ADMINISTRATIVE REPORT

Date: February 22, 2001
Author/Local: FLT / 7509

RTS No. 1938

CC File No. 113

Council: March 6, 2001

TO:	Vancouver City Council
FROM:	City Manager
SUBJECT:	Panhandling By-law

RECOMMENDATION

A. THAT the Panhandling By-law be repealed.

B. THAT a by-law amending the Street and Traffic By-law by adding provisions to control the obstructive solicitation for donations (the "By-law") be enacted.

C. THAT the Director of Legal Services be requested to bring forward the By-law for enactment.

If recommendation C is approved, the By-law will be presented for enactment at today's meeting of Council.

CITY MANAGER'S COMMENTS

The City Manager recommends approval of the foregoing.

POLICY

There is no Council Policy that relates directly to this item.

PURPOSE

The purpose of this report is to seek Council approval for the repeal of the Panhandling By-law and the enactment of a by-law amending the Street and Traffic By-law by addingprovisions to control obstructive solicitation for donations.

BACKGROUND

Over the past few years, obstructive panhandling has become a growing concern to residents and business communities throughout Vancouver. The Panhandling By-law was enacted in April 1998 as one initiative amongst others to address this concern. It is modelled on a similar by-law previously enacted by Winnipeg.

A legal proceeding to challenge the validity of Vancouver's Panhandling By-law was commenced in May 1999. The By-law is challenged under three sections of the Charter of Rights and Freedoms (freedom of expression; right to life, liberty and security of the person; and discrimination). The By-law is also challenged on the basis that it constitutes a constitutionally illegal attempt to enact criminal law and that the City has no authority to enact it under the Vancouver Charter.

The Winnipeg panhandling by-law was also challenged in Court. In pre-trial proceedings, the Judge commented that the limitations on panhandling in the Winnipeg by-law might be problematic in terms of the Charter of Rights and Freedoms. As a result of these judicial comments, Winnipeg repealed its by-law and enacted a new by-law in September 2000 called "A By-law to Control Obstructive Solicitations for Donations".

DISCUSSION

Vancouver's Panhandling By-law is virtually identical to the original Winnipeg By-law. The regulation of panhandling as a street activity constitutes a pressing and substantial concern. However, such regulation must balance the competing rights of all people who use the streets including pedestrians, panhandlers, and those who derive their business from street traffic such as merchants and shop owners. It is recommended that the Panhandling By-law be repealed and that amendments to the Street and Traffic By-law be enacted which would better balance those rights.

The proposed amendments consist of provisions which regulate the solicitation for donations carried out in a manner which obstructs free movement on streets and sidewalks and obstruction in the form of "persistent" panhandling. Their objective is to regulate the use of city streets in a manner that acknowledges the varied interests of all people who use the streets. The proposed amendments are also in conformity with the Vancouver Transportation Plan which recognizes the pedestrian mode of travel as the most fundamental transportation mode and establishes pedestrians as the top transportation priority.

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(c) 1998 City of Vancouver