Finding Common Ground: Charter Remedies and Challenges for Marginalized Persons in Public Spaces

Abstract

Whether public space is used as a site of protest, a place to erect shelter, or a place for informal work, courts are increasingly asked to provide remedies to those who want to use the space for their own purposes. This article looks to recent cases and finds that the Charter provides limited success for marginalized groups. Instead of pushing for greater positive rights however, the article argues that more flexibility and creativity should be employed when crafting remedies under section 24(1) of the Charter. Rather than focusing on whose interests should prevail, litigants should explore more consultative and imaginative remedies. In doing so, they may find durable solutions to continual disputes in public spaces.

Keywords: Charter, Remedies, public space, marginalized persons, section 24(1)