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2 - Homelessness and the Constitution

Published online by Cambridge University Press:  14 November 2024

Terry Skolnik
Terry Skolnik
Affiliation:
University of Ottawa
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Summary

This chapter explores the principal constitutional challenges to laws that regulate unhoused persons and public property. Municipal ordinances have been challenged on the grounds that they are unconstitutionally vague or overbroad, impose cruel and unusual punishments, violate the right to travel, or infringe the right to equality. This chapter discusses the successes and shortfalls of these challenges. Its concluding parts discuss how U.S. and Canadian courts have rejected a positive right to housing.

Keywords

Homelessnessconstitutionconstitutional rightsvoid for vaguenesscruel and unusual punishmentequal protectionoverbreadthCanadian Charter
Type
Chapter
Information
Homelessness, Liberty and Property , pp. 40 - 61
Publisher: Cambridge University Press
Print publication year: 2024

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