Chatham-Kent Council passes policy dictating public behaviour

Chatham-Kent Council has approved a new public places policy and trespassing bylaw.

But at least one Chatham-Kent councillor is concerned the policy is an abuse of power and is questioning the methodology used to determine who is breaking the rules.

When asked by North Kent Coun. Rhonda Jubenville how cases of misconduct by the public are resolved, the borough’s general manager of corporate services explained the process would begin with an employee who would consult with senior management if necessary.

The borough already has an employee code of conduct and a council code of conduct, according to Cathy Hoffman, noting that these public policies complement the protections of staff and members of the public within the borough.

“This is becoming a best practice across the province, and many other municipalities have already adopted public codes of conduct to ensure they have a fair process for managing these types of situations,” Hoffman said.

In short, Hoffman explained that if an incident occurs, the discussion can be “escalated” to legal services or the chief administrative officer to determine next steps depending on the “seriousness of the situation.”

“So this policy provides us with a process to address these types of issues,” she said, noting that the ordinance provides a legal framework to ensure the safety of city employees.

The new policy does not entail any additional costs, Hoffman added, because the commune is already addressing these issues.

Jubenville said she would like to know what was behind the policy, citing the fact that the criminal justice system and Ontario’s Human Rights Code already exist and can be applied to violations.

“I am confused as to why we need another layer of bureaucracy to monitor society and deal with threats,” Jubenville said, stressing that she does not want the municipality to “make it harder” for the public to exercise their rights.

“If they’re doing it in a non-threatening way, I just think it’s a slippery slope that we could be going down,” the councilman said. “It seems a bit excessive.”

Hoffman said city officials realize that not all acts of public mischief constitute a crime, but may still violate the ordinance.

In his speech, CEO Michael Duben explained that the policy provides a “mechanism” to deal with instances of misconduct, noting that it is the municipality’s duty to engage the public in discussion and that the scope of the policy is “much broader” than simply annoying employees.

Emily Crawford, legal counsel at CK Law Firm, said penalizing a citizen for trespassing is never an easy matter, noting that it is the municipality’s responsibility to ensure the public has access to basic services.

As Crawford explained, enacting trespassing laws would typically require considering “conduct history,” and that analysis would only apply in the “most extreme” circumstances.

West Kent Coun. Melissa Harrigan expressed her support for the bill, noting that “it’s important to have a policy to stand on.”

Harrigan cited an example of “tense arguments” in the stands of hockey arenas between players’ parents, saying she had witnessed situations where city workers asked people to leave the stadium due to disrespect.

But he adds that sometimes people refuse, explaining that the arena is a public building supported by their taxes.

“Ultimately, we need to demand and require respect for everyone in the city environment and our community, and this policy does a great job of setting that bar,” Harrigan said.

The new policy allows CK to enter private property but also provides for an appeals process at a cost of $200.

The policy was passed by a vote of 15 to 3.

Pam Wright, Local Journalism Initiative Reporter, Chatham Voice