Many people in Lloydminster mistakenly believe being unhoused is illegal – it’s not.

Sharing this message was important to the RCMP when the Meridian Source recently sat down with them.

“We’ve got (unhoused) people who walk downtown; it’s not illegal to walk downtown,” said Lloydminster RCMP Inspector Brian Nicholl. “One of the biggest issues we deal with when it comes to that population is a social issue vs. a policing issue.”

Something else they struggle with is the difference between private and public property they stay on.

“You need to have people willing to trespass the individuals,” said Nicholl. “That means, if you’re a private property owner, you need to say, I’m trespassing, person X, we then issue them a trespass notice.”

People must install signs and go to court and say they are trespassing someone off their property. Nicholl said people are reluctant or can’t do these things. Usually, because it’s a lot of work for the community members, not just the police.

The Social Aspect of the Unhoused

When social issues become police issues in this community, it complicates their job.

“So, on the policing side, we can enforce criminality,” said Nicholl. “We can enforce when people have warrants, also when there is illegal drug use, but we’re also governed by the Charter of Human Rights.”

That charter restricts much of what they can do without reasonable grounds. Depending on the crime and its criminality, they must find someone committing the crime. It also depends on whether the offences are summary, indictable, or dual conviction offences.

“If someone is committing a summary conviction offence, such as trespassing, and I don’t find them actually doing it, I can’t go and arrest them,” said Nicholl. “If somebody has drugs, I can’t go and search their person if I don’t have reasonable grounds, whether it’s someone saying I saw you with drugs, I need to have a reason to physically search you.”

Ability to arrest

There are plenty of resources online to explain section 495 of the Canadian Criminal Code. This section describes when and how police can gain grounds to make an arrest.

Theft under $5,000 is a hybrid offence, so officers usually need to catch you committing it or have reasonable grounds to believe you committed it or are about to commit it.

In a 1957 Supreme Court of Canada ruling, an impaired person left a bar with the intent to start their car. They determined the arrest was legal because the individual was about to commit the crime of impaired driving.

There are many intricacies when determining what police can and can’t do about the unhoused.

“The policing side is tough because of many issues, including mental health issues,” said Nicholl.

“The policing side is a tough challenge because there are all kinds of issues going on,” reiterates Nicholl. “One of the biggest challenges though is public vs. private; It’s not illegal to be in public and unhoused.”

Call 9-1-1 if you witness a crime in progress. Direct other non-emergency calls inside city limits to Lloydminster RCMP at 780-808-8300.

Read More – ‘No easy solution’ to unhoused issue: Lloyd MLA

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