Alberta town imposes curfew bylaw on youth
If you're under 15 years old and you live in the town of Bruderheim, you'll have to be home by 11 p.m. — or your parents could get in trouble.
According to a new curfew bylaw that came into effect on July 6, parents can be fined up to $100 if their children are out in public late at night without supervision. If it happens again, the penalty doubles to $200.
Fort Saskatchewan RCMP will enforce the bylaw, which applies until 6 a.m. Officers are to issue fines at their own discretion.
Const. Derrick Koller said to date there have been no infractions.
He said the bylaw is intended as a way educate and engage with youth.
"It allows us to talk to them, find out why they're out," Koller said.
"The primary concern is safety. If a youth who is under the age of 15 years old is out at four in the morning, we would already be having these conversations. If there are specific concerns brought up with that youth at that point in time, this allows us to go back to speak to the parents or guardians. And that's where the enforcement part would come in."
Koller said he couldn't speak to the origins of the curfew bylaw.
The mayor of Bruderheim did not return phone calls from CBC News.
While the vast majority of municipalities in Alberta do not have curfew bylaws, a handful have imposed them in recent years — notably Taber, which also introduced bans on swearing and spitting.
When one municipality passes a specific bylaw, it's not unusual for others to follow suit, said Eran Kaplinsky, a professor at the University of Alberta who specializes in Alberta municipal law.
Under the curfew bylaws, he said to his knowledge few fines have been issued to date.
"This is more of a deterrent than anything else," he said.
While the provincial Municipal Government Act does not have provisions for the protections of minors, Kaplinsky said it does give councils broad powers to regulate on a wide range of issues.
Bruderheim's council cited a portion of the legislation that speaks to passing bylaws for "municipal purposes, including the safety, health and welfare of people and the protection of people and property and people, activities and things in, on or near a public place, or a place that is open to the public."
Councils jobs are to listen to communities
The trend in curfew bylaws in Alberta has been to prohibit youth from being outside after a certain hour, then allow for exemptions.
That's the case in Bruderheim as well, where the four exceptions: are the sidewalk in front of their homes; coming home from work, volunteering or an organized activity; travelling from Point A to B in a car; and emergencies.
Kaplinsky emphasized the political nature of oversight.
"Councils are listening to the community," he said. "This is something that apparently the community wants.
"If the community is unhappy with the choices that councils make, they have options, and local councils probably are aware that the teens that they're subjecting to a curfew will become voters pretty soon."
Kaplinsky said his personal view is that municipalities should place greater emphasis on creating opportunities and activities for young people, instead of creating curfew bylaws.
"Generally, I think local councils should think hard about why they have to pass these bylaws and what opportunities are available for teens to engage in social activity, what forms of entertainment are available to them locally and how to encourage them, how to engage in positive activities and stay out of trouble," he said.
Curfews have not been a major political issue in Canada, but when they've been introduced in municipalities they've stirred up controversy and begged questions of constitutionality.
At the provincial level, British Columbia did have a Curfew Act that gave residents in rural areas the chance to petition the lieutenant-governor for regulations. The Curfew Act was repealed in 2002.
Ontario's Child and Family Services Act prohibits children under 16 years old from loitering in public places between midnight and 6 a.m. without a parent or guardian.
The Ottawa police refers to that section of the act as curfew provisions on its website.
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