Page - 297 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

297The Punitive Impact of Physical Distancing Laws on Homeless People because they are confined spaces with poor air circulation.42 The sani- tation risks in homeless shelters have only increased since the pan- demic and have materialized in many cases. There have been major COVID-19 outbreaks in homeless shelters in Toronto—the only avail- able alternative to sleeping in public for many individuals without access to housing.43 Homeless people therefore face the particularly unpalatable choice of endangering their well-being in shelters or risk- ing financial penalties for violating COVID-19-related laws. Conclusion Hegel once suggested that history teaches us that we learn nothing from history.44 Canada’s legal responses to homelessness during COVID-19 are part of a larger historical story about how coercion and punishment cannot resolve society’s most persistent social problems. Canadian cities are increasingly confronted with the choice between employing a predominantly public health response to homelessness during the pandemic or resorting to the criminal law and public wel- fare offences. The pandemic is making homeless people’s lives immea- surably more difficult and is exposing them to additional health risks. All levels of government thus should choose to avoid coercive legal responses to homelessness that entrench individuals in that condition. More than ever, the state should use the law as a tool to lift individuals out of extreme poverty and homelessness, improve access to afford- able housing, and affirm homeless people’s dignity. Ultimately, the state’s legal responses to homelessness both during and after COVID- 19 should be rooted in an enduring truism. Similar to how we cannot police our way out of a pandemic, we cannot punish our way out of homelessness.45 History shows this to be true. 42. See for example Kamran Khan et al, “Active Tuberculosis among Homeless Persons, Toronto, Ontario, Canada, 1998-2007” (2011) 17:3 Emerging Infectious Diseases 357. 43. The Canadian Press, “COVID-19 Spreads in Homeless Shelter, WHO Seeks Funds”, National Post (25 April 2020), online: <nationalpost.com/pmn/news- pmn/canada-news-pmn/covid-19-spreads-in-homeless-shelter-who-seeks- funds-in-the-news-for-april-25>. 44. Georg Wilhelm Friedrich Hegel, The  Philosophy  of  History  (New York: Colonial Press, 1900) at 6. 45. Alexander McClelland “We Cannot Police Our Way Out of a Pandemic”, NOW (30 March 2020), online: <nowtoronto.com/news/ coronavirus-we-cant-police-our-way-out-of-pandemic/>.