How to Turn a Beggar into a Bus Stop: Law, Traffic and the 'Function of the Place'

Abstract

A review of recent Canadian case law on the constitutionality of legal controls on begging reveals the importance of an unacknowledged view of space and behaviour that I call the traffic code. The paper endeavours to take this code seriously, unpacking its logic and scope. In particular, it explores its legal effects, noting that it deflects rights-based arguments on behalf of the public poor. Its emphasis upon space, use and behaviour appears to be not only illiberal, but curiously aliberal, operating without reference to rights. It is suggested, however, that it may in fact rely upon some deeply liberal notions of rights and space. This, perhaps, allows for a rights-based critique of the traffic code. This, and other possibilities for challenges to the traffic code, are explored in the conclusion.