Document Type

Thesis

Degree Name

Master of Arts (MA)

Department

Criminology

Faculty/School

Faculty of Arts

First Advisor

Dr. Erin Dej

Advisor Role

Supervisor

Second Advisor

Dr. Carrie Sanders

Advisor Role

Second Reader

Abstract

Homelessness in Canada remains a wicked social problem that often intersects with compounding forms of marginalization. The criminalization of homelessness and living life in the public sphere explain, in part, why this population is likely to interact with the criminal justice system. Following the onset of the pandemic, the courts were forced to modernize and embrace digital technologies to maintain operations. Now four years since these changes, there are no signs of turning back and the court system is continuing forward with a hybrid model. Despite this, there is minimal research on the impact of virtual court proceedings on people experiencing homelessness. This thesis fills the gap in the scholarship through an analysis of virtual court proceedings to identify barriers and facilitators to accessing justice for unhoused people. Building on 18 interviews with professionals who assist unhoused clients navigate court, I argue that the court system, both in-person and virtual, has never worked for this population. While virtual court and hybrid proceedings have the ability to improve accessibility, structural inequities experienced by unhoused people often require workarounds from service providers to make this system work. These accessibility challenges are overshadowed by the court’s efforts to enforce outdated hierarchical symbols of power and notions of legitimacy in a virtual setting. Further, I argue that the spatial and temporal realities of people experiencing homelessness conflict with the structure of court. As a result, there are a number of barriers this population must overcome in order to meaningfully participate in court. The findings of this research emphasize a need to address systemic forms of marginalization before justice can truly be achieved.

Convocation Year

2024

Convocation Season

Fall

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