Thompson, Man., is being threatened with a lawsuit unless it ditches a 14-month-old bylaw that bans children and teens from the streets at night, under threat of a $500 fine.

A person, who has not been publicly identified, has hired lawyers to ask the city to throw out the curfew bylaw or else face litigation, alleging it violates the Charter of Rights.

The city adopted the bylaw on July 18, 2005, in a bid to curb vandalism. It prohibits youth from being alone or unaccompanied by guardians while out in public after certain hours: 10 p.m. for children under 12, 11 p.m. for those 12 to 15, and midnight for 16- and 17-year-olds. The curfew is lifted at 7 a.m. the following morning.

Neither Thompson lawyer Ron Dearman nor Winnipeg lawyer Myfanwy Bowman would disclose the name of their client, but both lawyers said the bylaw discriminates against youth 17 years and under because of their age.

"It violates the Charter of Rights, specifically that it violates the rights of children and youth to equality under the law, to liberty, to freedom of association," said Bowman, a lawyer with the Public Interest Law Centre.

Bowman said she sent a letter to Thompson's mayor and council in May asking them to rescind the bylaw, but has received no response.

She said she and Dearman plan to give the city until Friday to give them a formal response.

After that, she said they have no choice but to prepare a statement of claim against the city, which they would file within months.

Children and youth can be fined up to $500 for violating the curfew. Their guardians can also be fined for not making sure their children obey the curfew.

Mayor says he didn't support curfew

Thompson Mayor Bill Comaskey said on Tuesday that he did not support the bylaw, but the council passed it as a way to curb vandalism by local youth.
 
"We have not been served with court documents yet," Comaskey said when asked about the lawyers' statement of claim.

"But once it is, then I'm going to leave it in the capable hands of the justice system to bring down a decision, and I can't predict what the position of the city will be at that time."

Comaskey said council was expected to review the curfew bylaw in July, a year after it was passed. No review has yet taken place.