Essex adopts Public Conduct and Trespass to Property policies

By: Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press

 

Council for the Town of Essex adopted Public Conduct and Trespass to Property policies during the January 12 meeting.

 

These policies follow Councillor Brad Allard’s resolution that Council passed on September 15, 2025, which directed Administration to develop a policy to regulate and provide guidelines for addressing the conduct of members of the public and other third parties when dealing with Council members and employees of the Corporation of the Town of Essex.

 

In the report Joe Malandruccolo, Director of Legal and Legislative Services/Clerk, prepared, it notes these policies will not only address how to deal with the actions of the public, but also establish steps to be taken when members of the public cross boundaries.

 

The Public Conduct Policy outlines what comprises unreasonable behaviour and introduces potential restrictions placed on members of the public as a result of such behaviour, the Report to Council adds.

 

That could include restrictions of access to Town Council and staff, or limited access to Town facilities, issuing a notice of trespass, and potential legal action, if necessary.

 

“The goal of the restrictions would be to prevent harassment of Town Council and Staff without excessively violating the section 2(b) Charter right of every Canadian citizen to free speech,” the Report noted.

 

The Trespass Policy notes the length of trespass bans should be reasonable to not violate a person’s section 2(b) Charter Rights. Initial bans are normally short and increase in length with reoccurrences, the Report adds.

 

Pursuant to the Trespass to Property Act, a member of the public found guilty of violating a Notice of Trespass is liable to a fine of up to $10,000.

 

In answering Councillor Rodney Hammond’s question on if this is the right time to implement this, as he was sure the Province was working on drafting something similar, CAO Kate Giurissevich said she believes these policies are overdue.

 

“I have already been informally using this in certain instances. I think what we are seeing is a new age, where you have the internet and you have some significant harassment towards our staff,” she said. 

 

Deputy Mayor Rob Shepley appreciated the report and was glad it was more of a reactionary policy with measured responses.

 

“I think the message is that we run a smooth ship here. We have respectful debate. Even when we disagree, it’s respectful, and we expect the same from members of our audience [who] come to our Council meetings,” Mayor Sherry Bondy said. We also expect that residents in the Municipality of Essex treat our staff with respect.”

 

She said she has seen far too many people come in disgruntled and be mad at employees because of policies set, and policies set at the Council table are set for a reason.