The city's bylaw department is recommending that council remove the penalty of jail time from all bylaw offences. Those penalties have been deemed to contravene the Canadian Charter of Rights and Freedoms, department officials believe.

At their meeting Monday night, members of council heard from Bylaw Services manager John Taylor. He said the move to remove the option of imprisoning people who break city bylaws follows a court challenge lodged by a city resident.

The court challenge, Taylor said, related to 'an absolute liability offence' involving a dog owner whose pet was accused of biting another person.

'The problem centres around absolute liability. (The dog owner's) lawyer launched a court challenge,' he said.

Taylor said after the matter was reviewed by city lawyers, it was determined section 101 of the Animal Control Bylaw and similar sections of other bylaws would not hold up in court.

'Charges were laid against a dog owner after a dog bite incident,' council documents state.

'Subsequently, notice was received from the city's solicitor that the lawyer for the accused was giving the city notice of a legal challenge against the Animal Control Bylaw, alleging that it offends the Canadian Charter of Rights and Freedoms,' council documents state.

'Upon review by the city's solicitor, it was confirmed that when a penalty provision that may result in a potential jail sentence is coupled with an absolute liability offence, such as a dog bite, it is contrary to the principles of fundamental justice under section seven of the Charter.

'The argument that is being raised is that there are some offences in our bylaws that are classified as an absolute liability offence, meaning that the liability or action is without fault but the offender is still totally responsible for the action or actions,' according to council documents.

There are many more which could fall into that category, so the city should take a 'blanket approach' to correct the problem, Taylor told council.

Section 101 of the Animal Control Bylaw states: 'No owner of a dog shall permit such dog to bite any person, and where such dog has bitten any person it shall be deemed to have been done with the consent of the owner.'

Penalties for the offence currently under the bylaw include:

• A voluntary fine under section 20 of the Summary Convictions Act; or

• A fine not exceeding $10,000 or to imprisonment for six months or to both; or

• A fine not exceeding $500 or to imprisonment for six months or both.

Section seven of the Charter reads: 'Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.'

Responding to questions from Coun. Jan Stick, Taylor said he believed the changes would prevent further court challenges while still enabling bylaw officers to enforce municipal bylaws.

Penalties of imprisonment for bylaw offences, Taylor added, have rarely if ever been pursued by the city.

Council will vote on the bylaw department's recommendation next week.