John Morris said he plans to contest the $230 fine if the matter goes to court. (Submitted by John Morris)
Quebec City’s municipal bylaw says that is “prohibited for a person, without a reasonable motive … to loiter, wander or sleep in a street or a public space.”
When asked under what circumstances Quebec City police will arrest or fine someone for loitering, Dion said “it’s on a case-by-case basis,” and that “it’s up to police officers’ discretion”.
Florence Boucher Cossette, a criminal defence lawyer who has worked on loitering cases before, says the legal definition of the offence is unclear and is used arbitrarily by law enforcement.
“Every day, every single second in this city, people are loitering. So why aren’t you arresting them?” she pointed out.
She said Morris likely has a good shot at winning his case, as people accused of loitering when they were sunbathing or drinking coffee on a bench were acquitted in previous cases.
“In terms of defence, he was doing something, he was not loitering and there without apparent reason,” said Boucher Cossette. “He was taking photographs.”
In the end, Morris never succeeded in getting his perfect shot. “Lo and behold, when the clouds came, I was in the cruiser,” he said.