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In a decision issued on April 2, 2024, the Ontario Superior Court of Justice struck down sections of the Safe Streets Act that prohibit panhandling in certain circumstances, effective immediately. The decision marks a significant step forward in affirming Ontario’s obligation to respect the rights and dignity of all its residents, including the most marginalized.
The Ontario Human Rights Commission (OHRC) intervened in the Charter challenge because of its concern that the Safe Streets Act has a serious negative impact on unhoused and street involved people who are disproportionately Indigenous, living with mental health disabilities and/or substance addictions, in receipt of social assistance, young and/or LGBTQ. Many of these individuals turn to panhandling to survive.
The OHRC argued that the law unjustifiably breaches multiple interconnected rights under the Canadian Charter of Rights and Freedoms, including freedom of expression (s. 2 (b)), the right to life, liberty and security of the person (s. 7) and the right to equal treatment without discrimination (s.15). The OHRC urged the Court to analyze all the Charter rights claims through an equality rights lens and consistent with Canada’s binding obligations under international law.
The Court did not find, based on the evidence filed, that equality rights were infringed. However, consistent with the OHRC’s submissions, the Court found that asking for money is a profound and important form of social interaction and that panhandling may be the only form of expression available to many individuals asking for help. As a result, the Court found that prohibiting panhandling that poses no public danger and does not interfere with the use of public space is not a justifiable limit on Charter rights.
Subject to any appeal, this decision means that people who panhandle can only be ticketed where their conduct truly poses a risk to public safety. This is consistent with human rights and international law.
The decision is likely applicable to municipal by-laws across the province that prohibit solicitation. Municipalities and law enforcement officials should review their by-laws and practices to ensure they comply with the Court’s decision.