City decides against crackdown on Sault This Week paper carriers

When Sault Ste. Marie city council voted last month to look into reportedly sloppy deliveries of newspapers, flyers and other unsolicited printed materials, it was unaware all that stuff is delivered by the same distributor.

That distributor is Sault This Week, and councillors agreed this week to hold off on trying to regulate the delivery business, instead opting for alternative approaches to the issue.

"There is one stakeholder, Sault This Week, responsible for delivering flyers once a week to some of the residences within the City of Sault Ste. Marie," Jenna Ricard, a city solicitor/prosecutor, said in a report to Mayor Matthew Shoemaker and councillors.

"As well, not all residences get this service," Ricard said.

"Some locations have drop boxes in the neighbourhood where flyers are deposited. As such, there is a single distributor and only one possible offender. To date, there has been no staff consultation with Sault This Week."

Sault This Week is owned by Toronto-based Postmedia and has no relationship to SooToday, which is locally owned and has been digital-only throughout its 21-year history.

Ward 1 Coun. Sonny Spina raised the delivery issue to city council in December, talking about papers thrown onto driveways or lawns instead of being placed in mailboxes.

"I want to be clear that no way am I trying to restrict the delivery of these items," Spina said.

"In fact, quite the opposite, I'm trying to encourage the proper delivery of these items and ensure that people actually get them and they're not left in our environment, causing damage to the rest of our environment."

Ricard advised city council on Monday that any bylaw regulating deliveries would be hard and expensive to enforce.

"From a legal perspective, it could be difficult to prosecute and prove an offence of the proposed bylaw," Ricard said in her report.

"Bylaw enforcement officers would follow up on any complaint and unless the officers are able to witness the flyers or newspapers being thrown in driveways or lawns, the residential owner/occupant may be required to testify at a trial to prove the elements of the offence, being the print materials not delivered to an appropriate location.

"Although the city does have the legal authority to enact a bylaw regulating the delivery of flyers, newspapers, and unsolicited print material... it is recommended not to proceed with enacting such a bylaw.

"A bylaw implemented to regulate the delivery of print materials may not be the best means to address the resolution given there is only one distributor in Sault Ste. Marie that distributes once a week and the challenges to both enforce and prosecute offences outlined by this proposed bylaw.

"There may be other alternatives than a bylaw that could be effective in resolving the issue and ensuring print materials are delivered to an appropriate location as well only to residences who wish to receive these materials. City staff can proceed to conduct consultation and prepare a draft bylaw if required."

Councillors agreed and voted to accept Ricard's report as information, taking no immediate action to regulate local newsies.