Civil Liberties group seeks amnesty for recreational tickets issued during COVID

Advertisement

Advertise with us

The Canadian Civil Liberties Association says it's going to fight for citizens nabbed for municipal recreational infractions during the COVID-19 pandemic.

Read this article for free:


By clicking the button above, an account will be created and you will begin to receive some of our recommended newsletters. You may opt out of any newsletter by visiting your Email and Communication Preferences page or by clicking "unsubscribe" at the bottom of any email.

or

Already have an account? Log in here »

To continue reading, please subscribe:

Digital Subscription

One year of digital access for only $1.44 a week*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles

*Billed as $5.77 plus GST every four weeks. After 52 weeks, price increases to the regular rate of $19.95 plus GST every four weeks. Offer available to new and qualified returning subscribers only. Cancel any time.

To continue reading, please subscribe:

Add Free Press access to your Brandon Sun subscription for only an additional

$1 for the first 4 weeks*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles
Start now

*Your next Brandon Sun subscription payment will increase by $1.00 and you will be charged $17.95 plus GST for four weeks. After four weeks, your payment will increase to $24.95 plus GST every four weeks.

Hey there, time traveller!
This article was published 19/04/2020 (2384 days ago), so information in it may no longer be current.

The Canadian Civil Liberties Association says it’s going to fight for citizens nabbed for municipal recreational infractions during the COVID-19 pandemic.

“We will be calling for an amnesty on all these tickets and that all the fines be forgiven afterwards, because of the unconstitutional mess that many municipal governments have put us into,” said executive director Michael Bryant.

The association has received at least 100 public complaints over the past 10 days from those who have been ticketed by bylaw or police officers for defying emergency management offences such as jogging on golf courses or exercising in parks.

Toronto Police Mounted Unit officers patrol a city park in Toronto on Thursday, April 16, 2020. The Canadian Civil Liberties Association says it's going to seek amnesty for all tickets issued for municipal recreational infractions during the COVID-19 pandemic. THE CANADIAN PRESS/Frank Gunn
Toronto Police Mounted Unit officers patrol a city park in Toronto on Thursday, April 16, 2020. The Canadian Civil Liberties Association says it's going to seek amnesty for all tickets issued for municipal recreational infractions during the COVID-19 pandemic. THE CANADIAN PRESS/Frank Gunn

Bryant said the restrictions designed to limit the spread of the novel coronavirus are an abuse of power because the recreation activities involved are usually harmless and should be met with warnings rather than costly fines.

The former Ontario attorney general said political pressure on police and bylaw officers to ticket people is unconstitutional.

“We don’t live in a police state. Politicians should never be giving direction to police or bylaw officers,” he said in an interview.

“We’ve had more charges laid during COVID than took place during the October crisis in 1970 when there was an actual threat to public order. COVID is not a threat to public order, it’s a threat to public health.”

Bryant said the association is looking for the right case to mount a challenge, but expects a Canadian lawyer will take up the cause.

Dylan Finlay may just do that.

The Toronto criminal defence lawyer said he’s considering whether to launch his own constitutional challenge after he was fined $880 for doing chin-ups in a city park. Or he may assist those who have approached him for help.

He argues that the laws contravene Section 7 of the Charter of Rights and Freedoms by infringing on life, liberty and personal security.

Finlay said they go overboard by prohibiting the use of soccer fields or baseball diamonds even for an immediate family that isn’t coming into close contact with anyone else. It also doesn’t take into account families that are cooped up in condos or apartments with no access to a yard.

“I wish the government would treat people like adults,” he said, adding that education has worked to encourage people to physically distance to stop the spread of the virus.

He said society can’t and shouldn’t police its way out of a pandemic.

“The world’s a different place and it’s not because of strict laws with heavy-handed sort of police enforcement. It’s because people are voluntarily deciding to agree with the government.”

General deterrence exists in the law, but issuing a fine of more than $800 to a person receiving $2,000 a month in emergency federal government assistance is raccoon and overly punitive, Finlay said.

Finlay acknowledges that COVID-19 is a health emergency and supports physical distancing.

“I’m sympathetic with what the government’s trying to do, I just think that these restrictions as far as they go to parks, they go too far.”

Bryant said Winnipeg and British Columbia are models for taking the right approach to preventing the spread of the virus.

Instead of handing out fines, bylaw officers inform and warn the public. And compliance is strong.

“And that’s in Winnipeg, which is notoriously over-policed and where there’s a high per capita crime rate.”

This report by The Canadian Press was first published April 19, 2020.

Report Error Submit a Tip

More Stories

Pandemic point man didn’t resign, exactly

Dan Lett 5 minute read Preview

Pandemic point man didn’t resign, exactly

Dan Lett 5 minute read Thursday, Jan. 14, 2021

The rumours of Paul Beauregard's demise appear to have been greatly exaggerated.

Email inboxes and phone lines were burning-hot Thursday morning with the news that Treasury Board Secretary Beauregard — arguably the most powerful bureaucrat in the Manitoba government and the point man for the province's pandemic response — had resigned his post while the province is still very much in the grips of a public-health crisis.

Beauregard is a controversial figure who been caught up in a scrap with the Opposition NDP over allegations he was improperly involved in the awarding of a contract to Bell MTS, his former employer. The political battle prompted Beauregard to file an unprecedented harassment and bullying complaint against an NDP MLA.

But even with all of Beauregard's baggage and the myriad problems with Manitoba's pandemic response, changing leadership mid-crisis would be a horrible blow to a government already suffering from a deficit in public confidence.

Read
Thursday, Jan. 14, 2021

Multi-year budget to force councillors, bureaucrats to focus on the big picture

Aldo Santin 12 minute read Preview

Multi-year budget to force councillors, bureaucrats to focus on the big picture

Aldo Santin 12 minute read Tuesday, Feb. 26, 2019

City hall is putting the final touches on the 2019 preliminary budget -- but the real tough job will start after that.

The city is committed to developing a four-year budget beginning with 2020, and having it in place by the end of this year.

It's a process that is filled with uncertainties, trying to balance four successive annual budgets at the same time, using assumptions on revenues and expenses that can change without notice: a provincial government that has frozen funding to city hall at 2016 levels and is reluctant to disclose annual funding commitments or share in unexpected revenues; erratic fuel prices; a possible change in government in Ottawa, which could bring new spending priorities. And in the middle of that four-year span, another civic election where new members of council may have other priorities than those laid out by the current crop of office holders.

Municipal governments across Manitoba are required to approve their annual operating and capital budgets by the end of March each year. But the criticism of decision-making at city hall has been that all the decisions are made on a year-to-year basis, keeping voters happy with an eye on the next election.

Read
Tuesday, Feb. 26, 2019

‘Women were shortchanged.’ Why bobsledding’s idea of equality doesn’t add up

Kerry Gillespie - Sports Reporter, Toronto Star 7 minute read Preview

‘Women were shortchanged.’ Why bobsledding’s idea of equality doesn’t add up

Kerry Gillespie - Sports Reporter, Toronto Star 7 minute read Saturday, Dec. 4, 2021

When female bobsledders pushed for an Olympic four-woman event, they got a solo discipline instead: monobob. Now they’ll race for the same number of medals as men, but with fewer sledders. Not the progress they were looking for.

Read
Saturday, Dec. 4, 2021

Adult education should be the foundation of the North

Jim Silver 5 minute read 2:00 AM CDT

Major economic developments are, we are being told, coming to northern Manitoba, focusing on the port of Churchill and the railway system that leads to it, and the production and export via that port of various commodities. Many challenges, particularly environmental, lie along that path, and they deserve particularly serious consideration if any development is to proceed.

One aspect of northern development about which almost nothing has been said is: “Who will do the work in the north?”

For decades past and still today, great reliance has been placed on bringing skilled tradespeople and other skilled workers to northern Manitoba from the south. The result has been that not only has the bulk of corporate profits been drained south, but so too have wages. As a result, rates of poverty are higher and formal educational levels are lower in the north than elsewhere in Manitoba. This is obviously detrimental to the north and particularly to those who live in the north.

If northerners themselves are to benefit from economic development in the north by forming the skilled labour force that will be needed, then we will need more of those northerners to be educationally prepared to undertake training for skilled employment.

The politics of place

Robert Coutts 7 minute read Preview

The politics of place

Robert Coutts 7 minute read Saturday, Apr. 17, 2021

From the Introduction to Authorized Heritage: Place, Memory, and Historic Sites in Prairie Canada, by Robert Coutts, published by University of Manitoba Press

Landscape as culture. It is a concept that at first glance seems peculiar.

Upon reflection, however, we realize that our Western view of landscape is the result of shared values and shared culture, a culture assembled from a rich accumulation of myths, folklores, events, and memories. Such landscapes of memory are cultural memories, and we all experience place and memory in different ways.

One of my own encounters came from historical interest rather than personal familiarity. It was in August of 1983 that I found myself with a small group of people in a boat heading to Hudson Bay. We were travelling on the Hayes River in northern Manitoba, bound for York Factory, the once great trading post and entrepôt of the Hudson’s Bay Company. Leaving from the junction of the Fox and Hayes rivers about 120 kilometres southwest of Hudson Bay, we travelled the river in the warm summer sunshine as the topography of the lowlands became flatter, the riverbank grew steeper, and the fir trees appeared smaller and stunted, bent low by the winter winds off the bay.

Read
Saturday, Apr. 17, 2021

Railways report more accidents with dangerous goods

Dylan Robertson 6 minute read Preview

Railways report more accidents with dangerous goods

Dylan Robertson 6 minute read Monday, Jan. 20, 2020

OTTAWA — The number of rail accidents involving dangerous goods more than doubled in Canada in 2018.

There were 25 accidents involving dangerous goods in 2018, involving one death, according to Transport Canada data published Monday.

There were 11 accidents recorded a year prior, and five in 2016.

These accidents involve dangerous goods — flammable or corrosive substances — that either exploded or leaked.

Read
Monday, Jan. 20, 2020