The Teleology of Provincial Offences: A Cause of Social Injustice for the Homeless
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Université Saint-Paul / Saint Paul University
Abstract
Provincial regulatory laws are intended to govern public safety and welfare in Ontario and are considered minor offences. The monetary penalties imposed for contravening these laws are generally accepted as proportional to the offence. However, when monetary penalties are imposed on the homeless for activities and behaviours that are indicative of homelessness, the consequences are socially unjust. Without suitable alternatives to monetary fines, the homeless endure disproportional outcomes that cause further disadvantage, including recidivism and the perpetuation of homelessness.
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Keywords
Homeless, Regulatory laws, social injustice, Provincial offences, Martha Nussbaum, Safe Streets Act, Jonathan Wolff and Avner deShalit, Disadvantage, Emotion in Law: Disgust and fear
