March 15, 2021
Province Distributes New Legislation That Would Protect Critical Infrastructure
– – –Bill 57 would Balance Freedom of Assembly and Expression Rights with Need to Protect Infrastructure for Manitobans: Friesen
The Manitoba government is distributing new legislation that would prevent interference with critical infrastructure while respecting the right to freedom of assembly and expression, Justice Minister Cameron Friesen announced today.
“The Manitoba government recognizes the rights of citizens to assemble and engage in democratic discourse including peaceful protests,” said Friesen. “We must also ensure Manitobans have access to uncompromised supplies and services, and can pursue their livelihoods unencumbered. We believe this bill strikes a good balance between the right to assemble and the need to keep the economy functioning.”
Bill 57, the protection of critical infrastructure act, would enable owners or operators of infrastructure that makes a significant contribution to the health, safety, security or economic well-being of Manitobans, no matter where it is located, to apply for a court order to establish a protection zone around critical infrastructure if there is intention to hinder or delay construction, operation, maintenance or repair.
The court order would prohibit interference with the critical infrastructure or access to it. The bill would also include a provision the court must hear applications for protection zone orders on an urgent basis.
In the proposed legislation, for a critical infrastructure protection zone order to be made, the court would have to be satisfied the infrastructure meet the test of ‘critical’, and that an order would be necessary to enable its safe and timely construction, use or operation. In making that determination, the judge would have the authority to balance freedom of assembly and freedom of expression with the public interest in a free and democratic society.
When granting an order, a judge could designate an area near or within the critical infrastructure protection zone where people could exercise their freedom of assembly and expression rights, if that is needed to protect the rights to freedom of assembly and expression, and that would not create a safety risk to any person.
The minister noted the proposed legislation responds to an October 2020 throne speech commitment to introduce legislation that would prevent blockades of critical infrastructure and transportation routes.
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