Background on curfews
In considering whether to adopt a curfew bylaw, Strathcona County Council asked staff to gather information about curfews in other municipalities and answers to other questions about curfews. Here is a summary of the findings.
Alberta municipalities
Existing curfew bylaws
The pros and cons
Community perceptions
Enforcement
Statutory and legislative provisions
Important age thresholds
Alberta municipalities
| Some Alberta municipalities that have a Curfew Bylaw | ||
| Drayton Valley | Gibbons | Red Deer |
| Two Hills | Blackfalds | Black Diamond |
| Camrose | Slave Lake | Fort Macleod |
| Turner Valley | Edson | Okotoks |
| High Prairie | Drumheller | Strathmore |
| Among those that do not have a Curfew Bylaw | ||
| Edmonton | Calgary | Medicine Hat |
| Stony Plain | Bruderheim | St. Albert |
| Fort Saskatchewan | City of Leduc | County of Leduc |
The City of Spruce Grove has a bylaw which permits the Mayor by proclamation to declare that a state of emergency circumstances exists and to impose a curfew during that period.
Lethbridge has a bylaw which has been recommended for repeal, however, this hasn't happened to date.
The Specialized Municipality of Wood Buffalo also has a curfew bylaw which has been recommended for repeal. The matter is currently before their Protective Services Standing Committee.
Reasons cited supporting the repeal:
- Municipalities having bylaws have either not used them or have never laid a charge under them
- Concerns that a curfew bylaw profiles all youth in the community and does not focus solely on those individuals that are problematic
- Type of enforcement inhibits the ability of police to interact with youth on a positive level (without fear of being charged) and from a law enforcement perspective (youth will automatically flee the area).
Existing curfew bylaws
In our review of existing Curfew Bylaws: The ages of persons affected by a curfew bylaw range from 15 and under to under 18.
The curfew periods start from between 10:00 p.m. (the earliest) to 1:00 a.m. (the latest) and end between 5:00 a.m. (the earliest) ? 6:00 a.m. (the latest).
Some bylaws provide for tickets to be issued against a minor, some against a parent or guardian, some against both.
Fines range from a low of $25.00 to a minor for a first offence to a high of $300.00 for a third or subsequent offence in one calendar year.
Rationale: pros
In speaking to various municipalities regarding their curfew bylaws, the reasons given for enacting the bylaw are generally either in response to a particular situation or a undefined sense of need. Examples:
- Safe communities initiative
- To deal with specific problem areas, i.e. loitering at convenience store
- Gives parents a reason to insist young people are home on time
- Gives young people an excuse to go home without peer pressure
- Assists parents in exercising control over their children
- A tool to assist the police in improving communication with youth
- Effective in reducing loitering, noise and large groups
Rationale: cons
- Bylaw is not enforced due to other priorities, lack of manpower
- Difficult to promote with public
- Many complaints about human rights
In one municipality, they feel crime statistics have risen - Individuals of concern simply 'go underground'
- Likely challengeable in Court ? Charter of Rights and Freedoms
Community perceptions
The majority of people regardless of gender or age, felt that Strathcona County was a safe community to live in.
The majority of people, regardless of where they live, perceive that Strathcona County is an excellent place to raise children.
Enforcement
Amongst those municipalities who have curfew bylaws, only the Town of Black Diamond indicated that the bylaw is enforced.
The majority of the other municipalities see their curfew bylaw as "a tool" only and indicate that they have never laid a formal charge.
The cost of prosecuting an offence under the proposed Curfew Bylaw, where there were no unique complications, could run around $800.00. Complications would increase costs.
If resolved before trial, legal costs would likely run around $200.00. RCMP have identified no increased operational costs.
Statutory and legislative provisions
The Canadian Charter of Rights & Freedoms
Section 15.1 - Equality Rights
"Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."
This section of the Charter makes it clear that every individual in Canada ? regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability ? is to be considered equal. This means that governments must not discriminate on any of these grounds in its laws or programs.
Municipal Government Act
RSA 2000, c. M-26
- s. 7: A council may pass bylaws for municipal purposes respecting? the safety, health and welfare of people and the protection of people and property; and
- People, activities and things in, on or near a public place or place that is open to the public?
- s. 8: Without restricting section 7, a council may in a bylaw passed under this Division ? (b) deal with any development, activity, industry, business or thing in different ways, divide each of them into classes and deal with each class in different ways?
Supreme Court of Canada
Re City of Montreal and Arcade Amusement Inc. et al, [1985] 1 S.C.R. 368 A municipality cannot discriminate in its bylaws, unless the right to do so is specifically granted by the authorizing legislation. "The rule that the power to make by-laws does not include that of enacting discriminatory provisions unless the enabling legislation provides the contrary has been observed from time immemorial in British and Canadian public law. It has been and still is applied in municipal law."
The Employment Standards Regulation sets out the requirements and conditions for employment of adolescents (12-14 years of age) and young persons (15 ? 17 years of age).
Adolescents can only be hired as a delivery person of small wares for retail store, clerk or messenger in an office, clerk in a retail store, delivery person for the distribution of newspapers, flyers or handbills, or worker in an occupation approved by the Director of Employment Standards.
An adolescent cannot work more than 2 hours per day on a school day or 8 hours per day on a non-school day. Adolescents may not work in any capacity between 9:00 p.m. and 6:00 a.m. on any day of the week.
Young persons--If a young person is employed in a hotel, motel, or any other place that provides overnight accommodation to the public, or the premises of any retail business selling food or beverages, whether alcoholic or not, any other commodities, goods, wares or merchandise, or gasoline, diesel fuel, propane or any other product of petroleum or natural gas, the young person cannot work at all in these types of employment from 12:01 a.m. to 6:00 a.m.
For youths working after 12:01 a.m. to the following 6:00 a.m, they must work with and be in the continuous presence of at least one person 18 years of age or older, and the parent or guardian of the young person must give written consent prior to the commencement of employment.
Other pertinent Alberta laws defining child or minor:
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Interpretation Act, RSA 2000, c. I-8:
"minor" means a person under the age of 18 years. -
Family Law Act, RSA 2000, c. F-4.5:
"child" ? means a person who is under the age of 18 years. -
Child, Youth and Family Enhancement Act, RSA 2000, c. C-12:
"child" means a person under the age of 18 years,
"youth" means a child who is 16 years of age or older.
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At 14, a child may obtain a learner's operator's licence.
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The age of consent refers to the age a person must be before they can understand and legally consent to sex. The age of consent is 14.
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At 16, a child may obtain an operator's license.
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At 16, a child may quit school.
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At 16, a child or a ward of the province may live independently (ie. in their own apartment) so long as a parent or guardian is responsible for ensuring they receive the necessities of live.
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At 17, a child may join the Armed Forces.
The criteria used to determine if any member of the Armed Forces can be deployed during war time is extremely firm and individuals being considered are rigidly screened.
Under the Queen's Regulations and Orders (QR&O) 6.01(1) for the Canadian Forces, recruits must be at least 17 years of age and must be "of good character" to be enrolled in the forces.
Last updated: Friday, February 19, 2010
Page ID: 2684