Ontario briefly considered flag-burning law — then abandoned it after internal pushback

Global News

5 days ago

A planned law that would've mandated the flying of the Ontario flag at all provincial buildings and banned the desecration of the Canadian flag has been scuttled by the Ford government, Global News has learned, after members of the Progressive Conservative caucus questioned the necessity of the bill.
Multiple sources told Global News the proposal, spearheaded as part of a patriotism push by Minister of Citizenship and Multiculturalism Graham McGregor, would have potentially violated the Canadian Charter of Rights and Freedoms and may have faced court challenges.
The proposal was scheduled to be discussed at Ford's cabinet on May 21 – Ontario's Flag Day – but was pulled from ministers' briefing materials shortly before cabinet convened.
In a brief interview with Global News, McGregor confirmed that his ministry 'won't be tabling any legislation this spring session' but said the intent behind the measure was to 'promote unity' in the province and country.
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'We live in the best province, the best country in the world, so we're looking at options,' McGregor said. 'But as far as internal deliberations, caucus, cabinet, etc., I just don't have a comment to share.'
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Sources told Global News the law would have made it mandatory to fly both the Ontario and Canadian flags at all government of Ontario buildings, in effect creating the need for a secondary flagpole to accommodate the provincial banner.
The proposal wouldn't have applied to schools, hospitals or facilities only funded by the Ontario government.
While some sources said the law would have also included language that would allow for other flags, such as the Pride flag, to be flown, others in government expressed concern that mandating the Ontario and Canadian flags would have effectively prevented other flags from being recognized.
The legislation, however, would also have created a new provincial offence for anyone caught desecrating or burning the Canadian flag with fines of between $500 and $1,000 for repeat offences.
There are no specific Canadian laws against burning, shredding, stomping or spitting on the flag, according to criminal defence lawyer Jonathan Pyzer.
In addition to making desecration a provincial offence, Ontario's proposal would have also given a police officer the right to demand the identification of an individual caught burning a flag, with potential arresting powers if they failed to provide ID.
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Progressive Conservative insiders told Global News the proposal received a lukewarm response when it was presented to caucus, with some questioning the need for such a proposal and others casting it as an unnecessary distraction.
Some sources believed the measure would also be unenforceable and run the risk of pitting police against the Canadian constitution's free speech provisions.
In caucus, sources said, some MPPs likened the measure to the government's controversial COVID-19 policy in 2021, which empowered police to conduct random checks in an effort to enforce the province's stay-at-home orders.
Those measures, which triggered intense public backlash, were rescinded within 24 hours after police forces publicly rejected the powers.
While McGregor didn't address the internal disagreements about the legislation, he suggested his ministry might look at other measures to rally around the Canadian flag.
'What I will say is regarding defending the flag, defending the Ontario and the Canadian flag, we're always looking at opportunities on how we can promote that better,' McGregor said.