RCMP crest. (Black Press Media files)

Civil Liberties group to seek amnesty for recreational tickets issued during COVID

The association has received at least 100 public complaints over the past 10 days

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.

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.

READ MORE: Harsh policing and big fines don’t make people safer from COVID-19: criminologists

“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 who could be receiving $2,000 a month in emergency federal government assistance is draconian 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.”

Ross Marowits, The Canadian Press

Like us on Facebook and follow us on Twitter.

Coronavirus

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Commercial plaza proposed for Rocky Creek and Ludlow intersection

Town Council directed the application proceed for further consideration

Symphony pop-up concerts coming to Saltair

Only 40 tickets available so get them soon if you’re interested

South Wellington Elementary demolition not taking place next school year

Nanaimo Ladysmith Public School trustees vote against razing south-end school in 2020/21

One piper piping during the pandemic

Tribute to health care workers reaches the 100th performance

Town of Ladysmith receives $3.3 million grant for Arts & Heritage Hub

The funds will go to creating artist studios around the Machine Shop and maintaining heritage assets

VIDEO: Alberta man rescues baby eagle believed to be drowning in East Kootenay lake

Brett Bacon was boating on a lake in Windermere when he spotted the baby eagle struggling in the water

Facing changes together: Your community, your journalists

We’re asking you to lock arms with us, as we look to better days ahead

Vancouver Island business ad unintentionally features OK gesture linked to white supremacy

Innocuous ‘OK’ gesture in cleaning franchise advertisement gets flak on social media for ‘supposedly’ promoting white supremacy

Minivan driver’s speed a factor in fatal 2018 Malahat crash

Driver was travelling at 110 km/h in a construction zone

Comox Valley RCMP looking for missing woman

Ami Guthrie was last seen in Courtenay in early July

Conservationists raise concerns over state of care for grizzly cubs transferred to B.C. zoo

‘Let them be assessed now before their fate is sealed,’ urges B.C. conservationist Barb Murray

B.C.’s COVID-19 job recovery led by tourism, finance minister says

Okanagan a bright spot for in-province visitor economy

National Kitten Day aka the ‘purrfect’ day to foster a new friend

July 10 marks National Kitten Day, a special day to celebrate all things kittens

Lower Mainland YouTubers claim to be Kelowna display toilet ‘poopers’

RCMP can not speak to legitimacy of video, will be investigating

Most Read