Attached below is an open letter I wrote about the Proposed Safe Access to Vulnerable Infrastructure By-law, which the City's Executive Policy Committee will vote on next Tuesday, February 17th. The by-law can be found by clicking on section 7, Appendix B in the table of contents at this link. I also wrote a follow-up article about this issue here.
Next week, the Executive Policy Committee will consider the draft Safe Access to Vulnerable Infrastructure By-law.
This is not a garden-variety regulatory by-law. It is suggestive of a significant shift in how we regulate free speech, protest, and assembly in the City of Winnipeg. It differs dramatically from similar by-laws adopted elsewhere in Canada, particularly in scope and enforcement structure.
It deserves careful public discussion, scrutiny, and engagement. Instead, it was placed on the Executive Policy Committee agenda without prior Council discussion. I am doubtful the Mayor and Councillor Duncan have circulated it. Where other cities are taking nine months, conducting surveys, the City of Winnipeg shouldn’t have less than one business week. I am not leaving this to chance. I am sending it directly to residents and institutions across Winnipeg because those affected deserve to see it and weigh in.
I believe people must be able to access hospitals, schools, places of worship, libraries, and community centres safely and without fear. Intimidation including the anti-trans rallies we have witnessed is unacceptable. Blocking access to healthcare, schools, or places of worship is unacceptable. Inciting violence or hatred is unacceptable.
Winnipeg is the home of the 1919 General Strike. We are a city shaped by labour action, protest, and public assembly. Protests are as foundational as Portage and Main. As a municipality we must be clear on the difference between targeted harassment and peaceful protest and the difference between obstruction and democratic expression.
· The scope of this bylaw is exceptionally broad and ill-defined.
· The definition of “nuisance” raises constitutional concerns.
· The enforcement structure is unclear, and the appeal mechanism is problematic.
The process is rushed. Public announcements occurred before EPC and Council debate. That is not how we should create law in areas touching fundamental freedoms.
Where do we go from here? Voting the by-law down is always an option. Seeking substantial amendments is another.
What is not acceptable is passing a bylaw affecting fundamental freedoms without proper scrutiny, consultation, tailored, and proportionate. There is not sufficient clarity or constitutional care here. There is no evidence of public engagement with the institutions considered ‘vulnerable’.
This draft, in its current form, I cannot support.
I welcome your feedback. I encourage institutions, associations, boards, and community leaders to review the attached by-law and share your perspectives.
This conversation belongs to all of us. Nothing for you without you.
Councillor Sherri Rollins 204 986-5878