Is Panhandling a Right?

May 13, 1999

Sean O'Neill says its his right to ask you for money -- and he's going to court to prove it. He believes Canada's Charter of Rights and Freedoms means that Canadians are free to beg if they want to.

The Charter sets out the laws that govern the legal rights of Canadian citizens.

Sean 's launching a Charter challenge against Ottawa's anti-panhandling laws after he was ticketed for begging on the street.

Sean used to beg on a patch of downtown Ottawa sidewalk, wedged between a bank and a grocery store. He sat on the ground, silent, with a hat in front of him. Police often asked him to move. In March, he got a $50 ticket -- and decided to take it to court.

This is the first time an individual has challenged begging laws in court. It could be a landmark case, one with consequences for a number of Canadian cities that restrict or ban panhandling.

"What I was doing wasn't wrong, there was nothing wrong with it. I wasn't harassing anyone. And I think I live in a place where people have the right to give charity first-hand,'' Sean told Carla Hilton, a reporter for CBC radio news .

Lawyer Mark Ertle plans to challenge the law on two counts -- it restricts freedom of expression, and security of the person, individual freedoms guaranteed under the Charter.

"You can understand that the police would see it was sort of fruitless to charge people who are begging with an offence for which they're going to receive a fine, which they can never pay anyway. And so while a lot of people aren't charged, I think the police do use the law to clear the streets," Mr. Ertle says.

Here's what the Charter says:

Everyone has the following fundamental freedoms:

Freedom of conscience and religion; Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; Freedom of peaceful assembly; and Freedom of association.

The Charter guarantees certain freedoms for everyone in Canada . Under section 2 of the Charter, Canadians are guaranteed freedom of thought, belief and expression. Since the media are an important means for communicating thoughts and ideas, the Charter also protects the right of the press and other media to speak out . Canadian traditions and laws have reflected the freedoms set out in section 2 for many years . Since 1982, the Charter has given these freedoms constitutional protection.

These freedoms are set out in the Charter to ensure that Canadians are free to create and to express their ideas, gather to discuss them and communicate them widely to other people. These activities are basic forms of individual liberty. They are also important to the success of a democratic society like Canada. In a democracy, people must be free to discuss matters of public policy, criticize governments and offer their own solutions to social problems.

Even though these freedoms are very important, governments can sometimes limit them. For example, laws against pornography and hate propaganda are reasonable limits on freedom of expression because they prevent harm to individuals and groups.

Sean's court case is still a few weeks away. But people with an interest in issues like democratic rights and poverty are watching the Ottawa case closely.

The Canadian Civil Liberties Association and the National Anti-Poverty Organization have both expressed interest in going before the court to explain their positions.



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3. Whom or what have Canadian traditions and laws reflected?


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