Safe Streets Act

Safe Streets Act

Safe Streets Act, 1991

The purpose of the Safe Streets Act, 1999 (SSA) is to promote safety in Ontario by prohibiting:

Aggressive solicitation

Solicitation of persons in certain places

To amend the Highway Traffic Act (HTA) to regulate certain activities on roadways.

The primary tiers associated with the SSA are:

Enforcement

Referral

Terminology

Solicit (s 1): means to request, in person, the immediate provision of money or another thing of value, regardless of whether consideration is offered or provided in return, using the spoken, written or printed word, a gesture or other means.

Aggressive Manner (s 2(1)): means a manner that is likely to cause a reasonable person to be concerned for his or her safety or security.

Multiple Select

Section 2(1) of the SSA defines aggressive manner as a manner that is likely to cause a reasonable person to be concerned for his or her safety or security.

• True

• False

Terminology

Public Transit Vehicle (s 3(1)): means a vehicle operated by, for or on behalf of the Government of Ontario, a municipality in Ontario or a transit commission or authority in Ontario, as part of a regular passenger transportation service;

Outdoor Public Place (s 4(1)): Means: (a) a place outdoors to which the public is ordinarily invited or permitted access and, … includes but is not limited to a sidewalk, street, parking lot, swimming pool, beach, conservation area, park and playground, and (b) school grounds.

Terminology

Vehicle (same as HTA) (s 3(1)): includes automobile, motorcycle, van, truck, trailer, bus, mobile home, traction engine, farm tractor road building machine, bicycle, motor assisted bicycle, motorized snow vehicle, street car, or any other kind of vehicle drawn, propelled, or driven by any kind of power including muscular power.

Roadway (same as HTA) (s 3(1)): means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder.

Multiple Choice

1. The term “Outdoor Public Place” includes:

• a) Parking Lot

• b) School

• c) Museum

• d) Transit Stop

Offences

Aggressive solicitation

Solicit captive audience

Disposal of certain dangerous things prohibited

Aggressive Solicitation

No person shall solicit in an aggressive manner (s 2(2)).

Engaging in one or more of the following activities shall be deemed to be soliciting in an aggressive manner:

Threatening the person solicited with physical harm, by word, gesture or other means, during the solicitation or after the person solicited responds or fails to respond to the solicitation.

Aggressive Solicitation

Obstructing the path of the person solicited during the solicitation or after the person solicited responds or fails to respond to the solicitation.

Using abusive language during the solicitation or after the person solicited responds or fails to respond to the solicitation

Multiple Choice

Using abusive language during the solicitation is illegal.

• True

• False

Solicitation of Captive Audience

No person shall solicit a person who is,

a) using, waiting to use, or departing from an ATM;

b) using or waiting to use a pay telephone or a public toilet;

c) waiting at a taxi stand or a public transit stop;

Solicitation of Captive Audience

d) in or on a public transit vehicle;

e) in the process of getting in, out of, on, or off a vehicle, or who is in a parking lot; or

f) while on a roadway, solicit a person who is in or on a stopped, standing or parked vehicle

(s 3(2)).

Multiple Choice

No person shall solicit a person who is using an automated bank machine.

• True

• False

Disposal of Certain Dangerous Things

No person shall dispose of any of the following things in an outdoor public place:

A used condom

A new or used hypodermic needle or syringe

Broken glass (s 4(2))

It is a defence to a charge under subsection 4(2) for the person who disposed of the condom, the needle or syringe, or the broken glass to establish that he or she took reasonable precautions to dispose of it in a manner that would not endanger the health or safety of any person (s 4(3)).

Arrest Without Warrant, Section 6

A police officer who believes on reasonable and probable grounds that a person has contravened section 2, 3, or 4 may arrest the person without warrant if,

a) before the alleged contravention of section 2, 3, or 4, the police officer directed the person not to engage in activity that contravenes that section; or

b) the police officer believes on reasonable and probable grounds that it is necessary to arrest the person without warrant in order to establish the identity of the person or to prevent the person from continuing or repeating the contravention. 

Multiple Choice

Bill has walked up to a plainclothes police officer who is waiting at a bus stop. Bill asks the officer for money. This is an offence against the Safe Streets Act.

• True

• False

Officer Authorities, Limitation Periods

Search: No power of search in SSA

Seizure: No power of seizure in SSA

Use of Force: There are no use-of-force provisions in the SSA

Limitation Periods: The general limitation period of six months specified by section 76(1) of the POA applies

Multiple Choice

Disposing of a used condom on the ground in a park is illegal

• True

• False

Multiple Choice

A 25-year-old woman is begging for money on a public sidewalk from people using an automatic teller machine. When investigated by a police officer, she refuses to identify herself. She could be arrested without warrant under the Safe Streets Act.

• True

• False

Non-Police Agencies Involved

Social services

Public housing

Mental health

Addiction treatment

Along with other public and private community support agencies, may be helpful in addressing the underlying causes of some types of disorderly conduct

Multiple Choice

According to the Safe Streets Act, it is an offence to deposit certain things in an outdoor public place. They are a used condom, a hypodermic needle and broken glass.

§A used condom

§A new or used hypodermic needle or syringe

Broken glass

• True

• False

Aggressive Solicitation

Engaging in one or more of the following activities shall be deemed to be soliciting in an aggressive manner (cont.):

Proceeding behind, alongside or ahead of the person solicited during the solicitation or after the person solicited responds or fails to respond to the solicitation.

Soliciting while intoxicated by alcohol or drugs.

Continuing to solicit a person in a persistent manner after the person has responded negatively to the solicitation (s 2(3)).