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

9 Pages Posted: 20 Jun 2012

See all articles by Sarah M. Buhler

Sarah M. Buhler

University of Saskatchewan - College of Law

Date Written: June 20, 2009

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.

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

Suggested Citation

Buhler, Sarah M., Cardboard Boxes and Invisible Fences: Homelessness and Public Space in City of Victoria v. Adams (June 20, 2009). Windsor Yearbook of Access to Justice, Vol. 27, No. 1, 2009, Available at SSRN: https://ssrn.com/abstract=2088220

Sarah M. Buhler (Contact Author)

University of Saskatchewan - College of Law ( email )

Saskatoon, Saskatchewan
Canada

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
76
Abstract Views
535
Rank
567,904
PlumX Metrics