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Law-Matters

Begging for money?

So, last week, I was on the radio in Vancouver. I was a guest speaker on CKNW radio, talking about panhandling and the laws around it.

Now, if you recall, I wrote a column about this topic about a year ago: Is panhandling illegal? And, while I had written about the law around panhandling before, I wanted to do some extra research. Really, I didn’t want to sound foolish on the radio!

So, for a few hours, I did some extra research, and I thought I would share some of that research with you.

To start, there are actually a lot of laws that attempt to regulate how people can panhandle.

In 2004, the provincial government created the Safe Streets Act. It was an attempt to make a bunch of different types of panhandling illegal.

The prime motivating factor behind this law was that a lot of businesses were complaining about panhandlers harassing their customers. Also, tourists were being “put off”, especially in Vancouver.

So, the new laws made it illegal to ask for money in an “aggressive” way. Now, what does that mean?

Well, it means that panhandlers can’t follow someone for money, they can’t use threatening or rude gestures, they can’t block someone’s path, and they can’t repeatedly ask someone for money. If someone violates these rules, then they can receive a $115.00 fine.

The new laws also made it illegal to panhandle in certain places, basically creating “no go” zones for panhandlers. So basically, panhandlers can’t ask for money within 5 meters of a bus stop, a public toilet, a pay phone, or an ATM. It basically made it illegal for panhandlers to ask a person for money if that person is standing in a place and is being held ‘captive’, not being able to walk away (because they are waiting for the ATM or whatever else). There is an $86.00 fine for this offence.

Now, the provincial government didn’t REALLY have to pass these laws - this is because a lot of municipalities already have very similar laws.

Cities, such as Kelowna, Kamloops and Vancouver have laws that outlaw nearly the same type of panhandling. In fact, the municipalities’ laws are often ‘tougher’ on panhandlers. For instance, Kamloops, Kelowna and West Kelowna make it illegal to ask for money within 10 METERS (rather than 5 meters) of an ATM or bus stop.

But, really, what’s the point of giving a fine to someone who is panhandling? If you thought this, you’re exactly right.

The typical ways that are used to get money from people (who owe fines or debts) don’t really apply to people who are begging for money. After all, if they had assets to collect or wages to garnish, they probably wouldn’t be panhandling in the first place…

So, what do authorities do? Well, let’s not forget the Criminal Code, which arguably has more ‘teeth’.

The Criminal Code makes it illegal to threaten someone or disrupt someone’s right to enjoy their property (while panhandling).

And, make no mistake: the Criminal Code is used against panhandlers. For instance, in Victoria last year, a man was arrested and charged with mischief (a Criminal Code offence) for repeatedly entering into businesses and asking customers for money.

Clearly, there are a lot of laws that surround panhandling.

And, as a ‘final thought’ (quoting Jerry Springer), let’s not paint all panhandlers with the same brush. Sure, some people will act aggressively. But, others are simply down on their luck and don’t deserve to be treated with disrespect. So, be nice.

And now you know.

 

**The information contained in this column should not be treated by readers as legal advice and should not be relied on without detailed legal counsel being sought.



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About the Author

Jeff Zilkowsky is a lawyer practicing at MacLean Law in the Lower Mainland and in Kelowna, and focuses his practice on family law and litigation.  

In his column, Jeff provides information about current legal events or points of interest or concern relating to the law. 

The information contained in Jeff’s column should not be used or relied upon as legal advice.

Comments are always appreciated and encouraged, so don’t hesitate to email Jeff at [email protected]

Visit Jeff’s website at www.jeffzilkowsky.com or visit the website of MacLean Law.



The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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