Frustrated over vandalism, Council passes a curfew for Hannam Park

By Ken Johnston
Editor

Revisiting the age old problem of vandalism to Hannam Park, Rainy River's Town Council voted 2-1 Monday evening to implement a curfew.
The motion they voted on states:
"No minor under the age of eighteen (18) years shall loiter, idle or congregate at Hannam Park between the hours of 8 p.m. and 6 a.m. (immediately following) except where said minor is accompanied by a parent or guardian or some adult delegated by the parent or guardian to accompany the minor or where the minor is upon an errand or other legitimate business directed by his parent, guardian or employer.
Any parent, guardian or other person having the care or custody of any minor who permits, suffers, allows or encourages such minor to violate the provisions of this article, or any other person of the age of eighteen (18) years or over who assists, abets, allows, permits any minor under the age of 18 (18) years to violate the provisions of this article is guilty of a misdemeanor."
Councillor Brent Anderson, who voted against the motion questioned whether it will achieve what they want to achieve. "Where will they (the minors) go. Will they take their bad activities elsewhere in the community?"
Anderson also expressed concern that council is broad-brushing all young people and questioned why the numbers 8 p.m. and 18 years of age were selected.
Councillor Gerry Marchuk said, "We are trying to protect the taxpayers property."
Anderson asked how the town will enforce it and whether it is even constitutional to do so.
Acting Mayor Gord Armstrong said, "The police are saying if we give them this they will enforce it."
Councillor Marilyn McAlister said, "All we can do is try... how do parents justify kids running all over (at night)."
This is not the first time council has looked at a curfew as the answer. For many years the town had a 10 p.m. curfew for the entire town. Several years ago, council looked at stepping up enforcement of it, but was informed it was unconstitutional then.
Anderson produced a legal opinion from 2005 that said while no judicial challenges to such a rule had been made to that date, the curfew would likely be ruled unconstitutional. "A curfew by-law will generally limit the rights of people under a fixed age from being out after a fixed hour based solely on the enumerated ground of age. This will clearly bring into play Section 15 of the Charter of Rights.... (which says) Every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex age or physical or mental disability."
After the council meeting the Record asked if this was reflected in any bylaw? Does the town have an existing curfew bylaw that states no one can be in the park during those hours? Council did not know.
"We are trying to get out a message about the vandalism," said Armstrong.
Marchuk said that kids took tools down to the park and ripped cedar shakes off the structure and pulled wiring out of the dock.
Anderson asked if a curfew is right for the park why not right across town?
He was also concerned that anyone can beat the motion by having their parents simply say they were on an errand for them.

Other business
•Council set the advanced and regular poll dates and locations. There will be one advanced poll at the Town Office on Oct. 16/10 from Noon to 5 p.m.
The regular poll will also be at the Town Office on Oct. 25/10 from 10 a.m to 8 p.m. There will also be a regular poll at RR Health Centre Oct. 25/10 from 1:30-3 p.m.
•Council waived the building permit fee for the big tent and the rental charges for the library to operate the canteen at Hannam Park during the RRWT.