Ontario. Task Force on the Law Concerning Trespass to Publicly-Used Property as it Affects Youth and Minorities

• Task Force on the Law Concerning Trespass to Publicly-Used Property as it Affects Youth and Minorities

The Task Force on the Law Concerning Trespass to Publicly-Used Property as it Affects Youth and Minorities was appointed June 23, 1986 with Raj Anand as its Chairman.

The Task Force held hearings at which representatives from user groups and owner groups were heard. It also received 75 written submissions from groups such as shopping centre owners, managers and associations, security firms, police chiefs, municipalities, children's aid societies and groups representing ethnic minorities. The Chairman also conducted a wide variety of personal interviews.

Generally, the Task Force found that the interested parties fell sharply into two camps. One group, exemplified by shopping mall owners, praised the use of the current trespass law; the other group, exemplified by minority groups, said that the use of the trespass law was incompatible with the important economic and social role that publicly-used properties had come to play in society.

The Task Force concluded that the Trespass to Property Act was a cause of escalation in tension between users and owners of privately owned property, often resulting in verbal altercations between security guards, property managers and the public. It was noted that as a result of this escalation, simple trespass charges are often overtaken by more serious charges such as assault or obstruction of justice.

The Task Force outlined two approaches in its report as recommendations. One was to alter the Trespass to Property Act to clarify the vague prohibition on "unreasonably inconsistent use" and replace it with a list of prohibited acts. The other was to withdraw the use of the Trespass to Property Act for publicly-used private properties on the basis of their contemporary importance. This second recommendation envisages publicly- used places playing the same role in society as used to be played by town squares and public markets, for which the conduct of visitors would be guided by the extensive regulations of the Criminal Code, etc. The Task Force's other recommendations included such subjects as the design of publicly used places, notices about banning visitors, and the delineation of publicly-used property.

The Task Force was dissolved in 1987.

The Ontario Task Force on the Law Concerning Trespass to Publicly-Used Property as it Affects Youth and Minorities examined the Trespass to Property Act with respect to allegations the Act was being enforced in a manner that was discriminatory to youth, visible minorities and the poor.

RAD: Rules for Archival Description, 2nd edn (2008)

2026-11-16: migrated to AtoM

Canadiana Name Authorities, 1996-12- 24

Archives of Ontario, Series RG 18-543

Archivist(s):
B. Krawczyk, R. Anger