Maple Ridge bylaw takes aim at ‘aggressive’ panhandling
But legal advocate questions whether it perpetuates stigma of living in poverty
Maple Ridge’s approval of a bylaw aimed at regulating panhandlers is drawing questions from a legal advocate, who fears it may hurt already marginalized populations. And she wants to know if the bylaw will be enforced, and whether it will be effective.
The legislation was approved 6-1 by councillors who described it as targeting aggressive panhandlers.
It follows moves in recent years by other B.C. municipalities to spell out anti-panhandling offences and issue tickets and fines for them.
Under the Maple Ridge bylaw, panhandlers can be charged up to $100 if they ask for money from someone in a car or after dark.
They are prohibited from blocking a pedestrian or harassing a person after they have been denied money. They are also banned from asking for cash within 10 metres of a bank, ATM, bus stop, daycare or liquor and cannabis stores.
In Penticton earlier this year, council banned panhandling on some sidewalks in some downtown areas with fines of $100. Kelowna city council voted last year to make it a ticketable offence to give away money, or recyclable items of some value, to other people in certain circumstances. People who give away recyclables within 500 metres of a recycling depot, for example, could be fined $250.
“Some of these (bylaws) are going to perpetuate the stigma of members of the community who are living in poverty. These are members of the community who are living in poverty and who are seeking to supplement their income,” said Meenakshi Mannoe, manager of community education at Pivot Legal Society.
She pointed to the society’s Project Inclusion report, which involved Pivot visiting 10 B.C. communities to gauge how people “who live in public spaces interact with police, bylaw officers and private security” officers.
“We need to hear from the folks who rely on these public spaces and their concerns,” said Mannoe, adding municipalities need to “stigma audit” their policies.
Coun. Judy Dueck, who voted in favour of the bylaw, said some areas in Maple Ridge with the most acute levels of panhandling were ones with more retail traffic, meaning the legislation has the support of some business owners.
Coun. Kiersten Duncan, who voted against the bylaw, said people living in poverty often have problems in addition to addictions and homelessness. She said while, in theory, bylaw officers who issue tickets for violations are supposed to help connect them to social service providers, this step isn’t actually stated in the legislation.
She questioned how people living in poverty will pay fines.
“I strongly feel that we are regulating the way that people are living in poverty, rather than putting money and resources into social services,” Duncan said.
As well, since the bylaw will be enforced on a complaint basis, she asked how officers will logistically track down offenders and worries it could come down to their “picking and choosing” among them.
The province has its own Safe Streets Act as well as amendments to a Trespass Act, which were brought in in 2005 by the Liberal government.
These can be applied to people who are soliciting or trespassing in an aggressive manner, according to the B.C. Ministry of Public Safety and Solicitor General. The provincial act gives police a way to respond to specific situations by issuing a ticket.
Public Safety Minister Mike Farnworth was not available for an interview and declined to comment in a statement whether he supports Maple Ridge’s new bylaw and others similar to it. The ministry doesn’t have current statistics on the use of the Safe Streets Act.
The Vancouver Police Department said its officers issued 116 tickets under the Safe Streets Act in 2018, and 98 so far this year.