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[POLITICS] · Canada · 2 sources

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Montreal insult bylaw faces injunction bid in court

Lawyers have requested that the Quebec Superior Court suspend a new Montreal bylaw that prohibits insults, harassment, threats, and offensive behavior toward city employees, including police officers.

Representing an association of progressive jurists and the Saint-Michel legal clinic, lawyers argued the bylaw is overly broad and violates Charter rights. They contended that terms such as “offensive behaviour” and “insults” are too vague and that existing laws against violence and harassment are sufficient. Concerns were also raised that the penal nature of the rule could lead to arrests and public records for mere incivility, and that the law might disproportionately affect racialized residents.

The City of Montreal defended the bylaw, stating it is in the public interest to protect workers and all residents. The regulation imposes fines ranging from $300 to $1,000 for a first offense, with repeat offenses reaching up to $2,000. Justice Eleni Yiannakis indicated she will rule specifically on the request for an injunction rather than the bylaw's overall constitutionality. A separate constitutional challenge regarding freedom of expression and protection against cruel and unusual punishment is scheduled for a later date.

Entities

City of Montreal · Eleni Yiannakis · Montreal · Quebec Superior Court · Saint-Michel legal clinic