The CCLA is greatly encouraged by Regina City Council’s unanimous vote to repeal the “Tag Day By-law”, a provision that was being used by Regina police to charge and fine panhandlers. In September 2009 CCLA wrote to Council, suggesting that the prohibition on panhandling could be an unconstitutional restriction on freedom of expression, and constituted poor public policy.
The Tag Day By-law prohibited begging or asking for charitable donations without a permit. The By-law was originally intended to regulate the number of charitable organizations who could fundraise on public property at any given time. In recent years, however, it has been used by the Regina police to target and fine individuals begging for money on public property. In 2008 and 2009, thirty-one charges were laid under the By-law; all involved panhandling situations. The majority of those charges resulted in arrest warrants being issued when the panhandlers did not appear for their court appointment.
Although the issue of responding adequately to homelessness raises difficult public policy questions, it is quite clear that the use of a penal approach is not the answer. Begging has been ruled to be a form of expression, both for the poor – who may have few means to communicate the urgency of the situation – and for those in society at large, who may not otherwise hear the message of such a marginalized community. Streets, parks and public spaces must be open to all forms of communication and prohibitions on begging constitute an infringement on expressive freedom. It is also clear that there are few demonstrable public policy benefits to the prohibition that could justify it in a free and democratic society. CCLA applauds the Regina Council for their unanimous decision.
To read CCLA’s letter to Regina City Council, September 1, 2009, click here.
To read Regina City Council Executive Committee’s Report and Recommendation, December 21, 2009, click here.
