You will need to consider s. 16 if you are assessing legislation, a policy or a program that:

  • limits the ability of a person or group of persons to exercise the right to peacefully protest (for example, regulating picketing in an employment setting, or regulating public demonstrations);
  • limits the ability of a person or group of people to hold or participate in a public or private gathering or to come together for a common purpose (for example, restricting the areas where, or times at which, a demonstration, picket or public event can take place);
  • treats people differently on the basis of their membership of a group or association;
  • prohibits or creates disincentives for membership in a group or association (including in a criminal justice context);
  • requires a person to disclose membership in a group or association;
  • compels a person to belong to a professional body or workplace association;
  • confers preferences on a person belonging to a group or association.


These policy triggers are not comprehensive.