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Why are anti-lockdown protests allowed to go ahead? Safety and charter rights, says head of city’s bylaw department

Brendan Adair says people have a right to protest peacefully, and the risk to a handful of officers from a large crowd can make direct intervention risky
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A sign from the Freedom Rally on March 20 in downtown Sudbury.

The anti-lockdown protest staged March 20 and the upcoming one planned for March 27 has both angered many people and garnered support from many others.

Those who don’t support large public gatherings have expressed frustration and confusion as to why public health officials, city bylaw officers and police allow these events to occur when the large number of people they attract, particularly to the March 20 event that drew upwards of 200 people, are a clear violation of provisions under the Reopening Ontario Act

The region remains in the Grey Zone, which limits outdoor gatherings to just 10 people for organized public gatherings.

While Public Health Sudbury & Districts has threatened fines against businesses that have opened in contravention of the rules, when it comes to large public protests, the health unit has not come out against such events. PHSD does encourage those who attend to adopt “COVID-19 safe behaviours” such as social distancing and wearing a mask.

Greater Sudbury Police spokesperson Kaitlyn Dunn told Sudbury.com the role of police isn’t to break up these rallies, but to “ensure public safety and peaceful assembly. The safety of those in attendance and the safety of our officers and CGS By-law Enforcement Officers on scene is paramount,” and to ensure the assembly is peaceful, not to shut it down.

Sudbury.com reached out to Brendan Adair, the manager of security and bylaw services with the city, about the approach officials have opted to take when it comes to these events.

He said it is about balancing people’s charter right to peaceful protest with the need to stop the spread of COVID-19 while ensuring the safety of both officers and members of the public — those participating in a protest and those who may happen to be walking by on the sidewalk.

It isn’t a question of city bylaw officers “permitting” such events to occur, he said.

The city has two bylaw officers on shift at any time and they, along with a handful of police officers plan to be on site for the March 27 event, as they were at the March 20 event.

In a situation where emotions can run high, Adair said it is clearly a safety concern for police and bylaw officers who are seriously outnumbered by protesters. Getting more aggressive by laying charges could turn a high-intensity situation dangerous for the officers on scene, Adair said.

“It’s a safety issue,” he said. “Things can go sideways very quickly.”

But he also said people’s charter rights have to be respected, even in the midst of a pandemic. The approach has been more about encouraging people to protest in a COVID-safe manner and educating participants on the provincial rules.

“We don’t support these events but we do respect people’s rights to protest,” Adair said.

However, he added, participation does open anyone who attends to the possibility of being fined under the Reopening Ontario Act. 

Both police and bylaw officers will be monitoring the event, taking pictures and video and working to identify people for possible fines.

“We respect the right to protest, but under the Act is it clear people shouldn’t be gathering” like they do at these events, Adair said. Those who want to express their opposition to COVID-19 restrictions are encouraged to do so in a safer way, such as car rallies and convoys that have also become popular — as long as participants are driving safely and observing the rules of the road.


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Mark Gentili

About the Author: Mark Gentili

Mark Gentili is the editor of Sudbury.com
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