Montreal to Ban Masks at Protests

Of all the foolish stupidness in the world, this may not rate that high, but it is pretty damn foolish and stupid. The Montreal Gazette is reporting that the City of Montreal plans to ban the wearing of masks or face coverings at public demonstrations (as a side note, why this is in the "Business" section of the Gazette is beyond me).

This bylaw is quite possibly unconstitutional on two grounds. First, and more questionably, this bylaw is potentially in violation of the constitutional division of powers. This law bans a behaviour and attaches a penalty, with no connection to any provincial head of power that I can think of under the Constitution. This risks a finding that the law is, in pith and substance, criminal law and therefore ultra vires the province (and therefore the city, which derives all of its powers from the province). This is more shaky, because a good constitutional lawyer can make arguments for connection to a provincial head of power surprisingly easily. Second, this bylaw clearly runs afoul of the guarantee of freedom of expression in s. 2 of the Canadian Charter of Rights and Freedoms. Many people wear masks to protests to parody a politician or world figure with whom they disagree. That is clearly conveying meaning, and therefore it fits within the rubric of s. 2. There may also be an issue of denial of liberty without the principles of fundamental justice since a law like this is dramatically over-broad, and would catch far more people the occasional yahoo that starts trouble a rally. The real question is whether it would survive the s. 1 test of being demonstrably justified in a free and democratic society.

I don't see any real or pressing need for this ban. Sure, at some protests a few masked idiots decide to start violence, but many people who wear masks or face coverings do so only to convey a political meaning, without any sinister intent. This is a massive and unnecessary intrusion into the civil liberties of protesters in Montreal.

A tightly focused law is the only way this would be acceptable, and to write such a law would be almost impossible. Any such law gives enormous discretion in enforcement to police officers. Frankly given the behaviour of police officers in Quebec, most damningly the agents provocateur placed by the Surete du Quebec at the Security and Prosperity Partnership summit in Montebello a while ago, I don't see any reason to trust Quebec police with such discretion.

A law like this is also unnecessary. If the masked individuals are causing property damage or assaulting people, then arrest them and charge them with that. Arrest for wearing a mask is simply a form of guilt by association and preventative arrest. Our legal mechanisms have always been sufficient to deal with idiot anarcho-vandalists in the past, and they remain so now. This law is offensive, excessive and redundant, serving only to provide prosecutors with a means of loading the bill against defendants. The City of Montreal should see sense, and drop this law.

Days Remaining in Bush Presidency: 1 (oh dear gawd, I can't wait for it to be over)