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laws governing physical distancing will disproportionately impact
homeless people and shows why these laws raise serious constitu-
tional concerns. Building on existing case law, I demonstrate why
financial penalties for breaching physical distancing laws can consti-
tute a cruel and unusual punishment for indigent and homeless per-
sons. I then situate the regulation of homelessness within its historical
context, explaining how laws that govern homeless people emerged
following the Black Plague—a pandemic that occurred in the 1300s.
After discussing how the notion of public health continues to play a
role in justifying laws that regulate homeless people, I conclude by
setting out why people experiencing homelessness are particularly
vulnerable to coercion from laws that are enforced to prevent the
transmission of COVID-19.
Punitive Responses to COVID-19: An Overview
The COVID-19 pandemic has led to unprecedented governmental
responses that aim to curb its spread. State-sanctioned coercion and
punishment are playing a fundamental role in ensuring that individu-
als obey physical distancing guidelines to prevent COVID-19 infec-
tions, complications, and deaths.
Alexander McClelland and Alex Luscombe explain that in
response to COVID-19, governments and the police enforce three types
of punitive laws: the Criminal Code, provincial health laws, and munic-
ipal ordinances.11 First, with respect to the Criminal Code, defendants
charged with COVID-19-related crimes are often accused of assault
for coughing on others, especially police officers.12 Second, many indi-
viduals are issued harsh fines for violating public health legislation
that mandates physical distancing—financial penalties that can cost
upwards of roughly $1,500 in Quebec and a minimum fine of $750 in
Ontario. Third, some municipalities, such as Brampton, Ontario, have
adopted their own municipal by-laws that result in a minimum fine
of $500 and a maximum fine of $100,000: twice the maximum fine that
11. Alex Luscombe & Alexander McClelland, “Enforcement Report April 14 2020-
May 1 2020” (2020) at 1-6, online (pdf): Policing
the
Pandemic <static1.squarespace.
com/static/5e8396f40824381145ff603a/t/5eae43d69d70876a67c26421/
1588478934909/Police_the_Pandemic_Report_1May2020.pdf>.
12. Ibid at 4-5. See also Alex Luscombe & Alexander McClelland, “Searchable
Database” (2020), online: Policing the Pandemic <policingthepandemic.github.io/
table/>.
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Titel
- VULNERABLE
- Untertitel
- The Law, Policy and Ethics of COVID-19
- Autoren
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Verlag
- Ottawa Press
- Datum
- 2020
- Sprache
- englisch
- Lizenz
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Abmessungen
- 15.2 x 22.8 cm
- Seiten
- 648
- Kategorien
- Coronavirus
- International