Quebec Superior Court Strikes Down P-6 Amendments Banning Masks at Protests and Demanding a Route

anarchopanda police

In 2012, at the height of the Quebec Student Protests (Maple Spring), Montreal Mayor Gerald Tremblay’s administration amended Municipal Bylaw P-6 to include a ban on covering your face at public demonstrations and a requirement that protest organizers provide an itinerary. This effectively allowed Montreal Police (SPVM) to enforce Jean Charest’s controversial (and now defunct) Provincial Bill 78 without actually enforcing it.

This lead, of course, to more protest. Protest for the right to protest freely without first having to ask permission which had been taken away by these amendments. Kettling became a frequent SPVM tactic to end marches, sometimes just moments after they began.

Photo by Cem Ertekin
Photo by Cem Ertekin

Anarchopanda (the protest character of Julien Villeneuve) decided to challenge the bylaw amendments in a court of law as well. He argued that they were an unconstitutional violation of the Canadian Charter of Rights and Freedoms which impeded freedom of speech and peaceful assembly. Today, four years later, the Quebec Superior Court agreed with him.

In its ruling, the court declared that Article 3.2, which barred anyone participating in an assembly or procession in a public space from covering their face without a “reasonable excuse,” was excessive, unreasonable and arbitrary. They also ruled that Article 2.1, which bars anyone from assembling in and/or marching through public space without first providing authorities with a route, could only be applied in cases where the march hampered automobile traffic and was inoperative when it came to spontaneous demonstrations.

In a press release posted to his Facebook page, Anarchopanda, who was represented in this case by Sibel Ataogul and Marie-Claude St-Amant of the Association des juristes progressistes, called for the immediate withdrawal of charges on all pending P-6 cases. A large number of P-6 cases had been previously thrown out due to the way the SPVM had enforced the bylaw.

Anarchopanda concluded his press release by saying he hopes “the SPVM will reform its practices to ensure respect for the constitutional rights of protestors.”

* Featured image from Anarchopanda via Facebook

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