones; and

preservation of the constitutional right to peaceful assembly while ensuring public order.

2 | LEGAL FOUNDATION

    • Canadian Charter of Rights and Freedoms s.2(b)(c) : Protects peaceful assembly and expression, subject to “reasonable limits” (s.1).

    • Criminal Code of Canada: Provides enforcement authority for threats (s.264.1), harassment (s.264), intimidation (s.423), mischief (s.430), causing a disturbance (s.175), and hate propaganda (ss.318–319).

    • Quebec Charter of Human Rights and Freedoms (ss. 4, 10, 10.1): Prohibits discrimination and harassment on grounds of religion, race, ethnicity. Enables complaints to CDPDJ.

    • Cities and Towns Act, CQLR c. C-19: Delegates powers over peace, order, public security, and nuisances.

    • Westmount By-laws (Noise, Nuisances, Public Domain Occupancy, Prevention of Breaches of Peace)*: Permit municipal fines and enforcement for obstruction, noise, disorder, and safety breaches.

3 | operational jurisdiction

    • Primary law-enforcement authority for all criminal offences in Westmount; empowered to arrest, charge, and investigate hate crimes.

    • Non-police uniformed service; observes, reports, documents, and enforces municipal by-laws (noise, nuisance, occupancy).

    • Liaison with SPVM command; responsible for pursuing injunctions, drafting by-law amendments, and reporting to Council.

4 | IMMEDIATE-RESPONSE PROTOCOL (DURING PROTEST)

  • Responsible: Public Safety Officers

    Action: Record time, location, video, and statements of offensive or threatening behaviour.

    Legal Authority: Municipal inspection powers

  • Responsible: Public Safety - SPVM West Division command desk

    Action: Report in real time any conduct fitting Criminal Code s.175 (disturbance), s.264 (harassment), or s.423 (intimidation).

    Legal Authority: Police Act (R.S.Q. c. P-13.1)

  • Responsible: SPVM on-site unit

    Action: Determine if offence threshold met; may order dispersal, warn individual, or detain.

    Legal Authority: Criminal Code; common-law peace powers

  • Responsible: SPVM

    Action: Arrest under s.175 (causing disturbance) or s.264.1 (utter threats); or issue summary ticket.

    Legal Authority: Criminal Code; Code of Penal Procedure.

  • Responsible: SPVM & City Legal

    Action: Secure footage, witness statements, incident reports.

    Legal Authority: Rules of Evidence / Police procedures

  • Responsible: SPVM Hate Crimes Unit (Module 25)

    Action: Assess whether incident meets s.319 criteria (willful promotion of hatred) or hate-motivated aggravation (s.718.2).

    Legal Authority: Criminal Code

5 | Short-Term City Actions (Within 24–72 Hours)

  • Implemented by: Public Safety / Legal

    Description: Issue fines under Westmount’s Nuisance or Noise By-laws for yelling, obstruction, or public disorder.

  • Implemented by: City Legal

    Description: Forward evidence package for potential criminal charge.

  • Implemented by: Public Safety / Communications

    Description: Offer guidance on filing formal police complaints or CDPDJ human-rights complaints.

  • Implemented by: Mayor / DG

    Description: Condemn hate incidents, reaffirm right to peaceful protest, and outline enforcement steps taken.

6 | MEDIUM-TERM LEGAl TOOLS

  • Who initiates: City or affected residents (with City support)

    Purpose: Prohibit protests or individual actors from approaching defined zones (e.g., consulate, synagogues, homes).

    Example use: Used in Québec to protect clinics and religious sites.

  • Who initiates: Council

    Purpose: Require permits for repeat protests, in consideration of past conduct. Create defined 50–100 m no-harassment zones around embassies, consulates, or houses of worship.

    Example use: Must be narrowly tailored and Charter-justified.

  • Who initiates: Council

    Purpose: Explicitly include “yelling insults, abusive language, or harassment directed at persons on public or private property” as nuisance.

    Example use: Enforceable via ticket; non-criminal but deterrent.

  • Who initiates: DG & SPVM Commander

    Purpose: Establish standing coordination protocol for consulate-adjacent demonstrations.

    Example use: Monthly briefings, joint operational plans.

7 | LONG-TERM PREVENTIVE & COMMUNITY MEASURES

  • Include residents, faith groups, Public Safety, and SPVM to review incidents quarterly.

  • Dedicated hotline or app for residents to report harassment during demonstrations.

  • City statement clarifying difference between lawful protest and hate-motivated harassment.

  • Annual report on incidents, tickets, and arrests linked to protests.

  • Cultural-sensitivity and hate-crime identification training for Public Safety staff.

8 | Legal risk management

Ensure all City enforcement actions are content-neutral (targeting conduct, not message).

  • Maintain proportionality — use warnings and fines before physical dispersal unless threats occur.

  • Retain outside constitutional counsel when drafting new bylaws to confirm compliance with Charter s.1 (reasonable-limit test).

  • Coordinate with SPVM Legal & Crown prosecutors to align evidentiary standards for hate-crime or intimidation charges.

9 | Illustrative legal pathways

  • Enforcing body: SPVM

    Primary law applied: Criminal Code s.175 & s.423

    Example: Protester blocks driveway shouting “baby killer” at resident

  • Enforcing body: SPVM

    Primary law applied: s.319 (2) + Noise By-law

    Example: Group chants “Jews out of Canada” through megaphone

  • Enforcing body: SPVM

    Primary law applied: s.266 (assault) / s.264.1

    Example: Protester spits or threatens violence

  • Enforcing body: Public Safety

    Primary law applied: Noise By-Law

    Example: Non-violent but loud 2 a.m. protest

  • Enforcing body: City Legal / residents

    Primary law applied: Civil injunction

    Example: Repeated harassment at same location

10 | next steps for council consideration

  1. Request full legal review of By-laws 1621, Noise, Nuisance, and Public Order — to confirm enforcement scope for protest-related harassment.

  2. Direct DG & City Legal to liaise with SPVM Commander for a standing “protest response plan.”

  3. Adopt Council Resolution condemning hate-motivated harassment and mandating City participation in SPVM’s Hate-Crimes Community Table.

  4. Authorize Legal Services to prepare a draft “Public Order and Sensitive Sites Protection By-law” with buffer-zone provisions.

11 | key contacts

SPVM West Division Command
Poste de quartier 12 (Westmount) – 514-280-0112

SPVM Hate Crimes & Incidents Unit (Module 25)
hatecrimes@spvm.qc.ca

Westmount Public Safety – Duty Supervisor
514-989-5222

City Legal Affairs / Clerk
legal@westmount.org

CDPDJ (Human Rights Commission)
plainte@cdpdj.gouv.qc.ca