Edmonton city council sends public spaces bylaw back to city staff for revisions after lengthy debate
A proposed public spaces bylaw for Edmonton will go back to city staff for revisions and research after hours of debate during a city council meeting Wednesday.
Council voted 9-0 to send the bylaw back to administration, with provisions to complete data analysis and research on issues like anti-racism and criminalization of poverty.
The motion also asked for a climate review to be done, as well as “comprehensive rationale for any fine changes in the proposed bylaw.” The motion also specifically asks for the 50-person gathering limit in the proposed bylaw to be reviewed.
“This motion doesn’t blow-up the bylaw,” Coun. Andrew Knack said at the meeting, adding the motion allows for more time to refine the bylaw.
“It’s just a first draft. We’re doing more work; let’s keep doing work together.”
Coun. Ashley Salvador said council hadn’t seen the proposed bylaw previously, and that it’s prudent to make sure the rules were refined.
The motion featured several other amendments that administration needs to prepare for a future committee meeting, including refining the definition of “temporary shelter” and removing an exception for feeding feral cats and birds in public spaces.
Erin Rutherford, councillor for Ward Anirniq, suggested sending the bylaw back to administration to analyze and refine.
“I don’t think we’ve hit the mark, but I think we need to have those rules,” Rutherford said in an interview earlier Wednesday.
The bylaw should cover open drug use, she said, similar to the rule banning alcohol consumption in public.
But then the city needs to decide how to enforce the rules.
For example, she said the bylaw could give discretion to bylaw officers and judges to reduce fine amounts — currently proposed at $250 — or use other methods to educate people.
The proposed bylaw retains and enhances rules that currently exist for areas such as panhandling, harassment, and setting up temporary shelters in public places.
Council also unanimously passed a motion for a report to look at alternatives to ticketing for offences that could disproportionately affect unhoused Edmontonians.
The majority of the 53 people signed up to speak at the meeting disapprove of the proposed bylaw, a consolidation of the current Public Places Bylaw, the Parkland Bylaw and Conduct of Transit Passengers Bylaw.
Elaine Hyshka, associate professor and Canada Research Chair in health systems innovation at the University of Alberta, said imposing fines won’t stop drug use.
“It will displace substance use, which may be occurring in public spaces, to other areas of our city, including private parkades, stairwells, washrooms, malls, other areas of commerce and other semi-public spaces.”
The risk of overdose will increase, she argues, because people will be using in seclusion and are unlikely to receive timely medical aid if they overdose.
Disorder around transit
A transit inspector with the Amalgamated Transit Union, Leslie Cormier, spoke in favour of the bylaw.
Cormier, who’s been working with Edmonton Transit Service for 18 years, investigates complaints and spends a lot of time around bus and LRT stops.
She said “non-destination people” are abusing transit spaces.
“They smoke, use drugs, disrobe, sleep, start fires, vandalize, attack other people, vomit, urinate, defecate, and throw garbage in and around the shelters.”
Steve Bradshaw, president of ATU local 569, also joined the meeting, calling for more tools for peace officers to enforce existing rules.
Business in favour
Some representatives from the Edmonton business community endorsed the proposed bylaw on Wednesday.
Puneeta McBryan, executive director of the Downtown Business Association, urged council to implement the bylaw and emphasized the need for clear, consistent, and well communicated rules.
She said drug use in public can make people feel unsafe.
“The difficult reality for us is that when it comes to consumer behaviour and where people spend their time and their money, it doesn’t matter if it’s real safety or perceived safety or discomfort,” McBryan told council.
“People do not go places where they feel like they’re confronted with things that they don’t feel should be happening in public spaces.”
Some groups oppose the bylaw as written because it will expand the requirement for groups of 50 people or more to get a permit before gathering in all public spaces, currently required in parkland areas only.
Claire Pearen with Pride Corner on Whyte, a group that advocates and demonstrates for the 2SLGBTQ+ community, said the bylaw violates the right to gather peacefully to advocate for causes.
“We find it deeply concerning and intentionally stifling that even private venues open to the public would require a permit. Our freedom to speak cannot be limited by a permit.”
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