What is the right to peaceful assembly?

The right to peaceful assembly is one of the four fundamental freedoms guaranteed by section 2 of the Canadian Charter of Rights and Freedoms. Section 2(c) reads: 'Everyone has the following fundamental freedoms: (c) freedom of peaceful assembly'. The right protects the gathering of people in public spaces for shared purposes including political protest, religious observance, cultural events, and labour-union picketing. Like the other section 2 freedoms, peaceful assembly is subject to section 1 limits and to the section 33 notwithstanding clause.

Peaceful assembly is closely linked to section 2(b) freedom of expression, section 2(d) freedom of association, and the Criminal Code provisions on unlawful assembly and riot. The Supreme Court of Canada has read all four section 2 freedoms together when assembly cases arise. The leading peaceful-assembly cases include Committee for the Commonwealth of Canada v. Canada (1991), which addressed political leafletting at federal airports, and Montreal (City) v. 2952-1366 Quebec Inc. (2005), which addressed noise bylaws and street preaching.

Recent high-profile assemblies have tested the limits of section 2(c). The Truckers' Convoy (Freedom Convoy) of January and February 2022 occupied parts of downtown Ottawa for three weeks, prompting the federal government's first use of the Emergencies Act since the statute replaced the War Measures Act in 1988. The Public Order Emergency was declared on February 14, 2022 and revoked on February 23, 2022. The Federal Court of Canada later ruled in Canadian Civil Liberties Association v. Canada (Attorney General) (2024) that the invocation did not meet the statutory threshold and was a section 2(b) and 2(c) breach not justified under section 1; the case is on appeal. The Rouleau Commission (the Public Order Emergency Commission) reported in February 2023 with detailed findings on protest policing.

The right to peaceful assembly has limits. Police may restrict the time, place, and manner of assemblies for public-safety reasons under municipal bylaws and the Criminal Code, provided the restrictions meet the section 1 test. The Criminal Code defines unlawful assembly (section 63) as three or more persons gathered with a common purpose to disturb the peace, riot (section 64) as a tumultuous unlawful assembly, and offences such as mischief, intimidation, and blocking transportation infrastructure. Anti-protest injunctions, particularly in resource-extraction disputes such as Coastal GasLink and old-growth logging at Fairy Creek, have generated significant Charter litigation.