Vagrancy
Vagrancy was dropped from the Criminal Code as it was considered too broad and infringed on provisions in the Canadian Charter of Rights and Freedoms.
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Plain-Language Summary
Vagrancy: A vagrant was once defined as being a “loose, idle or disorderly person.” Vagrancy was dropped as a crime from the Criminal CodeA federal act codifying most criminal offences in Canada 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 FreedomsGuarantees the rights and freedoms of people in Canada. At least two provinces and many municipalities have laws addressing loiteringLingering in a place without a clear purpose, sometimes in a way that obstructs others. and soliciting money in public.
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 1994, 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
Canada no longer has a general Criminal Code offence called "vagrancy." Some related conduct may still be addressed through other laws, depending on the facts and location. For example, provinces and municipalities may regulate aggressive solicitation, obstruction, trespass, nuisance, loitering, or similar conduct through provincial statutes or local bylaws. The exact rule and penalty depend on the place and the wording of the applicable law.
Vagrancy today
Vagrancy is no longer a chargeable Criminal Code offence in Canada. The former vagrancy section, s. 179, was repealed in 2019.
Provincial and municipal rules
Some provinces have laws dealing with specific conduct such as aggressive solicitation or certain street-level activities. These are not Criminal Code vagrancy offences, and the rules vary by province.
Ontario has its own statute and set-fine framework. Specific dollar amounts should be checked against the current official Ontario source.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Vagrancy Glossary entry →
- Not having a job or the means to support yourself
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
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Criminal Code s. 179 Former vagrancy provision (repealed 2019)Source current to: 2026-05-26View official source ↗
Government References
- Canadian Charter of Rights and Freedomshttps://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/
- Criminal Codehttps://laws-lois.justice.gc.ca/eng/acts/c-46/
- Safe Streets Act (British Columbia)https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_04075_01
- Safe Streets Act (Ontario)https://www.ontario.ca/laws/statute/99s08
- Trespass to Property Act (Ontario)https://www.ontario.ca/laws/statute/90t21
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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
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Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.