Toronto Police Mounted Unit officers patrol a city park in Toronto on Thursday, April 16, 2020. The Canadian Civil Liberties Association says it’s going to seek amnesty for all tickets issued for municipal recreational infractions during the COVID-19 pandemic. THE CANADIAN PRESS/Frank Gunn

Toronto Police Mounted Unit officers patrol a city park in Toronto on Thursday, April 16, 2020. The Canadian Civil Liberties Association says it’s going to seek amnesty for all tickets issued for municipal recreational infractions during the COVID-19 pandemic. THE CANADIAN PRESS/Frank Gunn

Civil Liberties group seeks amnesty for recreational tickets issued during pandemic

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.

“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.”

READ MORE: Is COVID-19 baby boom a myth? How relationships might be tested during the pandemic

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.”

READ MORE: B.C. police can now issue $2,000 tickets for reselling medical supplies, price gouging

General deterrence exists in the law, but issuing a fine of more than $800 to a person receiving $2,000 a month in emergency federal government assistance is 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.

CoronavirusOutdoors and Recreationparks

Just Posted

(Dave Ogilvie photo)
One injured after being pinned by fallen forklift near Peachland

West Kelowna emergency crews responded to reports of a person stuck under a forklift

(Big White Ski Resort/Contributed)
Big White’s big clean-up: Large turnout for post-melt mountain tidy

More than 165 people showed up to help gather the litter left behind from the winter season

Mounties cover a burgundy truck with a tent at Buckerfields in West Kelowna on Monday, June 14. The RCMP is investigating after a woman’s body was found inside the truck. (Amandalina Letterio/Capital News)
West Kelowna RCMP investigating suspicious death after body found in truck

Police responded to a truck parked out front of a Main Street business where the body was found

(Jenna Cocullo / The Northern View)
Delays expected on Lakeshore Road this week

Northbound traffic on Lakeshore between Richter and Barrera will be detoured for paving

David Larsen, left, and co-host Tony Peyton. (K96.3/Twitter)
Popular Kelowna radio host dies after battle with cancer

David Larsen was half of the longtime Kelowna morning-show duo David and Tony

Singer-songwriter Jann Arden is pictured with a draft horse. (Canadian Horse Defence Coalition)
Jann Arden backs petition to stop live horse export

June 14 is the International Day to End Live Export of Animals

Montreal Canadiens goaltender Carey Price (31) is scored on by Vegas Golden Knights defenseman Alec Martinez, not pictured, during the second period in Game 1 of an NHL hockey Stanley Cup semifinal playoff series Monday, June 14, 2021, in Las Vegas. (AP Photo/John Locher)
Habs fall 4-1 to Vegas Golden Knights in Game 1 of NHL semifinal series

Match was Montreal’s first game outside of Canada in 2021

Penticton Overdose Prevention Society co-founders Desiree Franz, Shane Surowski and Stephanie Lines have created the city’s first unsanctioned public overdose prevention site using an old wine-tour bus. The site began operations in June 2021. (Desiree Franz/Facebook)
Volunteers launch Penticton’s first public supervised injection site

2021 is on pace to be the deadliest year for overdoses in Penticton on record

Kelowna-Lake Country MLA Norm Letnick, assistant deputy speaker at the B.C. legislature, presides over committee discussions. The legislature is completing its delayed spring session this week, with most MLAs participating by video conference. (Hansard TV)
B.C.’s daily COVID-19 infections dip below 100 over weekend

Only 68 new cases recorded Monday, four additional deaths

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

B.C. ambulance station in Revelstoke is expected to get a new system called the Scheduled On-Call (SOC) this fall. (Liam Harrap - Revelstoke Review)
B.C. ambulance changes could put Revelstoke residents at risk, warn local paramedics

Paramedics said to expect a substantial increase in ambulance response time starting this fall

Jane Linden
KCR: Volunteering keeps you active

Kelowna Community Resources shares stories of its volunteers in a weekly column

This goose family went for a leisurely stroll down Vernon’s Main Street Saturday, April 25. (Dave Deshane photo)
Controversial Vernon goose cull won’t fly this year

Necessary permit procedures held up at a federal level

The BC Ferries website went down for a short while Monday morning following a provincial announcement that recreational travel between health authorities can resume Tuesday. (Black Press Media file photo)
BC Ferries’ website crashes in wake of provincial reopening announcement

Website back up now, recreational travel between health regions to resume as of Tuesday

Most Read