Cardboard Boxes and Invisible Fences: Homelessness and Public Space in City of Victoria v. Adams

Abstract:     
This article analyzes the decision of the British Columbia Supreme Court in City of Victoria v. Adams. Specifically, the paper considers three interlocking themes that emerge from the decision: (1) the nature of "public space" in the context of homelessness; (2) the autonomy of homeless individuals; and (3) the meaning and value of the "homeless body". By drawing on insights from critical legal studies theory and feminist theory, the paper explores how Adams subverts certain normative perspectives about public space and homelessness. However, the paper goes on to argue that in its conflation of "cardboard box" shelters with the "invisible fences" envisioned by Justice Wilson in Morgentaler, Adams present an ambiguous victory for anti-poverty advocates.

Number of Pages in PDF File: 9

Keywords: Public space, homelessness, section 7 of the Canadian Charter of Rights and Freedoms

Accepted Paper Series