A legal challenge to youth curfews was launched yesterday in the remote northern Manitoba city of Thompson.
Although many Canadian communities have curfew bylaws, this is thought to be the first such legal challenge.
The statement of claim argues that Thompson's curfew, in place since July of 2005, infringes on the rights of young people and their legal guardians.
Myfanwy Bowman of Manitoba's Public Interest Law Centre is handling the case. She said the municipal bylaw violates several sections of the Charter of Rights and Freedoms by discriminating on the basis of age, restricting a child's freedom and infringing on a parent's right to raise children without state interference.
"We've also argued that this is really an attempt at criminal law, which is something only the federal government can do," Ms. Bowman said, adding that it is seen as a tool for police to stop and question young people.
"Any time you have a government, at any level, playing with people's rights, or stepping on Charter rights, that's a very serious matter. They need to be able to justify why this is important. . . . Based on my review of the evidence, I don't think they can."
The mayor of Thompson was not available for comment yesterday.
Under the bylaw, children under 12 cannot be in a public place unaccompanied by an adult after 10 p.m., unless they are travelling from a supervised event. Children between 12 and 15 have an 11 p.m. curfew, and 16 and 17 year olds must be indoors by midnight.
If they are stopped by police, violators can be given a written warning and returned to their parent or guardian. If three warnings are issued in a six- month period, it results in a fine of between $50 and $500.
Sergeant Steve Saunders, a spokesman for the RCMP in Manitoba, said no charges have ever been laid under the curfew, but he could not say whether it has been used to stop and question young people.
Lynn Sauvé, who is named as a plaintiff in the case, said she is one of the few people in the city of 15,000 willing to defend its young people. She said the bylaw is popular among locals, who fear the mining town is controlled by gangs.
"People won't let their kids out on the street because they're afraid," said Ms. Sauvé, who works with young people at the local Boys and Girls Club. "Everybody will talk about the problem, but nobody wants to be part of the solution."
Her son Chris, 17, is also named as a plaintiff in the case. He said although he has never been stopped by police for violating the curfew, it's a law that deserves to be axed.
"I feel like I'm being discriminated against for being a youth," he said. "It's not right."
Ms. Bowman said she feels she has a strong case, one that will inevitably have national implications.
"There are lots of small towns, both within Manitoba and across the country, that have curfews. Although each one is unique, if you strike one down then I think that has pretty significant implications for the others," she said.
She said the City of Thompson has failed to do any research into whether it even has a youth crime problem, and if it does, whether those offences are being committed during the times covered by the bylaw.
Joe Friesen