Encampments and shelters are not solutions to homelessness, but we are a far cry from having affordable homes for all
The Canadian flag flies near a tent encampment in Marilyn Bell Park, located along Toronto’s waterfront on Feb 20.
When governments act to tackle homelessness and related public disorder, with policies that range from laissez-faire to aggressively intolerant, they invariably end up being challenged in court.. The small Oregon town prohibited camping on sidewalks, in parks, alleyways and other public spaces. People who did so faced fines ranging from US$75 to US$295, and failure to pay could result in jail.
But in a minority dissenting opinion, Justice Sonia Sotomayor said that putting the interests of cities over individuals was “unconscionable and unconstitutional.” She also warned that the ruling would open the door to criminalizing homelessness and cause a “destabilizing cascade of harm.” People living in encampments constitute a tiny fraction of that number. But they are the most visible and the most challenging to address from both a political and social-policy perspective.
That fundamental approach has been repeated time and time again in various rulings during the last decade. In Canada, legal and human rights cases have often focused on providing more services to homeless “campers,” such as bathrooms and electricity, rather than preventing “cruel and unusual” treatment, as in the United States.
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