http://www.oaith.ca/assets/files/Homelessness%20Report%202013.pdf

The State of Homelessness in Canada 2013

The expansion of the US carceral state has been accompanied by the emergence of what we call the ‘shadow carceral state’. Operating beyond the confines of criminal law and justice institutions, the shadow carceral state expands penal power through institutional annexation and legal hybridity, including: (1) increased civil and administrative pathways to incarceration; (2) the creation of civil ‘alternatives’ to invalidated criminal statutes; and (3) the incorporation of criminal law into administrative legal processes in ways that enhance state carceral power. Although legal doctrine deems civil and administration sanctions to be ‘not-punishment’, we call for a broad understanding of penal power and the carceral state.

Mapping the shadow carceral state: Toward an institutionally capacious approach to punishment

Drug use, risk and urban order: examining supervised injection sites (SISs) as 'governmentality'

We use this article to argue for greater recognition of legally imposed spatial exclusion—banishment—as a (re)emerging and consequential social control practice. Although the new social control techniques that entail banishment are buttressed by a blend of civil, administrative, and criminal law, they are best understood as punitive in nature. This argument is supported by two empirical findings. First, interviews with the banished indicate that spatial exclusion often has significant negative consequences akin to those identified by Sykes (1958) in his seminal account of the pains of imprisonment. Second, court data show that the growing use of civil and administrative banishment has increased the number of criminal cases involving allegations of noncompliance. These findings suggest that analysts of punishment might usefully broaden their focus to include phenomena that combine civil, criminal, and legal authority, and are not defined as punishment by their advocates.

/pdf/penal-boundaries-banishment-and-the-expansion-of-punishment-c3fko8elf2.pdf

Penal Boundaries: Banishment and the Expansion of Punishment

Education rights, education policies and inequality in South Africa

Research project highlighting the adequacy of the Ontario's welfare system for abused women. Key Findings: 1. Benefit levels are wholly inadequate to meet real costs of rent, food, accommodation, transportation and other living expenses; 2. Women are staying in or returning to abusive relationships because of inadequate welfare rates; 3. Women are not supported in their desire and efforts to become employed; 4. Women are required to pursue child support in situations that put their safety at risk; 5. Abusive partners use the threat of welfare fraud charges to control and intimidate women; 6. Critical information about benefits, rules and entitlements are not disclosed to women; 7. The vague, complex definitions of 'spouse' and 'same-sex partner' make women wary of forming new relationships; 8. Women find their experiences on welfare to be similar to their experiences of abuse; Key Recommendations: 1. Raise rates to meet true costs; 2. Stop the national child benefit supplement clawback; 3. Provide meaningful training and supports for employment, including assistance for education; 4. Redesign support obligation policies; 5. Revamp fraud policies and practices; 6. Provide accurate, complete information; 7. Change worker attitudes towards recipients.

/pdf/walking-on-eggshells-abused-women-s-experiences-of-ontario-s-3mtcykctlk.pdf

Walking on Eggshells: Abused Women's Experiences of Ontario's Welfare System

https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1160&context=reports

Welfare Fraud: The Constitution of Social Assistance as Crime

The COVID-19 pandemic has co-existed alongside a far less visible "shadow pandemic" of violence against women, with COVID-19 impacting the number and complexity of domestic violence cases and enabling new tactics for coercive control This article provides a preliminary assessment of the extent to which Canada's responses to the COVID-19 pandemic have prioritized the safety of women and children, with a focus on the courts and women's access to justice We examine court directives and judicial decisions triaging which cases would be heard as "urgent," as well as courts' decisions on the merits in cases involving domestic violence and COVID-19, spanning the areas of family, child welfare, criminal law, and civil protection orders In the sixty-seven reported decisions in our sample, we find very little awareness overall of the heightened risks for survivors during COVID-19, in keeping with the pre-pandemic tendency of decision makers to focus on incident-based physical violence instead of patterns of coercive control Our analysis also suggests that survivors' ability to prove domestic violence and secure court orders that would help to ensure their safety was hampered not only by procedural complexity but also by the reduced availability of a range of services-health, counselling, housing, and supervised access centres, for example-as a result of COVID-19 The cases further reveal significant differences in judicial interpretation of the risks of COVID-19 relative to the risks of domestic violence, often depending on the area of law in question This again aligns with observations of the judicial treatment of domestic violence prior to the COVID-19 pandemic, with different and sometimes conflicting norms and assumptions prevailing in different legal contexts We conclude that despite some positive government responses and judicial decisions, COVID-19 has further exposed many of the gaps in knowledge about domestic violence and in the supports and resources necessary to make women and children safe that long pre-dated COVID-19 In addressing the ongoing pandemic of violence against women, we offer some suggestions of measures to improve access to justice during this and future disasters

/pdf/covid-19-the-shadow-pandemic-and-access-to-justice-for-1exklyuraf.pdf

COVID-19, the Shadow Pandemic, and Access to Justice for Survivors of Domestic Violence

Access to justice is often equated with access to institutionalized dispute resolution processes, and the objective barriers that hinder such access - costs and delay most particularly - are commonly identified as the primary objects of reform efforts. In sharp contrast, when interviews and focus groups were conducted with racialized youths in Toronto regarding their experiences of access to justice in the context of school disciplinary matters, accounts of access to dispute resolution processes being impeded by costs and delay did not figure prominently. The interviews and focus groups revealed that many racialized youths scarcely ever considered accessing institutionalized dispute resolution processes largely because they lacked information that would enable them to “name” a potential legal problem, believed that “blaming” a powerful state actor was futile or would provoke retaliation, and had a deep skepticism regarding the ability of the legal system to dispense justice when “claims” are made. For the youths, understanding (as opposed to stereotyping), mutual respect, second chances, and the rule of law were the key features of access to justice.

Lessons in Access to Justice: Racialized Youths and Ontario’s Safe Schools

Access to justice is often equated with access to institutionalized dispute resolution processes, and the objective barriers that hinder such access-costs and delay most particularly-are commonly identified as the primary objects of reform efforts. In sharp contrast, when interviews and focus groups were conducted with racialized youths in Toronto regarding their experiences of access to justice in the context of school disciplinary matters, accounts of access to dispute resolution processes being impeded by costs and delay did not figure prominently. The interviews and focus groups revealed that many racialized youths scarcely ever considered accessing institutionalized dispute resolution processes largely because they lacked information that would enable them to "name" a potential legal problem, believed that "blaming" a powerful state actor was futile or would provoke retaliation, and had a deep skepticism regarding the ability of the legal system to dispense justice when "claims" are made. For the youths, understanding (as opposed to stereotyping), mutual respect, second chances, and the rule of law were the key features of access to justice.

/pdf/lessons-in-access-to-justice-racialized-youths-in-ontario-s-20okdiryeo.pdf

Lessons in Access to Justice: Racialized Youths in Ontario's Safe Schools

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