Toronto Police Mounted Unit officers patrol a city park in Toronto on Thursday, April 16, 2020. The Canadian Civil Liberties Association says it’s going to seek amnesty for all tickets issued for municipal recreational infractions during the COVID-19 pandemic. THE CANADIAN PRESS/Frank Gunn

Toronto Police Mounted Unit officers patrol a city park in Toronto on Thursday, April 16, 2020. The Canadian Civil Liberties Association says it’s going to seek amnesty for all tickets issued for municipal recreational infractions during the COVID-19 pandemic. THE CANADIAN PRESS/Frank Gunn

Civil Liberties group seeks amnesty for recreational tickets issued during pandemic

The association has received at least 100 public complaints over the past 10 days

The Canadian Civil Liberties Association says it’s going to fight for citizens nabbed for municipal recreational infractions during the COVID-19 pandemic.

“We will be calling for an amnesty on all these tickets and that all the fines be forgiven afterwards, because of the unconstitutional mess that many municipal governments have put us into,” said executive director Michael Bryant.

The association has received at least 100 public complaints over the past 10 days from those who have been ticketed by bylaw or police officers for defying emergency management offences such as jogging on golf courses or exercising in parks.

Bryant said the restrictions designed to limit the spread of the novel coronavirus are an abuse of power because the recreation activities involved are usually harmless and should be met with warnings rather than costly fines.

The former Ontario attorney general said political pressure on police and bylaw officers to ticket people is unconstitutional.

“We don’t live in a police state. Politicians should never be giving direction to police or bylaw officers,” he said in an interview.

“We’ve had more charges laid during COVID than took place during the October crisis in 1970 when there was an actual threat to public order. COVID is not a threat to public order, it’s a threat to public health.”

READ MORE: Is COVID-19 baby boom a myth? How relationships might be tested during the pandemic

Bryant said the association is looking for the right case to mount a challenge, but expects a Canadian lawyer will take up the cause.

Dylan Finlay may just do that.

The Toronto criminal defence lawyer said he’s considering whether to launch his own constitutional challenge after he was fined $880 for doing chin-ups in a city park. Or he may assist those who have approached him for help.

He argues that the laws contravene Section 7 of the Charter of Rights and Freedoms by infringing on life, liberty and personal security.

Finlay said they go overboard by prohibiting the use of soccer fields or baseball diamonds even for an immediate family that isn’t coming into close contact with anyone else. It also doesn’t take into account families that are cooped up in condos or apartments with no access to a yard.

“I wish the government would treat people like adults,” he said, adding that education has worked to encourage people to physically distance to stop the spread of the virus.

He said society can’t and shouldn’t police its way out of a pandemic.

“The world’s a different place and it’s not because of strict laws with heavy-handed sort of police enforcement. It’s because people are voluntarily deciding to agree with the government.”

READ MORE: B.C. police can now issue $2,000 tickets for reselling medical supplies, price gouging

General deterrence exists in the law, but issuing a fine of more than $800 to a person receiving $2,000 a month in emergency federal government assistance is overly punitive, Finlay said.

Finlay acknowledges that COVID-19 is a health emergency and supports physical distancing.

“I’m sympathetic with what the government’s trying to do, I just think that these restrictions as far as they go to parks, they go too far.”

Bryant said Winnipeg and British Columbia are models for taking the right approach to preventing the spread of the virus.

Instead of handing out fines, bylaw officers inform and warn the public. And compliance is strong.

“And that’s in Winnipeg, which is notoriously over-policed and where there’s a high per capita crime rate.”

Ross Marowits, The Canadian Press


Like us on Facebook and follow us on Twitter.

CoronavirusOutdoors and Recreationparks

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

The COVID-19 outbreak at the two Coastal GasLink workforce lodges has officially been declared over. (Lakes District News file photo)
COVID-19 outbreak at Coastal GasLink worksites declared over

In total, 56 cases were associated with the outbreak in the Burns Lake and Nechako LHAs

Crews with Discovery Channel film as an Aggressive Towing driver moves a Grumman S2F Tracker aircraft around a 90-degree turn from its compound and onto the road on Saturday, Jan. 23, 2021. It was the “most difficult” part of the move for the airplane, one organizer said. (Jenna Hauck/ Chilliwack Progress)
VIDEO: Vintage military plane gets towed from Chilliwack to Greater Victoria

Grumman CP-121 Tracker’s eventual home the British Columbia Aviation Museum on Vancouver Island

Rolling seven-day average of cases by B.C. health authority to Jan. 21. Fraser Health in purple, Vancouver Coastal red, Interior Health orange, Northern Health green and Vancouver Island blue. (B.C. Centre for Disease Control)
2nd COVID vaccine doses on hold as B.C. delivery delayed again

New COVID-19 cases slowing in Fraser Health region

Provincial health officer Dr. Bonnie Henry talk about the next steps in B.C.’s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. Two more cases of the COVID-19 strain first identified in South Africa have been diagnosed in British Columbia, bringing the total to three as of Jan. 16.THE CANADIAN PRESS/Chad Hipolito
B.C. now has three cases of South African COVID-19 variant, six of U.K. strain

Both variants are thought to spread faster than earlier strains

Rodney and Ekaterina Baker in an undated photo from social media. The couple has been ticketed and charged under the Yukon’s <em>Civil Emergency Measures Act</em> for breaking isolation requirements in order to sneak into a vaccine clinic and receive Moderna vaccine doses in Beaver Creek. (Facebook/Submitted)
Great Canadian Gaming CEO resigns after being accused of sneaking into Yukon for vaccine

Rod Baker and Ekaterina Baker were charged with two CEMA violations each

Police discovered a makeshift nightclub in a Vancouver apartment on Jan. 23, 2021, and say it wasn’t the first time this month officers have been called to the unit over social gathering concerns. (Phil McLachlan - Capital News)
Doorman of makeshift ‘booze-can’ in Vancouver apartment fined; police look to court order

This marks the fourth complaint about social gatherings inside the apartment in January

A Kelowna couple welcomed their Nooner baby in December. (Flytographer)
Kelowna couple welcomes baby girl from Hotel Zed Nooner campaign

Nicole and Alex will now have 18 years of free stays at the hotel

Kyrell Sopotyk was drafted by the Kamloops Blazers in 2016 and played two seasons with the Western Hockey League club. (Photograph By ALLEN DOUGLAS/KTW)
Kamloops Blazer paralyzed in snowboarding accident sparks fundraiser for family

As of Jan. 24, more than $68,000 had been raised to help Kamloops Blazers’ forward Kyrell Sopotyk

(Pixhere photo)
B.C. dentists argue for COVID-19 vaccine priority after ‘disappointing’ exclusion from plan

Vaccines are essential for dentists as patients cannot wear masks during treatment, argues BCDA

The fine for changing lanes or merging over a solid line costs drivers $109 and two penalty points in B.C. (Screenshot via Google Street View)
B.C. drivers caught crossing, merging over solid white lines face hefty fine

Ticket for $109, two penalty points issued under Motor Vehicle Act for crossing solid lines

Most Read