Does challenging measures that criminalize homelessness work?

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Transcription:

Youth Homelessness In Canada Does challenging measures that criminalize homelessness work? Stephen Gaetz Canadian Observatory on Homelessness Melanie Redman National Learning Community on Youth Homelessness Paris, June 18l 2015

Part 1 Defining the Criminalization of Homelessness

Criminalization of Homelessness 1) Enactment of new laws and statutes that are intended to curtail or restrict the activities of people who are homeless. 2) Disproportionate and discriminatory enforcement of existing laws and ordinances. 3) Manipulation of the physical environment to restrict its usage by people who are homeless.

Criminalization of Homelessness 4) Increased surveillance and policing of public and semi-public spaces by police and private security. 5) Increased incarceration of people who are homeless. 6) Discharging prisoners into homelessness.

Part 2 The making of a problem

1 STIGMA Youth Poverty Homelessness

2 The Canadian Response to Homelessness Prevention Emergency Response Housing and Supports makes homelessness a visible problem

The EMERGENCY RESPONSE: Homeless emergency shelters Drop-ins and soup kitchens Specialized programs (health, employment)

The EMERGENCY RESPONSE: Criminalization of homelessness The OUTCOME of Get Tough on Crime : a revolving door between the courts, prison and homelessness.

3 A New Moral Panic: Street Youth become a Problem in the late 90s Growing homelessness Concerns about youth Street youth money making Squeegeeing a new phenomenon

Moral Panics

Toronto Sun, July 22, 1998

Social Profiling Housing Status as an Extra-Legal Factor The social profiling of homeless persons refers to a range of actions undertaken for safety, security or public protection, or in response to public fear, that relies on stereotypes about the danger and criminality of people who are homeless and their uses of public space (for money making, sleeping or resting), rather than on a reasonable suspicion, to be singled out for greater scrutiny or differential treatment.

Part 3 The OUTCOME of criminalizing youth homelessness

RESEARCH on the criminalization of youth homelessness

RESEARCH methodology Community Engaged Scholarship with Justice for Children and Youth (Street Youth Legal Services (SYLS)) Structured Interviews and Self-Report Surveys with 240 Street youth Access Police Statistics on ticketing Qualitative Observations

Key Findings: Street youth receive a great deal of attention from police. 78% report some kind of encounter Majority of these encounters negative 60% report a stop and search in past year Police issue a large number of tickets to homeless youth. 33% report receiving at least one ticket 16.5% received more than one Most tickets for drinking in public or loitering

Positive or neutral encounters with police 25% As a victim of crime (at least once) 13.6% When police stopped to help (at least once)

Ontario Safe Streets Act

Since SSA implemented, incidences of panhandling and squeegeeing have declined dramatically. Our Research (youth): 1999 29% of street youth report panhandling and squeegeeing as main source of income 2009 3% report panhandling and squeegeeing as main source of income City of Toronto research (youth and adults): 2005 17.4% use panhandling as a source of income 2009 9.7% use panhandling as a source of income

Yet SSA citations increase dramatically 18000 SSA Counts - 2000-2010 16000 15324 14000 12000 12354 13023 10000 10032 8000 6000 6187 4000 2000 0 3646 2607 1558 1165 710 782 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Safe Streets Act tickets issued - 2000-2010

COST of the Safe Streets Act

COST of the Safe Streets Act Toronto: 2000-2010 Number of tickets issued: 67,388 Minimum value: $4,043,280 Cost of issuing: $936,019

Outcomes of encounters with police Lots of Tickets Debt Greater likelihood of incarceration Alienation from police Trauma

Attitudes about police

Encounters with police are experienced as harassment. The problem with the criminalization of homelessness is that it s not resolving the roots of homelessness but causing more problems for young people who are homeless. There are so many other social services that could be provided; so many other legal problems to resolve like family and housing issues. I get so bogged down in the tickets and in the heavy policing, that we sometimes don t get to work through the deeper legal problems of their homelessness. The harm that youth are feeling when they get involved with police, it is devastating for them. (Johanna Macdonald, Lawyer, Street Youth Legal Services, JFCY, Toronto)

Part 4 RESPONDING to criminalizing youth homelessness

1 Individual Advocacy

Advocacy Street Youth Legal Services is a program of JFCY Outreach based Education workshops for young people and agency staff re: legal issues and rights Individual consultations Representation and advocacy Community Development Resource development Research Law reform Coalition work

1 Limitations of Individual Advocacy Not all young people have access Expensive (lawyers, court time) Doesn t mitigate other consequences (trauma, social exclusion) Its reactive. Doesn t address causes

2 Advocating for the repeal of the Safe Streets Act

Mobilize Research

Supreme Court challenge

Coalition Building

Media Strategy

Access Decision Makers

Limitations 1 Lack of private space means homeless people will continue to be in position of breaking laws in public spaces The continued visibility of homelessness keeps public pressure on the use of law enforcement Eliminating specific laws does not necessarily stop police from using other measures

3 Making police allies

Limitations 1 Lack of private space means homeless people will continue to be in position of breaking laws in public spaces The continued visibility of homelessness keeps public pressure on the use of law enforcement Cannot guarantee police fairness or participation

4 Ending youth homelessness

The challenge 1 In allowing youth homelessness to continue: We force young people to inhabit public spaces Extreme poverty leads many young people to break the law The visibility of homelessness is a problem for some individuals and organizations The OUTCOME: urther stigmatization of homeless youth ontinued pressure to use law enforcement as a solution

1 What if We instead focus on preventing, reducing and ending youth homelessness

Working Together to End Youth Homelessness in Canada

Key National Partners

OUR GOAL: Cultivating a national coalition of stakeholders across sectors to mobilize for systems alignment/integration & policy change Youth Homelessness on agenda of decision makers Youth Homelessness on public agenda Working to align interested funders with our national vision to Prevent, Reduce & End youth homelessness

Community Mobilization Programs Partnership & Collaboration Key Constellations of Activity Government Relations Working Together to End Youth Homelessness in Canada Community of practice Public Awareness Youth Voice Research

Planning Support

Implementation Support Sustainability planning Communications strategy Change management Funder alignment Evaluation

HELP!?! Technical Support

Questions or comments?