It's just more practical to black-list behaviours than white-list them isn't it?
A democracy is the larger group voting to take whatever they want from the smaller group. Some democracies are constrained in what they can take by a constitution, and others not so much.
That is why despite claims by the government and the police that these protests or occupations are unlawful, no one - not a single person has been charge with protesting illegally. The most the police could do was charge the leaders with mischief.
Instead of charging the protesters, the police have been rounding them up, driving around in circles, and then letting them go free. This is not because the police are being kind. It is because they don’t want to risk a court challenge of charter violations which would set a dangerous precedent that would risk the future credibility of the government and the police in similar situations.