Public Safety Minister in potential conflict of interest over planned ‘bubble zone' protests bill

Globe and Mail

4 days ago

The Public Safety Minister will likely have to recuse himself from engaging on another government bill being planned to protect the public because of a potential conflict of interest with a prominent civil liberties group where his wife is a director.
The government is planning a bill restricting protests near places of worship, schools and community centres and making it a criminal offence to willfully intimidate or threaten people going in and out of these venues.
But human rights advocates, including the Canadian Civil Liberties Association, have raised concerns about restrictions on peaceful protest near community spaces, saying non-violent protest, even if it is disruptive, is part of a vibrant democracy.
Public Safety Minister Gary Anandasangaree has asked the federal ethics watchdog to establish a conflict-of-interest 'screen' for interactions with the Canadian Civil Liberties Association. His wife, Harini Sivalingam, is director of equality at the CCLA.
He has already agreed to recuse himself from any interactions with the CCLA over the strong borders bill, which Mr. Anandasangaree is shepherding through Parliament and the civil liberties group has criticized.
The Public Safety Minister, who was born in Sri Lanka and is a Tamil Canadian, has also recently put up an ethics screen around national-security issues related to the Tamil community, including any discussions or decisions relating to Liberation Tigers of Tamil Eelam – also known as the Tamil Tigers – which are outlawed as a terrorist group in Canada.
David Taylor, spokesman for Mr. Anandasangaree, said the justice department, led by Justice Minister Sean Fraser, would take the lead on any forthcoming bill on restricting protests close to certain venues, also known as bubble zones.
He confirmed Mr. Anandasangaree has 'a screen related to his wife and her work. That is through the Ethics Commissioner.'
Conflict-of-interest screens are compliance measures agreed upon by public office holders, including MPs, and the Conflict of Interest and Ethics Commissioner, to help avoid conflicts of interest.
The MP agrees to abstain from certain discussions, decisions, debate or votes to avoid a conflict of interest.
'A screen also seeks to minimize the possibility of conflicts arising between the public duties of the public office holder and their private interests or those of their relatives and friends,' the Ethics Commissioner's website says.
Although Mr. Fraser would take the lead on the forthcoming bubble zone bill, it would be unusual for the Public Safety Minister not to weigh in on public-safety issues, including concerns raised by the CCLA. The civil liberties body has been vocal on bubble zones and has pointed out that existing laws enable the police to deal with violence or threats to public safety.
The bill is likely to address issues such as intimidation or attacks carried out on members of the public during protests, and glorification of terrorist groups.
Jewish groups have been calling for federal 'bubble zone' laws for some time, saying intimidation by protesters of people at schools, synagogues and community centres are a threat to public safety. They also want it to be made a criminal offence to glorify terrorist groups, such as Hezbollah, at protests.
Noah Shack, CEO for the Centre for Israel and Jewish Affairs, said 'safe-access zones are a critical step toward public safety' and 'no one should be attacked or harassed for simply walking into their place of worship, school or community centre.'
'More must be done to protect Canadians and confront the sources of hate, including criminalizing the glorification of terrorism and boosting security for Jewish institutions,' he added.
In Britain, it is a criminal offence to wear clothing or display a banner or flag in a way that suggests support for a terrorist group.
Several municipalities are already introducing their own 'bubble zones' to restrict protest near places of worship, schools and child care centres.
Civil liberties group challenges Vaughan's controversial 'bubble zone' bylaw restricting protests
The CCLA launched a Charter challenge in the courts to a bylaw in Vaughan, Ont., setting out rules for protest activities. The civil liberties group says it severely infringes upon freedom of expression, peaceful assembly and association in a manner that is not justified in a free democratic society.
It says that the police already have powers to protect public safety and do not need a new bylaw.
Anaïs Bussières McNicoll, director of the CCLA's fundamental freedoms program, said she understood that the federal government plans to make it a criminal offence to willfully obstruct access to any place of worship, schools, and community centres; and to willfully intimidate or threaten those attending services at these locations.
'We will need to see the actual bill before taking a more informed position,' she said.
'If the upcoming bill lowers existing legal thresholds and introduces overly broad and vague definitions that allow the police to charge protesters for participating in peaceful protests that some find offensive or disruptive, the government will be venturing into constitutionally dangerous territory.'