Police have ‘another tool’ to use while responding to anti-vaccine protests

New federal legislation that came into effect at the start of this week might not prevent future anti-vaccine protests, but it will give police an additional tool to control the behaviour of protesters.

The legislation, Bill C-3, amends the Criminal Code making it an offence to intimidate healthcare providers or their patients to prevent them from either providing or obtaining health services, and carries a maximum sentence of 10 years in jail.

Niagara's acting medical officer of health Dr. Mustafa Hirji, whose home was twice targeted by protesters on Dec. 21 and Jan. 8, was primarily concerned about the impact protests at vaccination clinics may have on some of the younger patients.

Protesters targeted children and their families in early December, after Niagara Region Public Health began running vaccine clinics specifically for children in the five to 11 age group.

Following one protest, St. Catharines MPP Jennie Stevens wrote a letter to Premier Doug Ford saying protesters were shouting at a seven-year-old child that the government is experimenting on you," and you are going to die," causing immense anxiety.

Hirji said he hopes the new legislation will prevent that from happening in the future.

I fully support the intention there and definitely do hope it will mean we won't see protesters really harassing our clients when they're coming to get a vaccine appointment, and especially young children who may already be a little anxious and then they have to go through that kind of experience," Hirji said. I think that's just really terrible."

Brock University child and youth studies professor Tony Volk, an expert on bullying, called the legislation a step in the right direction.

The key will be how it's implemented by the police," he said. You don't want to stifle legitimate protest, but on the other-hand some of these harassing behaviours are detrimental to civility and to the people who are the targets."

Although Niagara Regional Police have attended most recent protests, officers rarely took action and instead observed the proceedings to ensure no laws were broken by participants.

NRP Chief Bryan MacCulloch provided an emailed statement in response to an interview request, saying police are reviewing the new legislation to determine how it may assist our officers in response to demonstrations in Niagara, including those that we have seen recently at the personal residences of medical health professionals."

Demonstrations become a balance where our officers use discretion to manage the situation, while taking care not to further escalate it," he said in the statement.

We continue to closely monitor the situation to ensure a balance of Charter-related issues and public safety concerns. Depending on the situation, the legislation provides another tool for our officers to consider as a potential enforcement option."

MacCulloch said officers are also continuing to research case law and seek legal opinion as it relates to Canadian Charter of Rights and Freedoms Section 2 - Freedom of Peaceful Assembly.

It is that research that helps guide our actions," he said. We are also in contact with public officials and servants to ensure their continued safety and address any concerns that may arise from these demonstrations."

Volk said he understands the delicate situation" police face in respecting people's rights during protests, but at the same time, these are people who are flaunting the safety of others.

I think as polls around the world show, the rest of us are pretty sick of it," he said.

Volk, too, was particularly concerned about the protests at children's vaccine clinics.

There's really no argument I can think of to be intimidating children when they're in the presence of their parents. We as a society agree that within reason, parents have latitude to raise their children as they see fit. And to have another adult confronting not just the parent but the child themselves must be very upsetting to the child because they're being attacked, their parents are being attacked," he said. If these people's goal is to make the child feel and be safer, they're doing the opposite."

Allan Benner is a St. Catharines-based reporter with the Standard. Reach him via email: allan.benner@niagaradailies.com