Northern Ontario drag performers support bill for safe zones around events - Action News
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Northern Ontario drag performers support bill for safe zones around events

Northern Ontario drag performers say a proposed law that would allow the province's attorney general to create safe zones around drag events is needed. However the Canadian Civil Liberties Association argues the bill could impede people's freedom of expression.

The Canadian Civil Liberties Association says the proposed legislation could infringe on fundamental freedoms

Drag performers and NDP MPPs speak at Queens Park on April 4, 2023.
MPP Kristyn Wong-Tam, speaking at the podium, is introducing a private member's bill Tuesday that would allow the attorney general to temporarily designate specific addresses as community safety zones. (Mathieu Simard/Radio-Canada)

As Ontario's NDP urges the government to create community safety zones that would protect drag performers from harassment and intimidation, drag artists in the northeast reflect on what the protections could mean for them.

Last week, NDP MPP Kristyn Wong-Tam tabled the legislation, which if passed would allow the attorney general to temporarily designate addresses such as where a show is taking place as community safety zones, and anti-LGBTQ harassment, intimidation and hate speech within 100 metres would be subject to a $25,000 fine.

Statistics Canada figures show a 64 per cent rise in police-reported hate crimes motivated by sexual orientation, jumping from 258 in 2020 to 423 in 2021.

Responding to questions from the NDP in the legislature last week, Government House Leader Paul Calandra said the house would give the proposed legislation due consideration.

Five drag performers standing on a parade float with a rainbow flag draped around them.
Drag performers attend the annual Pride parade in North Bay. (Submitted by Jason MacLennan)

Jason Maclennan, the communications director with North Bay Pride and a drag performer, said he was glad to see the NDP's proposal for community safety zones, but is disappointed it is needed.

"The reality is, because of what's been happening and they hate that's been transpired from misinformation about drag performers and just about the 2SLGBT community in general, it is much needed," Maclennan said.

"And that's a sad day for all of us."

Maclannen said he has received death threats online for moderating political debates in drag.

It could pass if the Conservatives would actually step up to the plate.- Jason Maclannen

Ashley Aikens-McIntosh, a drag performer from Sault Ste. Marie, Ont., said she has had protestors outside drag story time events she has hosted.

"We have children at those events, and keeping them safe is of the utmost importance to me," she said.

Aikens-McIntosh said even if the proposed legislation doesn't become law, it makes an important statement and shows there is some solidarity to protect the people participating in and attending drag events.

Maclannen said it's up to Ontario's Progressive Conservatives to support the private member's bill.

"It could pass if the Conservatives would actually step up to the plate and actually support the private member's bill recognizing that there's a problem around hate and the 2SLGBT community, especially those drag performers in the trans community," he said.

Concerns about the bill

Cara Zwibel, director of the Canadian Civil Liberties Association's fundamental freedoms program, said she has concerns about the proposed law.

"Our view is that the default position in a liberal democratic society like Canada is that people have the right to express themselves even in ways that we may find offensive, or upsetting, or disconcerting and that we strongly disagree with," she said.

Zwibel said hate speech in Canada is narrowly defined as extreme expression that has to reach a legal threshold.

"My guess is that at least some of what's happening at these events would not come close to meeting that definition as offensive and problematic as it might be," she said.

She addedif people attending a drag performance, or participating in it, feel threatened they can already contact police to handle the situation.

Zwibel said there's also a "mechanical problem" with the proposed law, because it's up to the auditor general to designate certain spaces as community safety zones.

Because events like drag queen story time can take place in a variety of different spaces such as libraries or community centres it could be a challenge to designate a community safety zone in time for an event.

The safe zones the province established around abortion services in 2018, by comparison, are always in the same location.

Zwibel said safe zones around abortion services are more appropriate because protests would be interfering with a health care service and would also impedepeople's right to privacy.

With files from Sam Juric