Council looking for ways to limit aggressive panhandling in Windsor

Windsor City Coun. Fred Francis has brought forward a motion, asking the administration to create a bylaw "to reduce aggressive, intimidating and dangerous panhandling practices".

He said he would like the administration to take a closer look at any similar bylaws being enforced in other Canadian cities, like in Vancouver.

"I think everyone in this room understands that the status quo is not working and when we're talking about aggressive and dangerous panhandling practices, you also have to think about the people who are panhandling as well," he said.

"There are situations where people are getting way too close to vehicles and vehicles in intersections that are moving. God forbid do we want anyone to get hit by a car or anything worse."

He said the goal is not to completely put an end to panhandling, but rather to limit potentially dangerous interactions between panhandlers and pedestrians.

This is not the first time the issue has come up before council. The city's commissioner of legal and real estate services, Shelby Askin Hager, presented a report to city council after Francis asked the administration to explore the possibility of implementing a bylaw in July 2022, that would put a ban on panhandling in the city's residential, business, and tourism districts, including boulevards and pedestrian refuges.

The report found "peaceful and non obstructive panhandling is considered to be a form of expression, and as such is protected by the Charter of Rights and Freedoms," and that council is more likely to successfully implement the new bylaw if it focused on "the manner in which the panhandling is undertaken rather than the act of doing so in the first place".

Education vs enforcement

Hager told council members there will be efforts made to prioritize education while enforcing any new bylaw focused on panhandling.

"If the goal here is to keep people safe, as it should be, then what you're wanting to do is advise people 'this isn't safe behaviour and this is regulated under the bylaw and this other legislation and we're going to need you to do x or y'."

Hager said the rule would be enforced by bylaw officers, with a potential for Windsor police officers to get involved if a dangerous situation arises.

Counc. Kieran McKenzie said introducing a bylaw is the wrong strategy to address a serious social issue.

"I think we have added enforcement capacity in the downtown core over the last number of years and we haven't seen an appreciable improvement in the circumstances or challenges that are being discussed," he said. "To me, I think a different strategy that focuses more on providing the services that would be required in different capacities, be it in the housing... or services people would need in order to lift themselves out of poverty would be a better area to focus our resources and time."

McKenzie's comments were followed by applause from members of the public listening to council.

New bylaw would 'mirror' existing provincial legislation

Hager's report found that a bylaw focused on stopping aggressive interactions between panhandlers and pedestrians would "mirror" the Safe Streets Act, an existing provincial legislation.

According to the report, the act prevents aggressive interactions like "threatening (by word or otherwise), blocking or obstructing the path of someone being solicited, using abusive language, following or otherwise proceeding with the person being solicited, soliciting while intoxicated, and continuing to solicit after being turned down".

The report estimates that it will cost taxpayers approximately $332.34 per incident for a bylaw officer to give an initial warning, issue a ticket and go to court.

The report also noted that panhandlers are unlikely to be able to pay any fine imposed on them for breaking the bylaw.