A proposed bylaw to limit “nuisance” protests is expected to be shelved Tuesday after the city councillor who pushed it forward said he changed his mind in the face of public feedback, including some criticism he described as “misinformation.”
“We need communication on this to be better. I don’t think it’s appropriate to try to sort this out on the fly. I’ve discouraged my council colleagues from doing that for other motions, so I don’t want to be hypocritical,” Coun. Evan Duncan (Charleswood-Tuxedo-Westwood) said Monday.
Duncan said he has the support of Winnipeg Mayor Scott Gillingham and fellow members of the mayor’s executive policy committee to shelve the proposal for a Safe Access to Vulnerable Infrastructure bylaw.
MIKAELA MACKENZIE / FREE PRESS FILES
Coun. Evan Duncan (Charleswood-Tuxedo-Westwood)
The proposed bylaw sought to ban “nuisance” protests and intimidation within 100 metres of schools, places of worship, hospitals and other “vulnerable social” locations. But the controversial plan prompted outcry from critics who worried it would amount to a violation of the charter right to peaceful protest.
Duncan said that was never his intention.
“It’s important in this process that the community is heard, and I think that’s what has happened here. I think there’s a lot of misinformation out there right now about what this proposal was going to cover. At no point in time was it ever my intention to ban peaceful protests,” he said.
He suggested federal hate speech legislation, including Bill C9, may be broad enough to cover off the concerns he sought to address in the bylaw.
The proposed bylaw, which was recommended by the municipal public service based on Duncan’s motion, is set to be discussed at an executive policy committee meeting Tuesday. Prior to Duncan’s reversal, the proposed bylaw had been backed by the mayor and headed to a city council vote on Feb. 26.
Instead, Duncan said he will ask for the proposed bylaw and its accompanying report to be received as information only. More than 100 people — the majority of whom oppose the bylaw — are registered to speak during public delegations at Tuesday’s meeting. Those delegations are still expected to proceed, Duncan said.
“The intention was to focus on intimidation and creating safe spaces for all Winnipeggers. That’s the simplest way to put it, and I’ve done my best to communicate that to everyone who’s emailed me,” he said, adding some are still spreading “misinformation” about the intent of the bylaw.
“Completely false information, but it’s grown legs and now it’s running, and I don’t want to move forward with something unless the community understands what exactly it is and who exactly stands to benefit from it — and those people, in my mind, first and foremost, are children, seniors frequenting health-care facilities and people going to places of worship,” Duncan said.
“That was my focus with this, and unfortunately, that is not what has been widely communicated by those that clearly haven’t read the report.”
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A rally in opposition to the proposal is still planned to go ahead “despite Duncan’s walk-back” outside city hall Tuesday, organized by community groups who have called the proposed bylaw anti-democratic.
Coun. Sherri Rollins (Fort Rouge-East Fort Garry) said it’s critical for members of the public to have their voices heard on this issue. She issued an open letter Monday following Duncan’s comments, writing: “This is not good governance. It is agenda chaos. These questions go to the heart of public trust.”
Rollins said the public should still have questions about why city hall was, without meaningful public engagement, “prepared to quickly enact one of the broadest safe access bylaws in the country.”
“This should not be the public’s last word. The public should be standing up, not sitting down at this time,” Rollins said.
As of last Friday, there were 119 individuals registered to speak in opposition to the proposed bylaw and two people registered to speak in support of it at Tuesday’s meeting.

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