Why Politicians Shouldn't Dictate Police Enforcement: Protecting Free Speech vs. Public Safety

The Clash Between Government and Police

The provincial government and Toronto police are currently in conflict over how to manage pro-Palestinian protests in the city. The province claims police aren't doing enough, while police maintain they're operating within legal boundaries. In this case, the police are correct in their approach.

Toronto police officers look on as people take part in a pro-Palestinian demonstration on Nov. 29, 2025. Doug Ives/The Canadian Press

Rising Tensions and Hate Crimes

This conflict occurs against a backdrop of rising antisemitism across Canada, with two-thirds of religion-based hate crimes targeting Jewish communities in 2024. Synagogues have been defaced and firebombed, and some pro-Palestinian demonstrators have marched through Jewish neighborhoods, creating what Jewish leaders describe as a profoundly shaken community.

Jewish leaders are calling for authorities to step up, with some arguing police have failed to curb hate crimes and maintain public order. The Progressive Conservative government appears to agree, with Ontario Solicitor-General Michael Kerzner criticizing what he called "the lack of consistent enforcement when it comes to intimidation, harassment and other hate-motivated offences."

Police Response and Legal Framework

Police Chief Myron Demkiw and police board chair Shelley Carroll responded by explaining their approach: "Demonstrations engage Charter-protected rights, and police can lay charges only when they have reasonable grounds to believe a criminal offence has taken place. That is the law, and it is the framework within which every officer must operate."

Over the past two years, Toronto police have made more than 460 arrests and laid more than 1,000 charges related to these issues. In the case of the Eaton Centre protest that lasted only 12 minutes, police responded within minutes and authorities reviewed footage, determining that while the incident caused distress, "the evidence in this case does not rise to the level of criminality."

The Crucial Distinction: Offensive vs. Illegal

This highlights the essential distinction between what is upsetting or offensive and what is actually illegal. Our Constitution protects citizens' rights to express beliefs, even radical or unpleasant ones. Political demonstrations are legal in Canada, as is chanting slogans (provided they don't amount to slander, libel, or direct incitement to violence).

Police regularly consult Crown prosecutors about whether charges should be laid over protest activity, and often the Crown says no because no obvious law was broken.

The Slippery Slope of Expanding Restrictions

Under pressure to crack down, Toronto passed a "bubble-zone" bylaw prohibiting protesters from committing "an act of discouragement" within 50 metres of places of worship, daycares and schools. Meanwhile, the federal government is moving to make it a crime to display a Nazi or Hamas flag with the intention of promoting hatred.

This raises important questions: If a Hamas flag can be banned, what about Russian, Iranian, or Cuban flags? Who defines what constitutes an "act of discouragement"? Threats, obstruction, and similar actions are already illegal under existing laws.

The Proper Role of Police in a Democracy

Police should absolutely do their utmost to make the Jewish community feel safe, and the current situation is profoundly disturbing. Police have broad powers to keep protests peaceful and orderly, investigate potentially dangerous individuals and groups, and provide security for events and institutions.

However, what they should not have is the power to jail someone for shouting a slogan or waving a flag. Politicians who understand how democracy works should recognize this distinction. Instead of criticizing police, they should commend them for respecting the laws of the land and maintaining the delicate balance between public safety and constitutional rights.