Moose Jaw police toe legal line with new anti-trespassing initiative: lawyer

A new program from Moose Jaw police meant to deal with a growing issue of disruptive behaviour in the city's downtown is toeing a thin legal line, according to an expert.

"In theory there's nothing too concerning about it, but when you start diving into the detail I think there there might be a host of difficulties here," Ron Piché, a defence lawyer in Saskatoon, recently told CBC's The Afternoon Edition.

According to the Moose Jaw Police Service, businesses have complained about being frequently visited by people that "regularly loiter in areas that provide shelter, engage in disruptive and aggressive behaviour and sleep in lobbies," according to a pamphlet on the police service's website.

The Trespass Prevention Program is meant to address that problem by allowing police to act as the property owner's representative after regular business hours.

Under the program, businesses register their property with police, who then install a decal on the business's window or door.

Moose Jaw Police Service will install a decal like the one shown in this mock-up image for businesses that register with the force's Trespass Prevention Program. (Moose Jaw Police Service/Submitted)

Police are then given the authority to remove people who could be trespassing from those commercial properties.

"Before, we would have to contact [the business owner], there was a process, and this now just allows us to act on their behalf," said Jay-D Haughton, a spokesperson for the Moose Jaw Police Service.

"Sometimes someone might be there for a very lawful reason. They might be working after hours, they might be cleaning, whatever the case may be. But the main thing is that we are acting on [the business's] behalf."

At least 20 businesses in the city's downtown core have signed up for the program, according to Haughton.

He stressed that the program is proactive and will be geared toward education.

"We're not just going to immediately arrest somebody. We're going to start a conversation, make sure that they're there for a lawful reason. If not, we're going to educate them before we move to the steps of maybe charging or giving them a ticket for trespassing," he said.

LISTEN| New Moose Jaw shelter is making an impact with 94 per cent capacity each night: 

Piché said that on the face of it, the policy is "rife" with potential breaches of the Canadian Charter of Rights and Freedoms.

"If in fact they are approaching people in these kind of situations, the question becomes whether or not they are detained and whether they have grounds to suspect there is any criminal activity," said Piché.

Advocacy organizations that support homeless people in Moose Jaw say the program should strike a balance between the concerns of businesses and the dignity of those who do not have homes.

Mary Lee Booth is the chair of Square One Community Inc., and a former Moose Jaw Police Commissioner.

"I know our police force and I have ultimate confidence in them," she said. "When they have to ask somebody to leave a premises, they are very aware and they resource these people to local resources."

Booth said the most recent point-in-time count, conducted in August 2023, found there was 26 people in Moose Jaw who were not in a "housing secure situation" in a city of a little more than 33,000 people.

"I might have been concerned [about the program], but I'm very familiar with our police force and one thing I've been really proud of with our police force is that the officers really lead with empathy," Booth said.

"They already are familiar with the folks that are on the streets in Moose Jaw. They know them by name."

Piché urged caution.

While police and the public may view the program as a simple solution to a problem raised by businesses, that doesn't mean it's right, Piche said.

"Unfortunately, practical solutions don't always meet with the Charter and there's always, always this balancing act that takes place," he said.