Justice Minister and Moose Jaw North MLA Tim McLeod announced at the Moose Jaw Police Service on Monday that the province’s Safe Public Spaces (Street Weapons) Act comes into effect starting today.
The act allows police to seize or lay a provincial charge for the possession, transportation and storage of weapons such as knives, hypodermic needles, bladed weapons and bear spray in public spaces when they are intended to be used for a dangerous purpose.
McLeod added that the act also takes into account dangerous drugs such as fentanyl and methamphetamine.
“Fentanyl and methamphetamine are increasingly the cause of overdose deaths, violent crime and community instability, and they pose unique risks to the general public due to their extremely dangerous and addictive nature,” said McLeod.
McLeod emphasized that the legislation targets items intended to be used for a dangerous purpose and that there are provisions in the act for their legal use.
As an example, he said there is no need for someone to be carrying a machete in a park or bear spray in a mall.
“The government does recognize that many of the items listed in this legislation may have legitimate legal purposes. For that reason, this legislation contains appropriate exceptions to ensure that these items can continue to be used for their lawful purposes,” he said.
McLeod was asked about the legality of police seizing a weapon if no criminal offence is taking place. He replied that the idea behind the act is to allow police to be more proactive and take action before an offence occurs, giving them another tool in their toolbox.
Asked about pocketknives, and in particular, women carrying knives in their purses for personal safety, Supt. Trish Seman of the Moose Jaw Police Service said discretion will be required on the part of police officers.
“According to the legislation it counts, but it's not something that we would take probably look at. A lot of people carry pocketknives. I mean, we live in a farming community and in a community where a lot of people do carry pocketknives,” she said.
However, the legislation is structured so that individual municipalities and First Nations can opt into the act.
“By opting into the act, municipalities and First Nations give their police officers the ability to address street weapons through uniform provincial rule,” McLeod said.
“A municipality can opt in simply by passing a bylaw stating that the act will apply within their municipality, and a First Nation can opt in by passing a First Nation law.”
Moose Jaw Deputy Mayor Dawn Luhning attended the announcement. She said the City of Moose Jaw will be looking into opting into the new act.
“We are no different than any other communities in the province. There are and have been issues in our community, downtown here in particular, and I feel I can't speak for council, but I would certainly look forward to seeing the report and would imagine that it would be a bylaw that will have no trouble being implemented and passed, I would imagine,” Luhning said.
For municipalities that don’t opt in, the act will not apply.
Under the act, public spaces include public buildings, parks, playgrounds, any land or building entered without the owner’s consent, common areas of condominiums or apartments, unoccupied land or buildings, or vehicles traveling through public spaces.
The act allows police to lay charges as a provincial offence, not under the Criminal Code, with penalties of no more than $5,000 in fines, up to one year in jail, or a combination of both.