Digest: Saskatoon (City) v Case, 2017 SKPC 72

• Date: August 30, 2017

Reported as: 2017 SKPC 72

Docket Number: 400000233 , PC17148

Court: Provincial Court

Date: 2017-08-30

Judges:

• Jackson

Subjects:

• Municipal Law � Bylaw � Defences
• Constitutional Law � Charter of Rights, Section 7

Digest: The accused was charged with urinating in a public place contrary to a City of Saskatoon bylaw. The accused was observed urinating in an alley in the business district. The bylaw provided for a fine of $200 or imprisonment for not more than 30 days. The accused said that because he was homeless and because he had taken medication to relieve pain that induced incontinence, he had the common law defences of due diligence and necessity available to him regarding the charge. He believed that none of the nearby businesses would have permitted him to use their facilities. The accused also challenged the constitutional validity of the bylaw pursuant to s. 7 of the Charter by reason of his homelessness and that the appropriate remedy was for the court to read down the bylaw to allow exceptions to the ban on public urination for homeless people or those who suffer from bladder control issues.
HELD: The accused was found guilty but the fine was waived. The court found that the defence of due diligence was not available because the accused had not made any effort to obtain permission to use available bathrooms nor was the defence of necessity made out. He had not met the evidential burden of establishing it as set out in Latimer. The challenge under s. 7 of the Charter was dismissed because the accused had not provided the hard evidence required for the court to assess the full impact of the alleged shortcomings of the bylaw. The court could not provide the remedy sought by the accused either because it would be impossible to determine who would fall into the category of �homeless� or having �bladder control issues�.

Statutes Considered:

• Cities Act, SS 2002, c C-11.1, s 8(1)
• Cities Act, SS 2002, c C-11.1, s 8(1)(b)
• Cities Act, SS 2002, c C-11.1, s 8(1)(c)
• Cities Act, SS 2002, c C-11.1, s 8(1)(d)

Federal Statutes Considered:

• Charter of Rights, s 1
• Charter of Rights, s 7

Cases Considered:

• Alberta v Hutterian Brethren of Wilson Colony, 2009 SCC 37, [2009] 2 SCR 567, 310 DLR (4th) 193, 9 Alta LR (5th) 1
• British Columbia v Adamson, 2016 BCSC 1245
• Canada (Attorney General) v Bedford, 2013 SCC 72, [2013] 3 SCR 1101, 366 DLR (4th) 237, 452 NR 1, 312 OAC 53, 303 CCC (3d) 146, 7 CR (7th) 1, 297...