Yorkton Council were unanimous at their regular meeting Tuesday in voting to have the city opt into the province’s Safe Public Spaces (Street Weapons) Act and Regulations.
This Act was brought in to address concerns about the increased presence of street weapons in public spaces in communities, explained Trevor Morrissey, Fire Chief.
With the Act “a Council must enact a Bylaw to opt-in to the enforcement of the Safe Public Spaces (Street Weapons) Act in their community,” he added.
Morrissey was quick to note the request was not related to immediate issues in the city, noting he was “not bringing it here today because we’ve got this huge problem.” He added the provincial Act was not something specific to Yorkton but has been “tailored for all cities.”
However, Morrissey said if Council chose not to opt into the provincial program it would leave the city in a bad position “if we do have to deal with it.”
In a backgrounder circulated Tuesday it stated the Act “promotes safety in public urban spaces by regulating the possession, transportation and storage of items that may be used as street weapons, such as knives, machetes or bear spray. The Act prohibits persons from possessing street weapons in public urban spaces and allows police to seize and impound those weapons.”
Under the Act, a street weapon could be any of the following:
- Knife (30 cm or larger)
- body armour
- sword
- explosive devices
- machete
- hypodermic needles not used for legitimate medical purposes
- hatchet
- fentanyl not used for legitimate medical purposes
- axe
- methamphetamine
- hammer
- wildlife control products such as bear spray
- sledgehammer
- any other prescribed item
“Public urban spaces may include public buildings, parks, playgrounds, any land or building entered without consent of the owner, common areas of condominiums or apartments, unoccupied land or buildings, vehicles travelling through public spaces, or any other prescribed place under the Act,” detailed the backgrounder.
Persons using these items for legitimate legal purposes, such as hypodermic needles for medical use, or possessing bear spray for the legitimate use of hunting and hiking are exempt from the application of the Act.
The Act contains two main sets of rules:
* Part 2 prohibits persons from possessing street weapons in public urban spaces, defacing or altering street weapons, or possessing a street weapon that has been defaced or altered. Persons in breach of these rules can be charged with a provincial offence and subject to a fine of not more than $5,000, imprisonment for a term not exceeding one year, or both a fine and imprisonment; and
* Part 3 allows police officers to seize and impound a street weapon from persons in a public urban space if the weapon constitutes a threat to public safety. This power of seizure exists whether the person is charged with an offence under the Act. Persons who are not charged or convicted of an offence respecting the weapon may apply for its return in accordance with the Act. Otherwise, the weapon is forfeited to the Crown.
Morrissey noted the Act, once the City opts in, allows confiscation of items as outlined “without laying charges,” and people can then get the item back if they can “prove the reason they have it is legitimate.”
“Under the Act and per the Community Safety Officer Appointments, the Community Safety Officers are not empowered to enforce the Act. Enforcement of this Act will fall to the RCMP Members,” added Morrissey.
Morrissey also said the move is not an answer to everything.
“It’s just another tool in the toolbox,” he said.
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