An expert specializing in freedom of expression believes that Ontario’s solicitor general is influencing the Toronto police to modify their approach to handling protests for political purposes. The concern arises following a letter issued by Solicitor General Michael Kerzner to the Toronto Police Service (TPS) on December 30, addressing what he perceived as a lack of enforcement in dealing with hate, intimidation, and harassment-motivated offenses during protests in the city.
James Turk, the director of the Centre for Free Expression at Toronto Metropolitan University, expressed apprehension about Kerzner’s intentions. Turk suggested that the solicitor general may be intervening in police operations for political motives, as mentioned in an interview with CBC Toronto.
According to TPS spokesperson Stephanie Sayer, since the Hamas attack on Israel on October 7, 2023, and the subsequent Israeli invasion of Gaza, Toronto police have participated in over 800 demonstrations related to the conflict. Sayer revealed that during this period, officers have carried out nearly 500 arrests and filed over 1,000 criminal charges connected to protests and hate crimes.
The call for stricter regulations on protests has gained momentum, leading to the city council’s implementation of a “bubble zone” bylaw last year, restricting protests within 50 meters of schools and places of worship under specific conditions. Kerzner’s letter resonates with these demands, citing instances like a pro-Palestinian protest at the Toronto Eaton Centre on Boxing Day and ongoing marches in predominantly Jewish neighborhoods near Bathurst Street and Sheppard Avenue W.
Residents have expressed heightened fear and anxiety due to these incidents, feeling constrained in public spaces. In response to criticism of the letter, Kerzner’s office maintained that the communication stands as it was presented.
James Turk emphasized that increasing arrests and charges may not address the complexities involved in balancing public discourse and law enforcement. He highlighted the importance of maintaining democratic principles that allow for legitimate expression, even if some find it offensive or distasteful.
Palestinian human rights activist Bashar Al-Shawwa underscored the significance of upholding public safety while cautioning against framing expressions of opinion as security threats. Al-Shawwa criticized the political undertones of Kerzner’s letter as potentially perilous.
Representatives from the Jewish community, such as Josh Landau from the Centre for Israel and Jewish Affairs (CIJA), emphasized the need for firm enforcement against hate, intimidation, and harassment. However, Turk reiterated that peaceful assembly is a constitutionally protected right in Canada, and police intervention should focus on unlawful activities during protests.
The debate surrounding specific phrases used during demonstrations, such as “globalize the intifada” and “from the river to the sea,” raises questions about their legality and potential as hate speech. Coun. James Pasternak advocated for stricter measures against such expressions, but Turk clarified that in Canada, these phrases are not unlawful unless they directly incite violence or promote hatred against a particular group.
Turk warned against curtailing disruptive yet peaceful protests, asserting that they are vital for upholding democratic values. He cautioned that restricting such expressions could lead to a more authoritarian society, emphasizing the importance of preserving the right to dissent within a democratic framework.
