Harassment bylaw slated for spring
By ANDREA SANDS, CITY HALL BUREAU, EDMONTON
A draft bullying bylaw - the first of its kind in Canada - could be in place this spring.
But even if the bylaw is on the books, cops don't expect to write many tickets.
School resource officer, Const. Dan Williams, told the city's community services committee yesterday police would use the proposed rules only as a last resort.
"We're hoping that we don't have to see any (fines). We want to tell the kids that it's illegal and we will enforce it if we have to," Williams said.
"The kids know now that if they haven't assaulted anybody or they haven't made any threats to cause death or bodily harm, then the police can't do anything."
Under the proposed bylaw, anyone who repeatedly makes a minor "feel harassed" in a public place would be subject to a $250 fine.
The community services committee decided yesterday to recommend the bylaw be approved by city council.
The chairman of the City of Edmonton Youth Council applauded the bylaw and told the committee she was bullied through elementary and high school.
"I actually chose to go to a different high school than everybody else so that I would leave the bullying," said Amanda Van Haaften, now a commerce student at Grant MacEwan College.
But children's advocate Guy L'Heureux, who also made a presentation to the committee, said outside yesterday's meeting he fears the bylaw could be a way "around the Young Offenders Act," under which children younger than 12 cannot be charged.
The draft bylaw refers to minors as anyone younger than 18, but doesn't set an age limit at the bottom end, L'Heureux noted.
"Does it go all the way down to kindergarten? Is it kindergarten cops time?" L'Heureux asked.
"Are children under 12 going to be subject to this kind of a bylaw? How far does it go?"
The bylaw is a "simplistic" approach to the issue, he said.
City lawyer Steve Phipps told the committee that council does not have the authority to impose community service work as the penalty for a bullying offence.
But Phipps noted anyone convicted of a bylaw offence has that option through the court system.
The bylaw would also allow bystanders who encourage bullying to face penalties, Phipps added.
"They become parties to the offence, and they are equally liable for the bylaw offence if their act of participation can be proven," he said.
City council will examine the draft bylaw on Tuesday. If it is approved, it is expected to come into effect May 1.
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I think this is a pretty neat by law and if it works in this city it may actually become more and more common thoughout N. America. Personally I am am a little tired of hearing about bullys in school playgrounds picking on certain kids until they eventually snap. Often nothing is done, there parents don't seem any better hopefully this is a first step to getting bullies to stop.
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