Public Spaces Bylaw: A CLOSER LOOK

Public spaces are for everyone — from people, to pets, to river valley creatures. They are our workplaces, play spaces, gathering spaces, green spaces and more. To make sure these are spaces everyone can use, we need clear rules to govern their use. The new draft Public Spaces Bylaw is a tool to promote stewardship of these spaces and city property. 

On Feb.10, Administration presented a draft of the Public Spaces Bylaw to the Community and Public Services Committee, which I chair. This draft reflected feedback from more than 6,500 citizens, and we heard from more than 50 people at the meeting — some in support of the bylaw, some who think the bylaw doesn’t go far enough to regulate spaces, and some who shared concerns of equity and raised broader issues of system failures. So, I wanted to share my thoughts on the bylaw, and discuss some of the things I’ve heard. 

What’s changing — and what’s not?  

A lot of this bylaw isn’t new. Most of the regulations exist today. The changes are intended to create greater clarity and consistency across all our public spaces.

I believe that “clear is kind,” and that we all benefit from bylaws that are consistent and easy to understand.

Our public spaces are currently governed by three separate bylaws. Having multiple bylaws that oversee various public spaces means that the current rules are inconsistent, confusing for the public, and difficult to enforce. 

Additionally, peace officers don’t have the ability to address certain behaviors that occur in our public spaces, which can result in a high rate of calls to EPS. Under the new rules, peace officers can now engage with individuals, rather than it falling onto EPS. This frees the police up to be where they’re urgently needed, and is intended to lean away from individuals being criminalized for behaviours that can be addressed through this bylaw.

Addressing concerns

As a Councillor, I have the opportunity to hear countless different perspectives, and I believe this bylaw balances our varying needs and offers a fair path forward. Here are my thoughts on the themes that have formed the majority of the conversation.

Symptoms of systemic issues

I share concerns with many residents about the bylaw’s potential to disproportionately impact Edmontonians experiencing houselessness. I understand your worries and share your compassion for those who are struggling. Taking these kinds of concerns into consideration, the bylaw was reviewed through a GBA+ lens, incorporating recommendations to address some of the equity and inclusion issues.

The truth is, this bylaw cannot address the core issues of addiction, houselessness, and poverty. These are systemic issues, requiring action from all levels of government. These issues are made visible through temporary shelters (encampments), open air drug use, and panhandling, which I’ve addressed below.

Fines

Some folks are concerned that fines could place an undue burden on already vulnerable individuals. On the other side of the coin, some people feel that some of the fines aren’t high enough to discourage people from breaking the rules. For the bylaw infractions that have $25 fees (e.g., open air drug use), the intention behind the nominal fine is to guide behaviour change, and only issue a fine as a last resort. In the case of open air drug use, this activity is already regulated through the federal criminal code; however, with this bylaw, peace officers will now be able to employ the 4E model instead of contacting police. 

Peace officers are trained to follow the 4E model: engage, educate, encourage, and enforce. When encountering an issue, a peace officer might resolve the situation through conversation, referrals to resources, or warnings, rather than ticketing, and this is the expectation. For example, when the current bylaw has been applied to the City’s encampment approach, fines have been issued in only 1% of cases. Enforcement is important, however, per the operating procedures, it should not be standard. 

Temporary Shelters, Panhandling, and Open Air Drug Use

Temporary shelters are not a long-term solution, and citizens are in need of all types of housing, from transitional to permanent. The City’s encampment response team will continue to take a risk based approach to addressing encampments. Panhandling is allowed, but there are limitations as to where it can take place (for example, no panhandling on roadways), and rules to address any aggressive behaviour. Some folks have shared concerns about pushing open air drug use into less visible spaces, making overdose intervention more challenging. As with housing, the opioid crisis requires a complex response, far beyond the reach of any city bylaw.

Transit 

I’ve heard concerns about public transit spaces being used for activities other than getting from point A to point B. Public transportation is for everyone, and many citizens rely on it  and many are saying they don’t feel safe. Making sure transit is safe for all users is a matter of equity. Riders’ psychological and physical safety is of utmost importance, as is that of transit staff, who have told me they don’t always feel safe in their workplaces. This bylaw addresses the need for safety, and enforces that the primary purpose of transit is to move citizens across the city, while also having plans and resources in place for vulnerable individuals during extreme weather events. 

Protests

I’ve heard concerns from people who worry that this bylaw is going to infringe on their rights to gather in large groups. Events with more than 100 people will need permits, with an amendment made by committee to stipulate that “Nothing in this section will be applied or interpreted to prevent the exercise of fundamental freedoms guaranteed by the Canadian Charter of Rights and Freedoms.”

Animals and wildlife

The feeding of feral cats is another concern I’ve been hearing about. As an animal lover myself, I understand, which is why I spoke in support of an exemption for feeding feral cats on public property. The experts at Animal Care and Control have indicated that there’s no evidence that feeding feral cats has any negative impact on wildlife, and it enhances the cats’ safety and quality of life. Stay tuned for more updates around this issue.

Final thoughts 

Let’s be clear — this bylaw isn’t perfect and has limitations.

However, Council must create clear expectations for all on what behaviours are allowed in public spaces. This bylaw is a tool to do that. It can’t address systemic issues, such as the housing and opioid crises. Further work is still needed in many areas, and the City will continue to be active partners with the Province and Federal partners on these broader social issues. 

City Council will vote on this bylaw later this month. If approved, I’ll be keeping a close eye on how this bylaw is implemented, as this for me is key.

My expectation is that this bylaw is implemented using a compassionate and educational approach.

I am also working on a motion for the City to report on data and outcomes of the bylaw, for accountability and transparency.  This report, if approved by Council, will help identify if adjustments need to be made in the future after one year of this bylaw being in force. 

Our use of public spaces is as diverse as reflects our immense diversity as individuals. While no bylaw can address everything, this consolidated bylaw offers a clear set of rules to help regulate our public spaces for our mutual safety, enjoyment, and as a work place. 

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Want to know more? Please check out my previous blogs/posts on this issue: 

• https://www.erinrutherford.ca/updates-blog/publicspacesbylaw

• https://www.erinrutherford.ca/updates-blog/revised-draft-public-spaces-bylaw

You can also check out the various reports from City Administration that have been presented to Council:

• Link to agenda for public meeting on February 10, 2025 where members of the public will register to provide feedback on this topic. See Item 7.1 for the report and attachments.

• Link to meeting minutes from the public meeting on February 14, 2024 where the first draft of the Public Spaces Bylaw was presented. See Item 6.1 for the report and attachments.