The owner of a downtown pawn shop is taking issue with proposed changes to city bylaws requiring criminal records checks of certain business owners.

Mike Travill argues the requirement would be discriminatory and violate Yukon human rights legislation.

Travill owns Mike’s New and Used Emporium. He brought the issue forward to council Monday evening before council passed first and second readings on the bylaw changes.

Changes to both the vehicle-for-hire bylaw and the business licence bylaw came forward after concerns were expressed by other levels of governments over illegal activities in the vehicle for hire industry.

As it was outlined in a report to council: “The specific concern was that the owner of a vehicle for hire company did not have to meet the criminal record threshold that the drivers within the industry are required to meet.

“This provides an opportunity for persons with criminal records that would disqualify them from being a vehicle for hire driver to open and operate vehicle for hire businesses.”

Under the updated business licence bylaw:

• criminal record provisions for hawker peddlers would be tightened up;

• vehicle for hire, pawn shops and second hand store owners/operators would be added to ensure there is no criminal record related to potential public interest/safety concerns;

• the city would have the ability to suspend or revoke a business licence if the business owner is convicted of an indictable offence or if a city officer “believe that it is in the public interest to do so”;

• a business owner could appeal a suspension or the revocation of his or her business licence to city council; and

• certain definitions have been rewritten to provide better clarity.

The changes mean pawn shop owners would have to pass a criminal record check to obtain a business licence.

The amendment to the vehicle-for-hire bylaw spells out that owners of vehicle for hire companies would be required to follow the business licence bylaw.

Travill called the changes around the criminal records “an affront to human rights legislation,” as they discriminate against people based on previous convictions.

While Travill said he doesn’t have a criminal record and it would not be an issue for him, he pointed out it could be for others.

Travill was quick to note that governments are in the business of auctioning off used government items, such as vehicles they are replacing.

He questioned whether the Yukon government would have been able to auction off its vehicles when former premier Dennis Fentie was in power from 2002 to 2011, given his conviction (for which he had been pardoned) for herion trafficking in the 1970s in Alberta.

Travill also argued there’s a number of other problems with the bylaw changes.

At what point, he asked, is something deemed to be a second-hand good?

A DVD, for example, goes from production to a distributer to a retailer to a consumer who may eventually bring it to a second-hand store to sell.

Travill also argued the bylaw changes are poorly written.

During council discussion on the bylaw, Mayor Dan Curtis confirmed with city administration that the city’s legal team has reviewed the proposed changes to the bylaws. The team has ensured they aren’t breaching any other legislation, the mayor said.

Acting city manager Linda Rapp said she would provide council with information on the legal review of the bylaw that was done prior to third reading coming forward.

Coun. Dan Boyd voted with the rest of council in favour of the bylaws. However, he pointed out there is still time to make changes before third reading.

Coun. Rob Fendrick was absent from Monday’s meeting.

Coun. Samson Hartland attended the session by conference call.