Prince Albert Police Chief Patrick Nogier is in favour of the province's new bear spray regulations. (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Safer communities

Hit or miss: How will the province’s new bear spray regulations affect Prince Albert?

Mar 21, 2024 | 5:00 PM

According to Prince Albert’s Chief of Police, new provincial bear spray regulations are a move in the right direction both for the city’s police service and for the community as a whole.

Patrick Nogier was asked by paNOW to respond to the recently introduced legislation which is only being applied to cities with 5,000 people or more, and comes in response to over 3,000 reports of bear spray across the province over the past five years.

“[The legislation] provides our police officers with another level of enforcement legislation that allows them to get the job done,” Nogier said, noting they were among the numerous police agencies involved in consultations with the government and had been asked to review patterns and trends.

In 2019, there were 96 bear spray related occurrences in Prince Albert, which increased to 115 in 2020 and then 169 in 2023. Nogier noted these occurrence could involve someone turning over a canister to police that looked like bear spear or an officer physically coming across one.

“I think everyone defaults to the fact that bear spray may have been used in a negative way in the community and that’s not always the case,” he said.

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In October, 2023, a 15-year-old boy was charged in connection to an incident outside Carlton Court Plaza. When challenged, the boy then aimed the spray at a peace officer and tried to flee the scene.

And in January, 2024, a 13-year-old youth was charged in connection with several bear spray attacks in Prince Albert. In one incident, three youths, out for a walk, were targeted. A video of the incident was posted to social media.

Bear spray, wrapped in black electrical tape, has become a common item seized in Prince Albert. (Prince Albert Police)

Earlier this week, Saskatchewan’s corrections minister explained the regulations are meant to improve public safety and provide law enforcement with more options, as officers can use their discretion to charge someone if they are carrying bear spray. Nogier explained what’s been occurring, when officers respond to an incident where bear spray is involved, is a lot of times there’s an unwillingness by the witnesses or victims to say who was responsible.

“So the investigation never did get to a point where we could hold somebody accountable for using bear spray,” Nogier said.

People can still buy the product, but they must keep it at home and the regulations don’t apply to rural and northern areas, and hunters and hikers there can continue to carry bear spray for their safety.

And essentially people can still carry bear spray in urban areas under certain circumstances, but need to demonstrate a reasonable need to do so. For example, they may cite they have recently witnessed a bear in their community.

Citing examples in the past where officers have attended a local football game to preserve the peace, Nogier said officers may come across someone who is in possession of bear spray. And while it has not yet deployed there are some indications it could be.

“Prior to this legislation going through, work to constitute a charge would be problematic”, he said, adding the now lower threshold allows officers to have people held accountable when they are in possession of bear spray in circumstances when there is no need for it in any shape or fashion

And with respect to any lingering questions, Nogier said it’s too soon to tell, adding at this stage they will continue to work on the process.

“You know when it comes to formally issuing a summons to appear when a person has been charged; making sure the Crown understand what constitutes the offence; making sure that we are meeting that threshold; making sure we are doing good documentation when it comes to exhibits being handled and processed properly,” he explained.

A can of bear spray, painted black, was also among the items seized during this arrest in May, 2020. (Prince Albert Police)

While Parkland Ambulance was unable to break down data with respect to incidents related to bear spray, they were able to confirm through a statement that paramedics often see the victims of a bear spray event who through no fault of their own have been sprayed during the commission of a crime.

“The affects of ‘bear spray’ are quite frightening and traumatic to an individual who’s been sprayed. The legislation is set to making our communities safer,” spokesperson Lyle Karasiuk said.

One of the interesting clauses of the legislation is an option for the offender to pay a fine up to $100,000 and avoid a criminal record. Brian Pfefferle, a defence lawyer in Saskatoon, told paNOW this presents a positive opportunity to keep people out of jail.

“If someone is found in possession of a weapon, to wit bear spray, there’s now become another tool for the prosecution and potentially the police to take a non-criminal avenue to resolve the matter,” he said.

With respect to the legislation as a whole, Pfefferle, noting provisions that already exist in the Criminal Code of Canada for the possession of a weapon, calls the regulations redundant.

“It’s very unlikely that somebody in the urban centres would be possession of an item like this without it being potentially designated as a weapon under the criminal code,” he said.

And while acknowledging there’s been an increased number of bear spray incidents in Saskatoon and Prince Albert, and even noting his own personal experience at an outdoor event, Pfefferle said his office is always concerned when there’s new legislation that has potential impacts on citizens and their freedom.

The regulations do not apply to retailers or impose additional record-keeping or identification requirements. That being said, when paNOW reached out a local retailer for comment, they said the regulations don’t make any sense, adding the people carrying bear spray for nefarious purposes are going to continue doing so regardless.

And with respect to the optionary fine, the business owner said the people getting charged often don’t have the ability pay a fine of any nature.

The new regulations took effect on Feb, 29, 2024.

nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell