Asking for money at a bus stop, taxi stand, phone booth, or pay toilet does not qualify as constitutionally protected speech, according to a recent decision. The Superior Court of Ontario has declared that while panhandling per se is expression worthy of protection, the above examples are not, because the provisions restricting these acts have the intent and effect of preventing danger and harassment.

In response to the judgment, CCLA General Counsel A. Alan Borovoy retorted: “This is a very imaginative judgment – it’s based on imaginary dangers. The law already prohibits soliciting money in public through threats, violence, following individuals, or blocking their path. So, to protect those solicited from the minor irritation of having to say “no”, those solicited will be denied the major opportunity of seeking the help they might need.”

CCLA Special Counsel Frank Addario and Venora Simpson represented the organization in the case.