A landmark Superior Court decision released yesterday has struck down parts of Ontario’s long-criticized anti-panhandling law. Chris Hummel, a lawyer in Gowling WLG’s Environmental, Energy, and Indigenous Law groups, served as pro bono counsel for Fair Change Community Services, a student-run clinic that challenged the constitutionality of Ontario's Safe Streets Act.

The case was heard before Ontario Superior Court Justice Robert Centa, who delivered the decision in favour of Fair Change, deeming several provisions of Ontario’s law as unconstitutional.

“This decision provides important protections to an extremely vulnerable population who, without organizations like Fair Change, would have no legal representation,” said Chris. “I am proud of Fair Change for securing this meaningful victory.”

Justice Centa's ruling concluded that the ban on panhandling in public places, including near ATMs, transit stops, and public toilets, unjustifiably violated freedom of expression. The decision recognized the social value of solicitation and emphasized that the mere presence of individuals soliciting donations does not pose a danger or impediment to public safety. Further, Justice Centa struck down provisions that deemed various behaviours – such as panhandling while intoxicated – to be “aggressive” solicitation.

In his decision, Justice Centa acknowledged the important work of Fair Change's student volunteers, as well as its founder, Joanna Nefs, writing: “Its work is important, recognized in the mainstream press and legal community, and of enormous credit to its founder and its volunteers. The evidence filed on this application demonstrates that Fair Change has provided significant assistance to its clients and furthered their access to justice.”

About Gowling WLG's pro bono program

For over a century, Gowling WLG has provided pro bono legal services in communities across Canada to those who need them most. Our pro bono clients include charities, community organizations and individuals who are marginalized or disadvantaged, and who face barriers to justice. Learn more