Social-distancing enforcement ‘unfair and arbitrary,’ critics say
OTTAWA — A civil liberties group is cautioning police and municipal bylaw officers against levelling increasingly draconian fines against people who fail to adhere to social distancing measures, as cities and towns double down on efforts to stem the spread of COVID-19.
Police and bylaw officers across Canada have issued hundreds of fines against people who break social-distancing rules, turning unwitting dog walkers into social deviants and sowing confusion over what is acceptable behaviour during the pandemic.
Municipal law enforcers in Halifax, Montreal and Ottawa in particular have slapped residents with harsh penalties in recent days, according to a review of fines in major cities by the National Post. City officials have fined people who rest in public parks or cross through empty soccer fields, and threatened charges against neighbours who attended a social-distancing birthday party from their cars.
“At some point this pandemic, in some jurisdictions, stopped being about public health and started being about public order, because politicians weren’t seeing the behaviour that they wanted out of their constituents,” said Michael Bryant, executive director of the Canadian Civil Liberties Association.
He warned that the stillhazy social-distancing measures being enforced across the country could lead to further negligence if people feel targeted, or if government is seen to be overreaching its authority. Various pundits and political observers have warned that the social fallout from overly strict isolation measures could outweigh the health risks themselves.
“When laws are unworkable or indecipherable, people will ignore them,” Bryant said. “When enforcement is unfair and arbitrary, people become less compliant and more defiant. They focus less on trying to obey the rules, and more on trying to not get caught.”
The warning comes amid mounting confusion and frustration over the introduction of stringent social distancing rules, which have been enforced in a patchwork manner across Canadian cities and towns.
Bylaw officers in Ottawa handed out more than 40 tickets this weekend, including an $880 fine for a man who was caught walking his dog. Corey Yanofsky was fined for walking through Ottawa’s Britannia Park, which has been closed to pedestrians in an effort to contain the spread of the virus, according to a report by the Ottawa Citizen.
Officers ticketed another Ottawa man $2,000 for declining to identify himself.
As of Monday morning, the Montreal Police Service had issued 67 fines at around $1,546 each, including fees.
The Quebec provincial police had filed 157 reports on people as of Monday.
In the last four days alone, RCMP in Nova Scotia have fined 38 people for offences under the Nova Scotia Health Protection and Emergency Management Acts, according to a press release.
Montreal charges included fines of $1,500 each against a group of 12 youths playing soccer at an outdoor field, according to a report by La Presse.
Bylaw officers also threatened fines against Montreal woman Mélissa Leblanc for “disrespecting social distancing,” after a group of Leblanc’s friends wished her happy birthday by driving to her house and honking their car horns.
Leblanc had watched the celebration through the window of her home, according to the La Presse report.
Vancouver had received 69 complaints on its 311 snitch line before the weekend, but had not yet issued any fines, according to city representatives.