
Tent encampments are a visual reminder of homelessness. They are hard for us to look at. Some see the people living there are failures. Others don’t want to look because it’s a hint of what might happen to them. And still others are troubled by the laws and regulations that allow homelessness to happen. Some of us see encampments as places of crime and some of us see them as places of hope. With this range of views, municipal decisions to clear encampments on public lands are contentious.
The article linked to this post brings a legal lens to the controversy about encampments in Canada. The authors describe the legal framework that govern encampments. The article also reviews court decisions, where the laws are interpreted. For example, the authors identify that municipalities have invoked trespassing as a justification for clearing encampments. It’s interesting to learn that municipal land ownership is not the same a private land ownership. This was a ruling by the Supreme Court of Canada in 1932!
In 1932, Canada was still governed by the British North America Act. Today, Canada has a Constitution and a Charter of Rights and Freedoms. As well, Canada has joined with other countries in ratifying international agreements governing human rights. The article lays out the responsibilities of municipal governments in the context of current legislation and case law.
Although this article is intended for Canadian readers, the case law could be relevant in any country with a common law tradition.
The article is posted by UBC: Human Rights Cities: Realizing the Right to Housing at the Municipal Scale