Civil Liberties Advocates Say Police Are Unfairly Ticketing People During Pandemic
HALIFAX – There has been much debate about emergency measures across Canada and how those rules are being enforced. Many people have been given hefty fines for walking in the wrong park, or not maintaining six feet of distance from other people.
The Canadian Civil Liberties Association has been keeping track of these police and government actions during the Covid-19 pandemic. So far, they believe many jurisdictions have gone too far in how they enforce emergency health measures.
“During an emergency, it brings out the best of us and the worst of us,” said CCLA executive director Michael Bryant. “The worst tends to arise by way of another virus: the power virus…people in authority start abusing their power.”
“Depending on the leader and depending on the jurisdiction, there’s been a real mix across the country as to whether or not the coronavirus is being addressed through science or through fear.”
Bryant argues that handing out expensive tickets does nothing, scientifically, to stop the spread of Covid-19. Police forces should, instead, educate people about the new rules.
“The problem is not social distancing; the problem is not coughing on people; the problem is Covid-19. So, to what extent is ticketing going to make a difference? And the answer is: very little,” said Bryant.
“It’s true that keeping people distant from each other is going to make us less likely to infect each other but writing somebody a ticket is not going to do that.”
The CCLA has been tracking police actions mainly through media reports and feedback from the public. Bryant said, based on these reports, there seems to be a lot of ticketing going on in Atlantic Canada.
“The numbers coming out of Halifax… and Cape Breton around over-ticketing and over-policing are disturbing,” he said.
The issue of ticketing has certainly been a debate in the HRM and has made some headlines. Earlier this month, Global News reported that a Halifax man was fined $1,000 for not social distancing at a bus shelter. In the same report, it mentioned a Dartmouth resident was fined for being in Shubie Park.
Cst. John MacLeod, a spokesperson for the Halifax Regional Police said, as of April 17, the police force handed out 114 tickets under the emergency measures act. As of April 27, that number has risen to 151, and the police force has responded to 1,402 COVID-19 related calls. These tickets range from $700-$1,000. So far, most tickets have been given to people hanging out in prohibited areas, like parks and trails.
MacLeod said HRP officers do try to educate people about the rules before resorting to fines. He also encourages the public to do research and educate themselves on the rules.
“Essentially, that is our overall approach. Our response starts with a conversation and education and followed by enforcement if necessary,” he said.
“The best advice we can give folks is to educate themselves…we’re trying to pass along the same message as Dr. Strang here in Nova Scotia…we are limiting social gatherings to anything under five.”
Bryant, however, claims that, across Canada, many people receiving fines are not aware that they have broken a law.
“Many of the people who are being ticketed are not actually being defiant. They’re either ignorant (of the rules), misinformed, or forgetful.”
The CCLA is looking into ways they can challenge the legality of these fines on a large scale. Bryant believes there is a chance a legal challenge could get some of these tickets dismissed for violating the Charter of Rights and Freedoms.
“The worst part about it in my view are the politicians who are abusing their power and using the police as if they’re part of a police state and putting pressure on them to ticket people in circumstances, which are, frankly, unconstitutional,” said Bryant.
“We’re not supposed to be using the criminal code like this…We’re supposed to be punishing people for behaviour that is criminal and morally wrong.”