Homeless Rights
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Contents
The Canadian Charter of Rights and Freedoms and the Alberta Bill of Rights
Rights in Relation to Panhandling
Rights in Relation to Security Guards
Rights in Relation to the Police
Rights in Relation to Outdoor Camping
Rights in Relation to Health Care
Rights in Relation to Subsidized Housing
Rights in Relation to Welfare and Disability
Introduction
According to a 2008 study by Homeward Trust Edmonton, there are 3079 people without homes in Edmonton, representing an 18% increase since 2006. This group included 1862 in the ‘absolute homeless’ category, meaning that they did not have access to homeless shelters or were turned away. 1217 people had access to emergency accommodation or were ‘couch surfing’ (defined as ‘sheltered homeless’).
The Canadian Charter of Rights and Freedoms and the Alberta Bill of Rights
The Canadian Charter of Rights and Freedoms imposes certain rules on government agencies and their officials. As a principle of law, every individual has the right to equal protection and equal benefit of the law. You have the right to life, liberty, and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
The Alberta Bill of Rights also notes that the right to liberty, security of the person, and enjoyment of property exists without discrimination by reason of race, national origin, colour, religion, or gender.
NOTE: The Charter only applies to government agencies and their officials, and generally does not apply private businesses.
Rights in Relation to Panhandling
You have the right to ask people for money, provided you are respectful and avoid confrontations. You are permitted to panhandle on public property (Note: Parking lots are NOT public property), though there are a few bylaws to keep in mind.
According to sections 60 and 61 of Edmonton’s Traffic Bylaw, it is an offence to obstruct and/or harass other pedestrians using the sidewalk or roads. This means that you cannot panhandle in areas that would block the flow of traffic. For example, standing at a store entrance and panhandling may be considered an obstruction. Also, you cannot crowd, jostle or harass other pedestrians. This means that panhandling should be limited to verbal questions (‘spare some change?’) and cannot involve ANY physical contact or confrontation. The fine for obstruction or harassment is $250.
Under the Public Places Bylaw, there is also a bylaw against ‘bullying’. Bullying is defined as repeatedly communicating with a person under the age of 18 in a way that makes that person feel harassed. Although it is not aimed specifically at panhandling, one may be charged with this offence. A ‘bullying’ ticket may result in a $250 fine, which may be doubled for subsequent offences.
The Parkland Bylaw regulates conduct in public parks. Under section 16 of the bylaw, no person shall do anything that is reasonably likely to disturb the peace or enjoyment of other persons using the parkland or interfere with any events that are going on in parklands. Panhandling may ‘disturb the peace’ (depending on the circumstances) in which case one may receive a $100 fine.
Panhandling is expressly prohibited within city transit vehicles (buses or the LRT) and stations. If you are caught panhandling on Edmonton Transit Services Property, you may face a $50 fine.
NOTE: You may be charged with TRESPASSING if you attempt to panhandle on PRIVATE property. For more information on trespassing, please see our Trespass pamphlet.
Rights in Relation to Security Guards
Security guards are employed by owners of PRIVATE property. Owners of private property can make their own rules about how the property is used, what activities are allowed and who can enter or remain on their property. Security guards may enforce these rules on private property, but they have NO power to enforce rules on PUBLIC property (such as sidewalks and alleys).
Security guards usually cannot arrest or detain you. They can remove or ban you from private property if you cause a disturbance, provided they do so fairly and give you the reason(s) for their decision. They cannot arrest you for refusing to identify yourself or for not showing ID.
Security guards CAN arrest you if they see you committing a crime or if they see you trying to escape from the police. This is called a ‘Citizen’s arrest’ – this is the ONLY time a security guard can detain you.
Security guards can only search you in a limited number of situations. They cannot search you unless you give them permission or they have arrested you. If they arrest you, they may ONLY do a pat-down or quick search for weapons. They cannot search your bags or packages, but they can hold them until police arrive.
Security guards must treat people equally and should not discriminate. If a guard discriminates against you, or mistreats you, you can make a complaint. It is important to get the guard’s name and their company. You should write the complaint down, including the guard’s name, company and the details of the situation, and mail it to:
Administrator, Security Programs
10th Fl., 10365-97 Street
Edmonton, AB, T5J 3W7
Rights in Relation to Police
You are under no obligation to speak to a police officer if they approach you or want to talk to you. You should be respectful, but you have a right not to answer their questions. If they ask to look through your belongings, you have the right to refuse. If a police officer is not arresting you, they are prohibited from searching or taking your belongings, and from detaining you for no reason.
If the police are arresting you, stay calm and remember your rights:
You have the right to remain silent. However, if the police are charging you with a crime, you are legally required to provide your real name, your address and date of birth (or any form of identification). You do not have to tell them anything more than that.
You have the right not to be ‘unreasonably’ searched. If a police officer asks permission to search, saying ‘NO’ is NOT an indication that you have something to hide. Police can do a pat-down search to ensure their safety. However, a more intrusive search must be justified and reasonable. If you are being strip-searched, you have the right to request that someone of the same sex do the search in a place where there is additional privacy.
You have the right to know why you are being detained or arrested. Police officers must inform you immediately of why you are being detained or arrested. If they do not, they are violating your rights. Note that police officers can arrest you without a warrant ONLY if they find you committing an offence, or if they have reasonable grounds to believe that you have committed or will commit an offence. Police officers can only use as much force as is reasonably necessary when they are arresting you. Police should not use any force at all, as long as you do not make any threatening gestures and comply with their instructions when you are arrested.
You have the right to talk to a lawyer. Once you are arrested or detained, you must be informed of your right to talk to a lawyer, regardless of whether you can afford to hire one yourself. If you do not have a lawyer, the police must provide you with a phone book and numbers for contacting a lawyer and/or Legal Aid. The police must give you a reasonable amount of time to get legal advice. You have the right to speak to your lawyer in a private room, and the police are not permitted to listen to your conversation. Once you tell the police you wish to speak to a lawyer, they must hold off on asking you any more questions.
You have the right to make a complaint. Police officers should not abuse, threaten or discriminate against you. If you feel your rights have been violated, make sure you attempt to find out the officer’s name and badge number, and write down what happened. Make sure to point out the date and time of the incident, as well as the address. Please see our pamphlet on ‘How to Initiate a Complaint Against the Edmonton Police Services’ for more information.
Loitering
Under section 175(1)(c) of the Criminal Code, loitering is an offence. However, the law holds that loitering is ‘lack of purposeful activity’. You are not loitering if you are waiting for a friend, for example.
NOTE: Under the Transit Conduct Bylaw, you are not allowed to loiter at bus stops. Here, loitering means staying at a transit station longer than the time period required to board the next vehicle headed to your destination. It is also a violation of the bylaw to ride a transit vehicle for longer than is required to reach your stop.
Rights in Relation to Outdoor Camping
Sleeping outdoors is not permitted in public places in Edmonton. Specifically, you can be ticketed anytime you set up a tent or any structure that could obstruct the flow of traffic on sidewalks or public places.
It is also an offence to make ‘unauthorized use’ of parkland. ‘Unauthorized use’ is defined as placing any structure on parkland without a valid license. You are prohibited from setting up any type of shelter on parkland, and are not permitted on parkland between the hours of 11 p.m. and 5 a.m., or when a park is closed.
Camping on PRIVATE property (for example, your friend’s backyard) is permitted, as long as you have the OWNER’S PERMISSION. You may be charged with TRESPASSING if you camp on private property without permission (for example, in a parking lot). Please see our Trespassing pamphlet for more details.
The safest choice is to stay in a shelter. However, if through no fault of your own, you are turned away from a shelter and are given a ticket for sleeping outdoors, please seek legal help.
Rights in Relation to Health Care
Under the Canada Health Act, the Government of Canada is responsible for providing you with reasonable access to health services without financial or other barriers. This applies across Canada and travels with you – if you have just moved to Alberta from another province, you will continue to be covered by your home province. You can apply for Alberta Health Insurance after being an Alberta resident for 3 months.
The Boyle McCauley Health Center is the only medical clinic in Edmonton that does not require patients to have a Health Care Card, and takes walk-in appointments from 1:00pm – 9:00pm on weekdays and from 9:00am – 12:30pm on Saturdays. They also have a Streetworks Needle Exchange program that runs throughout the week and has a van that provides a mobile exchange outreach.
In an emergency, you will not require a health card to be treated at any hospital. Call 911 for yourself or anyone who needs urgent medical care.
Rights in Relation to Subsidized Housing
There is no right to housing in Canada. However, there are programs to assist you in finding housing and welfare assistance. Please contact the organizations listed under the ‘Housing Services and Shelters’ in the References section. You can also contact the Minister of Municipal Affairs and Housing for more information.
Rights in Relation to Welfare and Disability
You may have the right to income assistance. You have the right to be treated with respect at a welfare office. You can apply for welfare at various Alberta Service Centres, including:
| 10242 - 105 Street | 780-415-4900 |
| 200 13415 Fort Road | 780-422-9440 |
| 2000 Northgate Centre, 9499 - 137 Avenue | walk-in only |
| Argyll Centre, 6325 Gateway Boulevard | 780-644-2888 |
| 200 Westcor Building, 12323 Stony Plain Road | 780-415-6500 |
| 120 Meadowlark Shopping Centre, 15710 - 87 Ave | 780-415-8116 |
If you are disabled, there are organizations available that can help you apply for disability services; see some of the organizations under the ‘Welfare and Disability Services’ section below.
If you are only receiving basic welfare but you:
- have been unemployed for a long period of time
- have a long-term sickness like HIV, HEP C, or TB
- have a mental health disability like depression or schizophrenia
- have a physical disability
Call one of the services listed below and ask if you would qualify for disability assistance, which will provide you with more money each month.
In a financial emergency, if you desperately need money to rent housing or buy clothing or food, ask the welfare worker for an “Emergency Needs Assessment.” Welfare has the ability to give you small grants in urgent situations.
Voting
If you are a Canadian citizen aged 18 or older, you have the right to vote provided certain requirements have been met. There are three types of elections: Federal, Provincial and Municipal. Each type requires that you register to vote. Usually registration requires identification and an address, however, each level of government has different policies to accommodate homeless electors.
Federal elections require voters to register and prove their identity and address. This can be accomplished in three ways:
You can provide one original piece of identification issued by any level of Canadian government or an agency of that government that contains the elector's photo, name and address; or
You can provide two original pieces of identification from a list authorized by the Chief Electoral Officer of Canada. Both must contain the name of the elector and one must also contain the elector's address; or
You can be vouched for by an elector whose name appears on the list of electors in the same polling division as you and who has an acceptable piece or pieces of identification. Both you and the elector will be required to make a sworn statement. An elector cannot vouch for more than one person, and the person who has been vouched for cannot vouch for another elector
Provincial Elections
For Provincial elections, the requirements are similar – you must have been an ordinary resident in Alberta for at least 6 months. To be registered on the elections list, you need only some form of identification (clinic card, driver’s license) and a current, approximate address where you are residing. If possible, it is good to get a reference from a source, for example a letter from the Boyle St. Co-op. You will then sign a document that says that you will only vote once.
For Municipal Elections, you must be an ordinary resident of Alberta for at least 6 months prior to election day, and your place of residence is located in the area of the election.
Referrals
Legal
| Student Legal Services | 780-492-2226 |
| Legal Aid | 780-427-7575 |
| Lawyer Referral Services | 1-800-661-1095 |
| Edmonton Community Legal Centre | 780-702-1725 |
Health
| Boyle McCauley Health Centre | 780-422-7333 |
| Medical | ext. 225 |
| Dental | ext.261 |
| Streetworks | ext.22 |
Housing Services and Shelters
| Municipal Affairs and Housing | 780-427-2732 |
| Tenant Rent Supplement Program | 780-310-0000 |
| Boyle Street Community Services | 780-424-4106 |
| Bissell Centre | 780-423-2285 |
| Herb Jamieson Centre | 780-429-3470 |
| George Spady Centre | 780-424-8335 |
Welfare and Youth Services
| Alberta Works Contact Centre | 780-644-5135 |
| Youth Emergency Shelter | 780-468-7070 |
| Old Strathcona Youth Co-op | 780-496-5947 |
| iHuman | 780-421-8811 |
