Governing Homelessness Through Land-use: A Sociolegal Study of the Toronto Shelter Zoning By-law

Abstract

In this paper, we focus on one particular effort undertaken by the city of Toronto, in the late-1990s, to address the problem of homelessness, namely, the attempt to build more homeless shelters and equitably spread them across the city. We argue that any attempts made by municipal governments to address issues of homelessness — and more broadly, matters of social justice — are bound to run into serious roadblocks, so much so that even the most compassionate and well- intended efforts to provide a temporary roof over the heads of those who find themselves without shelter, are likely to be thwarted, significantly delayed or deviate drastically from their original intentions on the one hand, or at the other extreme, fail miserably. When municipalities attempt to address issues such as homelessness, and matters of social justice more generally, these issues are often funnelled into the awkward machinery of zoning law, one of the few legal fields within municipal jurisdiction. Zoning law governs uses and spaces, not persons. This basic legal fact is shown to have an important effect on the outcome of political conflicts, and this problem is exacerbated when a hot-button issue such as where to locate shelters is opened up for public input and consultation. This case study thus suggests the importance of closely studying the specifics of the legal architecture within which municipal politics are waged.