Debunking the Myth: Bubble Zones vs. Free Expression
One of the most common misconceptions about bubble zone bylaws is that they somehow infringe on the Canadian Charter of Rights and Freedoms, particularly the right to freedom of expression and freedom of peaceful assembly.
In reality, well-designed bubble zone bylaws do not violate the Charter. In fact, they are expressions of the Charter in action — balancing the rights of individuals to speak and assemble with the rights of others to safety, dignity, and unimpeded access to essential services.
What the Charter Actually Says
The Canadian Charter of Rights and Freedoms protects a range of civil liberties, including:
- Section 2(b): Freedom of thought, belief, opinion and expression, including freedom of the press.
- Section 2(c): Freedom of peaceful assembly.
- Section 2(a): Freedom of conscience and religion.
These rights are not absolute. They are subject to reasonable limits that can be demonstrably justified in a free and democratic society — a principle enshrined in Section 1 of the Charter.
In other words: yes, you can protest — but not anywhere, at any time, in any manner that causes undue harm to others.
Bubble Zones Meet the Legal Test
Bubble zone bylaws are designed with Section 1 in mind. They are narrowly tailored, content-neutral, and time-limited. Courts have consistently upheld them when challenged, especially when the goal is to:
- Protect access to essential health services or infrastructure
- Prevent harassment, intimidation, or emotional harm
- Preserve public order and safety
- Ensure peaceful co-existence in diverse communities
A prime example is the Safe Access to Abortion Services Act in Ontario, which creates protest-free zones around clinics and providers. This law has withstood legal scrutiny precisely because it is reasonable and proportional.
Balancing Rights is a Core Canadian Value
Canada’s legal framework recognizes that rights often come into tension — and part of a functioning democracy is the ability to balance competing rights.
For instance:
- A person has the right to protest.
- Another person has the right to access a clinic, school, synagogue, or cultural centre without fear.
Bubble zones do not silence protest — they simply relocate it to a distance that reduces harm. Protesters still retain:
- The ability to express their message
- The ability to organize peacefully
- The ability to be heard in the public square
What they lose is the ability to disrupt, harass, or impede access — which are not protected forms of expression under Canadian law.
Courts Have Spoken
Canadian courts have routinely sided with municipalities and lawmakers when protective buffer zones are enacted responsibly. Notably:
- In R. v. Spratt (2008), the British Columbia Court of Appeal upheld a bubble zone around an abortion clinic, ruling that the law struck an appropriate balance between expression and public safety.
- In Dobbs v. Jackson, while the U.S. turned in the opposite direction, Canadian courts have reaffirmed a uniquely Charter-based approach to balancing freedoms with protection.
This legal grounding gives municipalities the confidence to enact bylaws that shield vulnerable infrastructure without compromising democratic values.
Bubble Zones Are Constitutionally Sound
A good bubble zone bylaw includes:
- Clear definitions of protected spaces (e.g., within 50–150 meters of certain facilities)
- Specified times of application (e.g., during service or event hours)
- Exceptions for residents, workers, or other essential personnel
- Content neutrality — it applies regardless of protest message or ideology
These features ensure compliance with the Charter — and reinforce the legitimacy of the bylaw if challenged.
✅ Take Action: Support Charter-Respecting Protections
Bubble zone bylaws don’t undermine the Charter — they embody it. They protect rights in balance, ensuring that no one’s freedom comes at the cost of another’s safety or dignity.
Write your Mayor, city councillors and Members of Provincial Parliament and Visit BubbleZones.ca to explore the legal foundations of bubble zones, access sample bylaws, and advocate for Charter-compliant protections in your city.
Freedom and safety are not mutually exclusive — and with bubble zones, we can have both.
