The Income Support Advocacy Centre is pleased that the Ontario Superior Court of Justice has found that some provisions of the Safe Streets Act violate the freedom of expression and presumption of innocence of people who panhandle to survive, and are therefore unconstitutional.
Lawyers representing Fair Change Community Services, Aboriginal Legal Services, Justice for Children and Youth, the Canadian Civil Liberties Association, the Ontario Human Rights Commission, and the Income Security Advocacy Centre, argued that the law, which came into effect in 2000 and has resulted in millions of dollars of fines for some of the most vulnerable Ontarians, unjustifiably breaches several of their rights under the Canadian Charter of Rights and Freedoms.
“In the end, this is a victory for those struggling to survive on social assistance. Social assistance rates do not meet the needs of people experiencing income insecurity, and for many vulnerable people, there is no other option but panhandling to survive,” said Nabila Qureshi, Staff Lawyer at the Income Security Advocacy Centre (ISAC), an intervener in the case.
For over 20 years, the Safe Streets Act criminalized the most impoverished members of our communities for asking for help in public. The Superior Court’s decision makes the essential point that panhandling does not automatically cause the public to be concerned for their safety. For example, the Court explained that an intoxicated person sitting cross-legged on the ground and holding up a sign asking for spare change is not engaging in a criminal act, but in essential communication with their community. It may be the only way for some to ask for help and explain their unfortunate circumstances.
“People who are struggling already face many barriers to accessing other income supports, so we are pleased that as a result of this decision, people in need will face fewer limitations when they ask their fellow community members for help,” said Qureshi. “In the midst of inadequate social assistance rates, a housing crisis and rippling negative health and economic effects of the pandemic, we are pleased that this decision will help push forward the public conversation about income inequality in Ontario.”