b. When imposing restrictions, the authorities shall facilitate the ability of an
assembly to take place within sight and sound of its target audience.70
c. Physical security installations around politically and symbolically important
locations may violate the right to freedom of assembly in this context where
the security gain is outweighed by the extent to which the barriers prevent
assemblies from taking place in appropriate locations.
91. Any conditions imposed shall relate closely to the particular concerns raised and
be narrowly tailored.
a. Conditions may only be imposed where they promote a substantial interest
that would not be achieved in the absence of the restriction.
b. The routine application of conditions, without individuated proportionality
assessment, shall be prohibited. Application of conditions requires an
objective and detailed evaluation of the circumstances in question.
c. Reasons adduced to impose conditions shall be relevant, sufficient, convincing
and compelling, and based on a reasonable assessment of the relevant facts
including a risk assessment.71
d. The fact that conditions may be imposed as a matter of last resort during
an event shall limit the extent to which conditions are imposed prior to
assemblies in purported response to future contingencies.
e. Conditions may be imposed to protect the rights and freedoms of others.72
92. Prohibition shall only be used as a measure of last resort where no other less
intrusive response would achieve the legitimate aim pursued.
a. The authorities shall promptly communicate a decision to prohibit an
assembly to assembly organizers, together with a clear statement of the legal
rationale for their decision.
b. Prompt resort to an independent court to determine de novo any dispute on
such a matter between organizers and the state shall be available.
70 A policy of relocating assemblies to locations far away from their intended audiences would violate this
requirement.
71 In which context suspicion or presumptions cannot suffice.
72 Thus for example a large and noisy nighttime rally in a residential neighborhood may properly be limited,
including through imposing restrictions on sound amplification equipment and lighting and visual effects.
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