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  • 7 - Homelessness, Public Property, and the State’s Fiduciary Duties

  • Terry Skolnik, University of Ottawa
  • Book:
    Homelessness, Liberty and Property
    Published online:
    14 November 2024
    Print publication:
    21 November 2024, pp 123-146

  • Summary

    This chapter discusses the State’s three fiduciary duties related to homelessness and public property. Its opening parts describe why the State and individuals are in a fiduciary relationship and why the State has an overarching fiduciary duty to counteract domination. It then discusses other fiduciary relationships that arise in public law contexts. It then explains how the State has three fiduciary duties, all of which seek to minimize domination. More specifically, the State has fiduciary duties to: (1) end homelessness and secure access to housing, (2) maintain public property’s shared value, and (3) legitimize laws that regulate public space. It elucidates the relationship between these three duties.