QUICK TAKEAWAY
Vagrancy: A vagrant was once defined as being a “loose, idle or disorderly person.” Vagrancy was dropped as a crime from the Criminal Code in 2019. That came decades after the Supreme Court of Canada struck down a section of the charge, stating it was too broad and infringed on provisions in the Canadian Charter of Rights and Freedoms. At least two provinces and many municipalities have laws addressing loitering and soliciting money in public.
Table of Contents:
What is Vagrancy in Canada?
The original 1892 Criminal Code said a "loose, idle or disorderly person or vagrant" could be subject to a maximum fine of $50 or imprisonment not exceeding six months, with or without hard labour.
In 1970, the vagrancyNot having a job or the means to support yourself legislation once found in section s.179 of the Criminal Code was expanded to target those loitering near schools, playgrounds, public parks or bathing areas, with charges prosecuted as summary convictions. Under this law, anyone who supported themselves by gaming or crime, or who has "no lawful profession or calling by which to maintain himself" could have been charged with vagrancy.
In a 1994 decision R. v. Heywood, 1994 CanLII 34 (SCC), [1994] 3 SCR 761, the Supreme Court of Canada struck down a subsection of that law, concluding it was overly broad and infringed on liberties more than necessary. The entire legislation was removed from the Code in 2019.
Provincial and Municipal Regulations
Across Canada, provincial and municipal governments have passed laws to control loiteringLingering aimlessly in a public place and soliciting. From west to east, here are some examples.
In British Columbia, the B.C. - Safe Streets Act makes it an offence if someone asks for money “in a manner that would cause a reasonable person to be concerned for [their] safety or security.” It also prohibits people from soliciting money from people in cars or waiting to use a banking machine.
In Vancouver, s.70 of bylaw 2489 [PDF] makes it a crime to physically approach or harass people on the street.
In Calgary, a document titled “Bylaws Related to Public Behaviour” notes that “loitering the obstructs people in public places is prohibited.”
In Edmonton, bylaw 14614 [PDF] outlaws “aggressive panhandlingAsking for money in a public place,” which it says is marked by threats, insult or aggression to those being solicited.
In Ontario, the Ont. - Safe Streets Act addresses panhandling and the solicitation of money undertaken in a manner “to cause a reasonable person to be concerned for his or her safety or security.”
According to information on (Know Your Rights) from the Toronto Police Service, officers have the duty to enforce the Trespass to Property Act and investigate people they suspect are trespassing. The service explains trespassing means being somewhere you are prohibited from being or “being engaging in prohibited activity on private property (for example, loitering or littering).”
In Montreal, a bylaw makes it an offence to impede pedestrian and vehicular traffic by “standing still, prowling or loitering on public thoroughfares and places.”
In Halifax, bylaw N-300 makes it a crime to “create, continue or suffer any nuisance to exist on or near a street.”
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Affleck & Barrison LLP
Creighton Law Firm
Risen, Inch & Fraser
Brian J. Scott Law - Criminal Lawyers
Sandip (Sandy) Khehra, Criminal Defence Lawyer
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Glossary of Legal Terms
Loitering
Lingering aimlessly in a public place and obstructing persons who are lawfully there.
Panhandling
Asking for money from people in a public place. The Criminal Code makes it an offence to impede or molest other persons in a public place.
Vagrancy
The condition of not having a lawful profession or the means to financially maintain yourself. It is usually accompanied by being homeless.
