Is it a Crime to Panhandle in Ontario?

Panhandling, also known as begging or soliciting alms, is a common practice in urban areas where individuals ask strangers for money or goods. It is a complex issue involving social, economic, and legal considerations. In Ontario, Canada, the legality of panhandling is of interest and concern to policymakers and citizens alike. To understand the legality of panhandling in Ontario, it’s necessary to examine the relevant statutes and legal precedents. 

In the Canadian Criminal Code, solicitation is not explicitly defined as a separate offense. Furthermore, in Ontario, municipalities have the authority to enact bylaws that regulate certain activities, including panhandling, within their jurisdiction. These bylaws may include restrictions on where and how panhandling can take place, as well as prohibitions against aggressive or intimidating behavior. Panhandling is considered a provincial offense, which carries fewer serious consequences than criminal offenses defined in the Criminal Code.

The main legislation governing this issue is the Safe Streets Act, 1999. This law was enacted under Mike Harris and the Progressive Conservative Party, Ontario to improve public safety and enhance the quality of life in communities. It covers various activities related to solicitation, including aggressive panhandling. 

The Safe Streets Act,1999

In Ontario, the Safe Streets Act makes it illegal to panhandle in certain locations, including public transit vehicles. The Act also prohibits soliciting in an aggressive manner and soliciting a captive audience, including people waiting to use public transit vehicles. Violations of the law can result in fines and imprisonment. Let’s consider each act of solicitation in more detail:

Solicitation in an Aggressive Manner

Under the Safe Streets Act, panhandling is indeed regulated, but it’s essential to differentiate between passive and aggressive forms of solicitation. Section 3(2) of the Act prohibits aggressive panhandling, which is defined as soliciting in a manner that is intimidating or causing a reasonable person to fear for their safety or security. 

Examples of aggressive panhandling prohibited under the act include:

• Threatening a person with physical harm by word, gesture, or other means.
• Obstructing the path of the person.
• Using abusive language during the solicitation.
• Following the person or soliciting while intoxicated by alcohol or drugs.
• Continuing to solicit in a persistent manner after the person has responded negatively to the solicitation.

Soliciting a Captive Audience

This encompasses soliciting individuals who are preoccupied. In this context, ‘preoccupied’ can, for example, be a person who is:

• using, waiting for, or leaving an automated teller machine;
• using or waiting to use a pay phone or public toilet; or
• waiting at a taxi stand or public transit stop.

Panhandling is also prohibited in certain locations such as soliciting someone in or on a public transit vehicle. Additionally, it’s also illegal to solicit someone who is in a parking lot, in the process of getting in or out of a vehicle, or in a stopped, standing, or parked vehicle on a roadway.

Penalties and Fines 

A first conviction for a panhandling offense under the Safe Streets Act can result in a fine of up to $500. A second conviction for the same offense can result in a fine of up to $1000 or imprisonment for up to six months.  

Aggressive panhandling is a specific offense that can result in fines or, in some cases, imprisonment as mentioned, but it does not create a criminal record.

Permitted Panhandling Activities

Registered charities are exempt from the Safe Streets Act. The act specifically allows for charitable institutions to solicit without being subject to the restrictions. Additionally, the Act does not apply to soliciting on roadways, which is permitted under the Highway Traffic Act

However, these exceptions are limited, and the majority of panhandling activities are regulated by the Safe Streets Act.

Arresting a Panhandler Without A Warrant

You can only be arrested under the Safe Streets Act if the police reasonably believe that you have contravened the Safe Streets Act and the police officer warned you prior to the incident not to engage in that activity. 

You may also be subject to arrest if the officer reasonably suspects that the arrest is necessary to ascertain your identity or to prevent further violations of the Act.

If you are being arrested, you should immediately ask to speak to a lawyer or duty counsel.

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What Defenses Are Available to a Charge of Panhandling?

If you are charged with panhandling in Ontario, you may have some defenses available to you.

As mentioned above, the Safe Streets Act prohibits aggressive panhandling and soliciting a “captive audience”, including people waiting to use an ATM or public toilet for example. Failing to show that you were aggressively panhandling can act as a defense to this charge. If you were simply sitting on a road with a sign or a cup, asking for money, this would be passive at best, and you could argue that you were not trying to harass or intimidate anyone.

Failing to show that you were harassing anyone would mean that there is insufficient evidence to prove you guilty of the crime.

Additionally, if police act in violation of your rights under the Canadian Charter of Rights and Freedoms, your lawyer can argue that the police did an illegal search and seizure. If successful, evidence of your panhandling would be suppressed. 

Criticism and Constitutional Challenges

The Safe Streets Act has been criticized for targeting homeless, mentally ill, and addicted persons and for being costly to implement with almost zero revenue. Several groups and individuals have called for the repeal of the Safe Streets Act, arguing that it criminalizes poverty and mental illness and is not cost-effective.

The Act is also criticized for its vague language, which gives law enforcement officials broad discretion in its application. The act has also been the subject of constitutional challenges, with some arguing that it violates several Charter rights, including freedom of expression, equality, the right to life, liberty, and security of the person. 

In one such (unsuccessful) challenge, in the landmark case R v. Banks 2007 ONCA 19, the Ontario Court of Appeal examined the constitutionality of the Safe Streets Act in relation to the right to freedom of expression protected under the Charter.

The Court acknowledged that while the Act restricts certain forms of expression, such as aggressive panhandling, it aims to promote public safety and prevent disorderly conduct. Ultimately, the Court upheld the constitutionality of the legislation, emphasizing the importance of balancing individual rights with broader societal interests.

Conclusion

In navigating the issue of panhandling, it’s essential for individuals, businesses, and law enforcement agencies to approach the matter with empathy and understanding. While aggressive panhandling can indeed pose safety concerns and disrupt public peace, not all forms of solicitation warrant punitive measures.

If you find yourself facing charges related to panhandling, remember that legal assistance is available to you. Contact Pyzer Criminal Lawyers for guidance and support in navigating the legal system. Together, let’s work towards a society where everyone can find dignity and opportunity, regardless of their circumstances.