Draft Anti-Bullying Bylaw

Draft Anti-Bullying Bylaw

Harassment in all it's forms is not acceptable.

Unacceptable‭ ‬behavior‭ ‬from‭ ‬anyone‭ ‬will‭ ‬not‭ ‬be‭ ‬tolerated. When ‬asked‭ ‬to‭ ‬stop the‭ ‬unacceptable‭ ‬behavior, it ‬is‭ ‬expected‭ ‬to‭ ‬stop ‬immediately. Community leaders ‬may‭ ‬take‭ ‬any‭ ‬action‭ ‬they‭ ‬deem‭ ‬appropriate,‭ ‬up‭ ‬to‭ ‬and‭ ‬including any and all bylaws, Provincal and Federal laws.
 

"You are responsible for discriminatory behaviour if you know your behaviour is

Unwelcome to the recipient, or if a reasonable person ought to have known the behaviour
is, or could be, unwelcome to the recipient. Harassment can include comments, conduct,
or display of materials that directly target an individual or that create a “poisoned” or
“Unwelcoming” environment where the person feels psychologically or emotionally
Harmed, offended or intimidated based on any of the prohibited grounds.
Discriminatory harassment includes:
- Unwanted physical contact (touching, grabbing, hitting or pinching)
- Written or verbal abuse or threats
- Unwelcome remarks, jokes, slurs, or taunts about a person’s ancestry, national or
Ethnic origin, sexual orientation, or any other prohibited ground
- Insulting names or comments
- Jokes, cartoons, or pictures
- Practical jokes that embarrass or insult someone
- Ignoring, isolating, or segregating a person or group
- Negative treatment because of sex, ancestry, disability or any other prohibited
ground of discrimination" Saskatchewan Human Rights Commission.

"Personal harassment is any unwanted activity or behavior directed at an individual.

that creates a negative, hostile, or unwelcoming environment for that individual. Personal
Harassment is not covered by The Saskatchewan Human Rights Code because it is not
connected to one of the prohibited grounds of discrimination. However, this policy also
prohibits the kind of personal harassment prohibited by The Occupational Health and
Safety Act, 1993:" “forms of personal harassment with respect to any matter or circumstance
arising out of the worker’s employment, which includes bullying and abuse
of power.” Saskatchewan Occupational Health and Safety Act, 1993.

WHEREAS, pursuant to Section 8(1) of The Municipalities Act as amended, a Council may pass Bylaws respecting the safety, health and welfare of people and the protection of people and property and respecting people, activities and things in or near public places.

BYLAW TITLE
1. This Bylaw shall be known as the “Anti-Bullying” bylaw.

DEFINITIONS

1. “Bullied” means the repeated or habitual harassment of others by the real or threatened infliction of physical violence and attacks, racially, ethnic, gender or sexual orientation based abuse, taunts, name calling and put-downs that are verbal, written or electronically transmitted, or emotional abuse, extortion or stealing of money and possessions and social out-casting.
2. “Minor” means an individual less than 18 years of age.
3. “Peace Officer” means a member of the Royal Canadian Mounted Police, or a Special Constable appointed by the municipality.
4. “Public Place” means any place, including privately owned or leased property, to which the public reasonably has or is permitted to have access, whether on payment or otherwise, within the corporate limits of the Town, including schools, recreational facilities, and public parks and sports grounds.

ENFORCEMENT

1. No person shall, in any public place:
a) Communicate either directly or indirectly with any person in a way that causes the person, reasonably in all the circumstances, to feel bullied.
b) While not taking part in any action described in Part 3, Section 1 (a) encourage or cheer on any person described in Part 3, Section 1 (a).
2. Any person who contravenes Part 3, Section 1(a) of this Bylaw is guilty of an offence punishable on summary conviction and is liable.
a) For a first offence, to a minimum specified penalty of $000.00; and
b) For second, or subsequent offences, to a fine not exceeding $0,000.00; and in default of payment of the fine and costs, to imprisonment for six months.
3. Any person who contravenes Part 3, Section 1(b) of this Bylaw is guilty of an
offence punishable on summary conviction and is liable
a) For a first offence, to a minimum specified penalty of $000.00; and
b) For second, or subsequent offences, to a fine not exceeding $000.00; and in
default of payment of the fine and costs, to imprisonment for six months.
4. If an Offence Notification Ticket is issued in respect of an offence, the Offence
Notification Ticket may:
a) Specify the fine amount established by this Bylaw for the offence; or
b) Require a person to appear in Court without the alternative of making a
voluntary payment.
5. A person who commits an offence, may:
a) If an Offence Notification Ticket is issued in respect of the offence; and
b) If the Offence Notification Ticket specifies the fine amount established by
the Bylaw for the offence
Make a voluntary payment equal to the specified fine by delivering the Offence
Notification Ticket and the specified fine to the Provincial Court Office
specified on the Offence Notification Ticket.

ENACTMENT

1. This bylaw shall come into effect on            .


Draft only, June 4th, 2014, gh