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

New book details 1893 murder in Abbotsford and 2 trials that followed

Farmer John Marshall was found dead on his Sumas Prairie property

Abbotsford Police Department’s public service counter reopens

Some modified protocols in place for the public due to COVID-19

VIDEO: Abbotsford Time Lapse 2020

YouTube user posts video showing time lapse of several Abbotsford locations

Abbotsford resident receives award from B.C. Historical Federation

Bill Glasgow honoured for work on British Columbia History magazine

VIDEO: #FreeThemAll group protests for prisoner rights in Abbotsford

About 20 participate in car demonstration outside of Matsqui Institution on Sunday

Facing changes together: Your community, your journalists

New platform allows readers to make a one-time or ongoing donation to support local journalism

Kelowna man charged with harming a hamster

The 20-year-old Kelowna man faces several animal cruelty charges

High tech fish transport system set up to ‘whoosh’ salmon past Big Bar landslide

Fish will spend roughly 20 seconds inside the system, moving at roughly 20 metres per second

Trudeau to seek 10 days of paid sick leave for Canadian workers, says talks are ongoing

Paid sick leave is key to keeping COVID-19 spread under control, prime minister says

Snowbirds jets will not be leaving Kamloops, just yet

The Snowbirds have been in Kamloops since May 17 when a plane crashed killing Capt. Jennifer Casey

COVID-19 checkpoints ‘up to them,’ Bonnie Henry says of remote B.C. villages

Support local tourism economy, but only if you’re invited in

Vancouver Island hasn’t seen a new homegrown case of COVID-19 in two weeks

Island’s low and steady transmission rate chalked up to several factors

Eight people arrested in Victoria homeless camp after enforcement order issued

Those living in tents were given until May 20 to move indoors

Most Read