Ontario's highest court has ruled the province has the right to ban squeegee people in the interest of public safety.
The Ontario Court of Appeal court dismissed appeals from 11 street corner panhandlers who were convicted of provincial offences for washing windshields and begging Toronto motorists for money.
While the judgment said banning squeegee people from public roads violates their freedom of expression, the court ruled reducing dangers on the streets is important enough to override that constitutional right, the Toronto Star reported.
The court dismissed the appeals of the homeless men in a unanimous 3-0 decision on Tuesday. The panhandlers were convicted in 2001.
Their lawyer argued that provisions in the Safe Streets Act and Highway Traffic Act that ban solicitation on roadways infringe their Charter rights of freedom of expression and equality provisions aimed at prevention violation of human dignity.
"While the appellants' conditions of economic disadvantage may be deserving of sympathy, they have not established they are entitled to a response that is constitutional in nature," Justice Russell Juriansz wrote.
"I'm very disappointed in the decision and I'm going to be investigating the possibility of seeking leave to appeal to the Supreme Court of Canada," Peter Rosenthal, a lawyer for the appellants, told the Star.
"Perhaps I didn't explain it properly to the Court of Appeal, but the people we're talking about are people so poor they have to beg ... who in our view are deserving of protection and should be considered among the groups of people against whom one can't discriminate."
The court said the appellants had alternative ways to express themselves, such as conveying their message from the sidewalk.
"While the legislation does effectively ban squeegeeing on roadways, it does not prohibit the appellant from expressing their message that they are in need of help," the ruling stated.
"They cannot squeegee car windows, but to the extent that they may wish to provide a service in exchange for donation, there are other alternatives available."
Meanwhile, a Toronto city councillor is calling for a bylaw to ban panhandlers from designated tourist areas.
Coun. Case Ootes (Toronto-Danforth) expressed his initiative in a letter to members of the economic development committee, on which he serves.
Committee chairman Councillor Kyle Rae (Toronto Centre-Rosedale) said he expects the request for a report to win approval.
"There are businesses in the downtown area who would welcome this and residents who would welcome this," Rae told the Globe and Mail.
However, Rae is skeptical as to whether the measure sought can be enforced.
"It would be interesting to know if other jurisdictions have been able to implement a no-go zone for panhandling," he said. "Even if it exists, I would be surprised if they are able to enforce it."
