Aggressive panhandling to be discussed by Windsor city council

A panhandler sits on a sidewalk on Ouellette Avenue in Windsor, Ont., July 13, 2022. (Rich Garton/CTV News Windsor)

Windsor city council is going to discuss if there is a need for a bylaw to deal with aggressive panhandling in the city.

Administration is expected to deliver a report to council at the next meeting, on Monday, Jan. 30.

In July 2022, Ward 1 councillor Fred Francis asked about the feasibility of establishing a bylaw that prohibits panhandling in residential, business, and tourism districts within the city, including boulevards and pedestrian refuges.

Francis tells AM800, when you're dealing with homelessness and mental health issues, everyone in the city understands it's a complex issue.

"When it comes to aggressive actives, aggressive practices, in this case when it's specific to panhandling, we also have to accounts for the residents going about their day. Account for the business owners that are trying to operate their business and earn a living. We represent them as well," Francis says.

The report indicates that peaceful and non-obstructive panhandling is considered to be a form of expression by the courts and as such is protected by the Charter of Rights and Freedoms. It suggests a bylaw that acts to limit this right based solely on geographic location would likely not survive a Charter challenge.

Administration points to the the existing Ontario Safe Streets Act, which includes measures to address aggressive panhandling.

The Safe Streets Act outlines specific locations where solicitation cannot occur:

• - automated teller machines;
• - pay telephones or a public toilet facilities;
• - taxi stand or a public transit stop;
• - in or on a public transit vehicle;
• - soliciting a person who is in the process of getting in, out of, on or off a vehicle or
• who is in a parking lot;

- on a roadway, soliciting a person who is in or on a stopped, standing or parked vehicle.

"As council we can't just turn a blind eye and ignore the problem or ignore a situation that's keeping people away from downtown, or keeping people from frequenting businesses downtown, or having business owners invest in downtown. We can't just do that," he says.

Francis says they are not looking to take away panhandling, but they're looking to deal with the aggressive activities of some.