Years after law banning gang colours in bars struck down, Sask. hasn't come up with a new one

The government of Saskatchewan is holding off enacting any new law to try to ban gang colours and clothing in bars, but that is not stopping bar owners from enforcing their own dress codes.

The province's old law was struck down more than seven years ago in a Saskatoon court after a judge ruled it unconstitutional. 

Judge Albert Lavoie found the provincial legislation, originally passed in 2004 as part of the government's Safer Communities and Neighbourhoods Act, was too broad and violated the right to free expression.

Soon afterwards, the government said it would re-write the law.

It did so and passed the changes in the legislative assembly, but so far has not put the new law into force.

New law on hold 

Drew Wilby, executive director of corporate affairs with the Ministry of Justice, said there is no guarantee the new law would withstand a court challenge any better than the old one. 

"As well, there are tools available to establishments such as bars and clubs ... where they're able to disallow certain individuals from coming into their establishments if they're wearing those colours, if they're wearing insignias," Wilby said. 

The Eldorado bar on Dewdney Avenue in Regina, has a strict dress code posted on its front door, including a prohibition on gang colours.

"Gang colours are associated with issues and problems, so if anybody wants to come to our establishment we wish for them to follow our dress code and dress in a country manner," said owner Douglas Finlay.

He says the bar has not had problems and patrons obey the rules.

"I do know that some gang people from different associations have been in our establishment, but they follow our dress code and we're fine with that," Finlay said. 

The government notes that anyone who had a problem with a bar's rules would likely take their concerns to the human rights commission, as was the case when a customer complained about discrimination at a local barbershop. 

Wilby said for now, the provincial government will keep the law as it is in Saskatchewan, but he encouraged other provinces that are considering similar bans, such as Prince Edward Island, to go ahead. 

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He said that province may have different issues with gangs than Saskatchewan does. 

"We have some very diffuse street gangs that use colours to represent them, so we couldn't necessarily say, 'well the colour black or the colours black and white or red are banned in establishments across the province' because that's not justifiable nor is it doable."