A Panhandler’s Rights in Vancouver
Panhandling is a form of expression protected by s. 2(b) of the Canadian Charter of Rights and Freedoms. Section 7 of the Charter also protects your ability to provide for yourself and to let people know that you need assistance. These rights can only be limited in certain ways.
You have a right to panhandle when and where you need to, as long as you don’t obstruct others’ safe and efficient passage on the street or sidewalk.
Vancouver’s Street and Traffic by-law only prevents you from:
- Panhandling while lying or sitting in a way that blocks other people’s path;
- Asking for someone for money after he or she has already said no;
- Panhandling in a group of three or more people;
- Panhandling within 10 meters of the entrance to a bank, credit union, or trust company, or within 10 meters of an ATM; or
- Panhandling from someone in a vehicle in a way that blocks the vehicle from moving.
If you are not doing any of these things, you are allowed to panhandle, and no one can tell you to move along simply because you are panhandling.
Squeegee kids and newspaper vendors: the restrictions on panhandling do not affect you if you are offering a service or product in exchange for payment.
Downtown Ambassadors and private security guards have no authority to enforce the bylaw, and no authority to move you along when you are on public property. By-law officers and police officers have authority to enforce the by-law.
IF SOMEONE TELLS YOU TO STOP PANHANDLING...
Ask:
- “What part of the by-law am I violating?”
- “Do you have authority to enforce the panhandling by-law?”
Each situation is different and you should use your common sense. If a police officer, by-law officer, or anyone else is disrespecting your right to panhandle, stay calm and quiet, and try to remember everything that happens.
If you feel your rights are being violated, contact
End Legislated Poverty at (604) 879-1209
Panhandling_sheet.doc
