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CHAPTER C-4
The Punitive Impact of Physical
Distancing Laws on Homeless People*
Terry Skolnik**
Abstract
One of the hallmarks of COVID-19 is that it disproportionately
impacts vulnerable individuals and groups. The State’s punitive legal
responses to the pandemic are no different. This chapter shows why
coercive physical distancing laws disparately impact homeless peo-
ple. It argues that harsh financial penalties for violating these laws
can constitute cruel and unusual punishments that contravene s. 12
of the Canadian Charter of Rights and Freedoms. It challenges prevail-
ing s. 12 Charter jurisprudence and demonstrates why expensive fines
amount to cruel and unusual punishments even when judges have
discretion to modify their severity. After situating the regulation of
homelessness within its historical context, it concludes by setting
out why homeless people are uniquely vulnerable to over-policing.
Ultimately, this chapter elucidates why a public health approach to
both COVID-19 and homelessness are necessary and why neither can
be punished out of existence.
* I thank Anna Maria Konewka, Michelle Biddulph, Nayla El Zir, Mary Roberts,
Vanessa MacDonnell, and the anonymous reviewers for comments on prior
drafts. All mistakes are my own.
** Assistant Professor, University of Ottawa, Faculty of Law, Civil Law Section.
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Title
- VULNERABLE
- Subtitle
- The Law, Policy and Ethics of COVID-19
- Authors
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Publisher
- Ottawa Press
- Date
- 2020
- Language
- English
- License
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Size
- 15.2 x 22.8 cm
- Pages
- 648
- Categories
- Coronavirus
- International