Legal restrictions and ongoing targeting of pro-Palestine groups threaten freedom of assembly

Introduction

UN Rapporteur calls on Canada to end criminalisation and repression of land and water human rights defenders

In September 2024, the UN Special Rapporteur on the human rights to safe drinking water and sanitation, Pedro Arrojo Agudo, released his findings and recommendations to Canada following his visit in April 2024. He expressed concern about the repression and criminalisation of Indigenous land and water defenders opposing pipeline projects in Wet’suwet’en and Secwepemc territories. His report emphasised gaps in the protection of the right to free, prior, and informed consent of Indigenous Peoples in the context of extractive industries and other related land-based projects, which negatively affect their water and livelihoods.

The report also highlighted the role of mining companies in relation to human rights and environmental obligations abroad. Mining companies based in Canada, representing about 60 per cent of the global sector, have a significant impact on the right to water and sanitation worldwide.

The Canadian State received a number of recommendations, including an end to the ongoing criminalisation, illegal surveillance, and harassment of land and water defenders, as well as the enactment of federal law that effectively guarantees the right of free, prior and informed consent of Indigenous Peoples. Other recommendations called for the adoption of due diligence legislation for Canadian companies operating abroad, particularly to strengthen the protection of whistle-blowers, workers, human rights defenders and community representatives.

Families demand justice after deadly pattern of violence against Indigenous Peoples

In late 2024, nine Indigenous people died in encounters with police forces in less than a month, raising concerns about systemic violence and impunity. Data collected by the Tracking (In)Justice project shows that Indigenous people account for more than 16 per cent of police use-of-force deaths since 2000, despite representing only 5 per cent of the population. Researchers said the real figure may be higher.

Families of those killed have stated that accountability is nearly impossible. Oversight bodies like Ontario’s Special Investigations Unit rarely bring charges, and most cases collapse before trial. Civil suits are costly and lengthy, leaving families in debt and without closure.

Peaceful Assembly

Brampton moves to curb protests at places of worship after clashes between Sikh and Hindu groups

On 20th November 2024, the Brampton municipality council passed a bylaw prohibiting “nuisance disturbances” near places of worship. The bylaw’s vague and open-ended definitions are left open to the interpretation of police officers. Any person guilty of an offence under the bylaw is subject to a maximum fine of $100,000.

In a letter to the Mayor and the council, the Canadian Civil Liberties Association raised its concern that the bylaw is likely to restrict the freedom of peaceful assembly. It noted “while some limitations on peaceful protests near places of worship might be found by courts to be acceptable to balance free speech and the right to protest peacefully with other important rights, such as freedom of religion, any such limits should be carefully crafted, as minimal as possible, and proportionate.”

The bylaw comes following heated protests in early November 2024, which erupted between the Sikh separatists and pro-Hindu groups after the killing of a prominent Sikh leader in Vancouver in June 2023. The Sikh for Justice group has accused the Indian government of the killing of Hardeep Singh Nijjar, president of a Sikh temple and campaigner for the creation of an independent Sikh state.

On 3rd and 4th November 2024, clashes broke out during demonstrations in Brampton and Mississauga, Ontario, involving groups of protesters outside the Hindu Sabha Mandir, the Westwood Mall and the Malton gurdwara. Peel Regional Police confirmed that three men were charged with assault with a weapon, mischief, causing a disturbance and assaulting an officer. A fourth person was arrested on an unrelated warrant. One police officer sustained minor injuries. Police also suspended an off-duty officer who allegedly participated in the Brampton temple protest, pending investigation.

Videos circulating online showed altercations between people carrying India’s national flag and protesters displaying banners in support of Khalistan, a proposed Sikh independent State. Footage verified by media outlets depicted fistfights and protesters striking each other with poles.

This incident also coincided with a visit by Indian consular officials conducting administrative services at the Hindu Sabha Mandir, sparking protests by Khalistan supporters. Indian Prime Minister Narendra Modi condemned the incident as a “deliberate attack” while Canadian political leaders denounced the violence and called for accountability.

Civil society groups, including Sikhs for Justice and the World Sikh Organisation of Canada, alleged that Indian consular visits to temples and community sites find informants to target Sikh separatists. India’s external affairs ministry rejected these claims, condemned violence attributed to “extremists and separatists”, and affirmed that consular outreach in Canada would continue.

The incidents took place against the backdrop of ongoing diplomatic tensions between Canada and India. In October 2025, Canada expelled six Indian diplomats after uncovering evidence that India’s high commissioner, Sanjay Verma, was linked to the assassination of Sikh leader Nijjar in June 2023. The Indian government has denied the allegations and insists Canada has failed to address Sikh “separatist” activity it considers a threat.

However, the latest accusations shadow reports from the United States and Pakistan of Indian intelligence operations targeting separatist leaders and suspected terrorists abroad. In a campaign rally earlier this year, Narendra Modi told supporters: “This New India comes into your home to kill you.” Beyond targeted killings, the CIVICUS Monitor has documented how the Modi government has been targeting the diaspora by cancelling visas, blocking re-entry, and allegedly orchestrating online disinformation campaigns against academics and activists.

Human Rights Watch has described such measures as part of a wider trend of transnational repression, in which states extend their pursuit of critics across borders. The organisation documented 75 cases in 15 years involving more than two dozen governments, including India.

Canada has the largest Sikh population outside of India, with about 770,000 people, or about 2.1 per cent of the country's population.

Student walkout ends in police intervention

On 25th September 2024, students at Concordia University in Montréal staged a pro-Palestine walkout calling for the institution to divest from financial ties with the Israeli government and the Israel Defence Forces. The action, supported by Independent Jewish Voices Concordia and Direct Action Concordia, began in the Henry F. Hall Building lobby and proceeded through several campus locations and metro tunnels.

The demonstration ended in a strong police presence and the detention of three students at Guy-Concordia metro station. The Starbucks outlet was later subject to vandalism, with “Free Gaza” spray-painted on the coffee shop’s windows.

Tensions escalated when, a few minutes into the demonstration, a pro-Israel group on campus and some pro-Israel activists interrupted the walkout and started filming the protesters. Campus Safety and Prevention Services (CSPS) intervened, and the growing wave of protesters moved down into the tunnel.

According to the Service de police de la Ville de Montréal (SPVM), the protesters were charged with mischief, assault and obstruction of a police officer. Reports from witnesses and student organisers described heavy-handed policing, including students being pushed to the ground and restrained, with one student stating she could not breathe. Riot police followed and disrupted the protest as it moved down De Maisonneuve Boulevard to Peel metro station.

On 4th October 2024, a judge in Montréal issued an injunction prohibiting certain pro-Palestinian groups and activists from blocking access to Concordia University or disrupting classes. The order, valid for at least 10 days, also restrains them from intimidating students or staff entering university premises. It applies to all Concordia buildings at both the Sir George Williams and Loyola campuses.

Civil society organisations have documented a pattern of over-policing of Palestine solidarity protests in Canada. In September 2024, Pivot Legal Society and the BC Civil Liberties Association filed complaints under British Columbia’s Police Act against the Vancouver Police Department, alleging excessive use of force, surveillance and the targeting of those expressing support for Palestinian human rights.

Police detain Palestinian youth movement organiser after protest

On 24th November 2025, Ottawa Police detained an organiser with the Palestinian Youth Movement (PYM), Sarah Wazzi-Moukahal, after she participated in a pro-Palestinian demonstration on 18th November 2024. She was charged with “mischief X2, obstruction of police, an uncommitted indictable offence of mischief and unlawful assembly.”

Pro-Palestinian demonstrations have taken place in downtown Ottawa on a regular basis for more than a year. The 18th November protest began on the sidewalk of Laurier Avenue West before moving onto Metcalfe Street, where protesters reportedly “took over the street.” Police stated that, despite repeated orders and dialogue with members of the Police Liaison Team (PLT), the protesters remained, leading to interactions between police and protesters. Four protesters were detained during the event and charged with offences including mischief, obstruction of a peace officer, and assaulting police. Peace Brigades International – Canada denounced the heavy police presence at the protest, “including Ontario Provincial Police (OPP) brought in from out of town.”

In a 19th November 2024 press release, Ottawa Police initially announced that “numerous protesters faced criminal charges”, including one person charged with assault. However, this information was removed from media reporting due to the police’s refusal to provide follow-up details on the people involved, limiting access to information on the outcome of the charges.

Climate protesters detained and prosecuted after bridge blockade

On 22nd October 2024, Quebec provincial police detained two climate activists, Olivier Huard and Jacob Pirro, after they climbed the Jacques Cartier Bridge in Montréal, forcing the closure of traffic in both directions for nearly seven hours. The Sûreté du Québec (SQ) confirmed that the activists were taken into custody and charged with mischief and willful resistance or obstruction of a peace officer in connection to the blockade, an offence that carries a maximum penalty of 10 years’ imprisonment. No injuries were reported.

A third activist who didn’t climb the bridge, Michèle Lavoie, has been charged with mischief for “preventing, interrupting or hindering a person in the legitimate use, enjoyment or exploitation of property” valued at more than $5,000.

Three days later, on 25th October, a Québec court judge granted conditional release to Michèle Lavoie. Defence lawyer Barbara Bedont expressed concern at the decision to detain the three activists for more than a week pending their bail hearing, noting that in most cases involving civil disobedience, accused individuals are typically granted conditional release shortly after arrest. By the end of October 2024, Pirro and Huard were also granted conditional release. Both are scheduled to go on trial in November 2024 on charges related to a similar environmental protest.

The action began early in the morning, when members of the Antigone Collective ascended the bridge structure and unfurled a red banner in French and English reading: “Oil is killing us.” The Antigone Collective, supported by Last Generation Canada, organised the action to denounce fossil fuel dependence and demand stronger federal climate policies. They called on Canada to support the proposed Fossil Fuel Non-Proliferation Treaty, phase out oil, gas and coal by 2030, and establish a National Emergency Management Agency to respond to climate-related disasters. They also demanded the closure of Enbridge’s 9B pipeline. The protest echoed a similar bridge-climbing action in 2019 by Extinction Rebellion that disrupted traffic and led to arrests.

Thousands march in Toronto in solidarity with Grassy Narrows First Nation

On 18th September 2024, over 8,000 people marched through Toronto to protest the situation in the Grassy Narrows First Nation. Protesters moved from Grange Park to Queen’s Park, where they unfurled a 1,600-square-foot banner calling for justice. They voiced support for community demands for fair compensation, protection of their lands and waters and measures to restore their way of life and wellbeing.

Expression

Masked protesters assault journalists covering anti-NATO demonstrations

On 22nd November 2024, masked protesters repeatedly pushed and sprayed with paint a journalist and camera operator from the French-language private television network TVA, while they were covering a demonstration against NATO in downtown Montreal.

Journalist assaulted in Calgary

On 29th September 2024, two unknown men assaulted radio host Rishi Nagar in Calgary. They approached him at a political event in the city as he stepped outside to take a phone call. A video shows the men greeting Nagar before walking with him a short distance, and one of them repeatedly punched him in the face, causing a serious eye injury. On 8th October 2024, a Calgary resident was charged with assault.

It is believed that the attack was related to his reporting on tensions in the South Asian community following the arrest of two men for allegedly threatening people and brandishing a gun outside a Sikh community centre in Calgary.

Nagar is a journalist in Calgary’s South Asian community and serves as news director at Red FM. He has covered sensitive issues, including alleged extortion attempts against community members.

Government agrees to separate debate on controversial Bill C-63 following civil society concerns

On 4th December 2024, Federal Justice Minister Arif Virani announced the government’s plans to divide Parts 2 and 3 from the rest of Bill C-63, opening it to a broader public and parliamentary debate. According to Amnesty International, the move responded to recommendations submitted by several civil society organisations, urging the government to address Part 2 and Part 3 as separate bills.

Introduced before the House of Commons in February 2024, Bill C-63 (Act to enact the Online Harms Act, to amend the Criminal Code, the Canadian Human Rights Act and An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service and to make consequential and related amendments to other Acts), is an omnibus bill that seeks to develop online protections for privacy, and against harmful online activity.

As analysed by the British Columbia Civil Liberties Association (BCCLA), the bill initially has four distinct sections: Part 1 proposes to address the issue of online harms; Part 2 proposes to make several amendments to the Criminal Code, increasing penalties for hate-speech related crimes; Part 3 will reintroduce a section of the Canadian Human Rights Act to enable human rights complaints for Internet communications; and Part 4 will create mandatory reporting measures for Internet child pornography.

Though the bill seeks to protect victims, there were concerns over the impact that the full legislation could have on freedom of expression. Bill C-63 initially included significant and controversial changes to the Criminal Code and the Canadian Human Rights Act. Legal experts and civil society argued that some proposals could disproportionately restrict free speech without effectively reducing online hate.

“The amendment to the Criminal Code introducing the possibility of life imprisonment for any offence motivated by hatred would pave the way to disproportionate sentencing, a chilling effect on free speech, and an unwarranted increase in plea bargaining from innocent and vulnerable defendants. The proposed ‘fear of hate propaganda offence or hate crime’ provision would allow a judge to limit the liberty and expression of individuals who are not even suspected of having committed any crime, let alone convicted”, said Anaïs Bussières McNicoll, Director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association.

Experts also warned that changes to the Human Rights Act risk overwhelming the complaints system, creating backlogs and undermining its ability to resolve urgent cases.

Nova Scotia government bars journalists from cabinet swearing-in ceremony

On 11th December 2024, the Nova Scotia government prevented journalists from attending a swearing-in ceremony for cabinet ministers. Officials cited limited capacity inside the Halifax Convention Centre as the reason for exclusion. The government allowed only a single television pool camera to record the event and offered a livestream to the public. Unlike in previous years, the premier and ministers did not speak to journalists following the ceremony.

Ontario Government blocks journalists from briefing

On 3rd October 2024, the Office of the Minister of Infrastructure denied access to two journalists from attending a technical briefing on the controversial land lease for Ontario Place, a waterfront property in Ontario, despite requesting media accreditation before the event.

According to the Canada Press Freedom Project, one of the journalists, Elsa Lam, editor-in-chief of Canadian Architect magazine, said she had sent an email to request access to the briefing before it started, but the authorities did not reply. Likewise, the other journalist, from Spacing magazine, which has also reported extensively on the redevelopment, said officials refused them entry.

Prosecutors drop charges against journalist arrested at Pro-Palestine sit-in

On 3rd October 2024, prosecutors in Montréal dropped criminal charges against journalist Savanna Craig after deciding not to pursue a case of mischief. As previously reported, Montreal police detained Craig during her coverage of a pro-Palestinian sit-in in a downtown Scotiabank branch.

As documented by the Coalition of Women in Journalism, Craig is the second woman journalist arrested in Canada in 2024 while reporting on protests.

Association

Palestinian solidarity organisation labelled as “terrorist group”

On 15th October 2024, the Government of Canada, in a joint action with the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), designated the Samidoun Palestinian Prisoner Solidarity Network (Samidoun) as a “terrorist group” under Canada’s Criminal Code, alleging it as a fundraising conduit for the Popular Front for the Liberation of Palestine (PFLP), considered as a “terrorist entity” in Canada, the USA, and Europe. This decision means that anyone can face criminal charges if they knowingly give money or property to, or handle assets linked with Samidoun. As of October 2024, there are 79 organisations on Canada’s current list of designated terrorist entities, most of them based outside the country.

Samidoun (in Arabic, those who are steadfast) was established in 2011 to support Palestinian prisoners in Israeli prisons. In response to the recent designation, Samidoun issued a statement denying any material or organisational ties to entities listed as terrorist organisations by the US, Canada, or the European Union.

The designation has drawn sharp criticism from human rights organisations, who argued that it represents a politically motivated effort to stifle advocacy for Palestinian rights. Legal experts said the process for making these designations was unclear, politically influenced, and offered little chance to challenge the decision.

“This lack of transparency that makes the system flawed to begin with is a major factor in spreading the chill on expression in support of Palestine, because it leaves people feeling like Who will be next?” said Liza Hughes, executive director of the BC Civil Liberties Association.

Students face suspensions and sanctions over Pro-Palestinian protests

Students who took part in the student encampments continue to face repercussions for their actions.

On 4th October 2024, Palestinian Canadian Sara Kishawi and another student received letters from Vancouver Island University (VIU) notifying them of their suspension, following an investigation into their protesting on campus. Kishawi was suspended for two years, and although she has already graduated from the university, she is now unable to access her university transcripts. About 15,000 people have sent a form letter to VIU asking the university to revoke the two suspensions. The students have appealed their suspension.

The Solidarity for Palestinian Human Rights (SPHR McGill) at McGill University had its club status revoked by the undergraduate student union after pressure from the university and threats of funding cuts.

Federal government ends port lockout, imposes mediation and contract process

On 12th November 2024, the Labour Minister ordered nearly 1,200 longshore workers at the Port of Montréal into binding arbitration following a 10-day lockout by the Maritime Employers Association (MEA). The Syndicat des Débardeurs (Canadian Union of Public Employees Local 375) had voted by 99.7 per cent to strike after rejecting the MEA’s final offer.

The lockout was subsequently ended by the government’s order, which also imposed a 90-day mediation period during which both parties must refrain from making public statements. If mediation fails, the federal government will impose a new contract.

Longshore workers at the Port of Montréal have been without a collective agreement since December 2023. Their principal concerns relate to scheduling, workplace rules and mandatory overtime. Over the past 15 months, the Canadian Union of Public Employees Local (CUPE) and the MEA held 35 negotiation meetings without agreement. The current dispute follows a longer history of labour conflict at the port.

A previous contract expired in 2018, triggering partial strikes in 2020 that ended after Parliament passed back-to-work legislation, later challenged by CUPE in domestic courts and before the International Labour Organisation on the basis that it undermined collective bargaining rights.

This year’s arbitration order at Montréal forms part of a broader pattern of federal intervention in the longshore industry. At least five other Canadian ports, including Vancouver and Québec City, have also been subject to back-to-work orders and arbitration in 2024.