Quebec Superior Court strikes down Montreal's ban on masked protesters

"Anarchopanda," the costumed mascot of Quebec's 2012 student protest movement, has won a legal challenge of Montreal's controversial bylaw P-6, which bans masked protesters and makes it illegal to participate in a demonstration if the route hasn't been filed with police.

Quebec Superior Court Justice Chantal Masse has declared two key articles of the bylaw to be unconstitutional:

• Article 2.1, which makes it illegal to hold any demonstration if organizers fail to file an itinerary with police in advance.
• Article 3.2, which makes it illegal to wear a mask during a protest.

In her 124-page ruling, Masse struck down the mask restriction entirely.

As for the right of demonstrators to withhold their planned route from police, her decisionwas more nuanced.

Masse ruled that spontaneous, unplanned protests can't be declared illegal, because filing a route with authorities in advanceisn't feasible.

However, where people have been invited in advance to attend a demonstration, a route must be filed, as required by the bylaw.

Chaotic student protests

Former Montreal mayor Grald Tremblay introduced P-6, the controversial bylaw, in May 2012, after weeks of protests triggered by the Charest government's plan to hikeuniversity tuition fees. Masks and covered faces had become a common sight, and protests had become increasingly violent.

The bylaw's adoption spurred further protests, and a year later, "Anarchopanda" the panda-costumed, informal mascot ofthe 2012 student protest movement had his head seized by police at an anti-P-6demonstration.

The unmasked panda, Maisonneuve College philosophy professor JulienVilleneuve, was fined along with 278 other people for participating in the illegal protest. A few days later, Villeneuve launched a fundraising campaign dubbed "Pandaction" to fight the controversial bylaw.

In a separate court case, another protestersuccessfully challenged the right of the Quebec government to use provisions in the Highway Safety Code to prevent street demonstrations.

'Anarchopanda' expresses delight

Villeneuvesaid he is "delighted" with this latestruling, adding he is optimistic that themany protesters still facing stifffinesunder the municipal bylaw will see their cases dropped.

He told CBC News that hetook up the panda costume toprotect the students. He thought the costume would help calm tensions with the police.

"It's a lot easier for a panda to pacify than just a random dude walking in the streets,"Villeneuve said.

He said the right to wear masks at protests can range from a person fearing repercussions from an employer, to how being recognized might affect their personal life.

Montreal Mayor Denis Coderrehas not yet read the ruling.

However, in a brief response to reporters' questions, Coderre said everyone has theright to freedom of expression, but wearing a mask and providing authorities with theitinerary of a protest route have nothing to do with that right.

The mayor couldn't yet say whether the City of Montreal will appeal the ruling.

READ Superior Court Justice Chantal Masse's complete ruling here (in French):