Research Paper Number
67/2014
Document Type
Article
Publication Date
2014
Keywords
Noise complaints; cultural capital; critical legal theory; live music; private property
Abstract
I examine the tension between and the treatment of the elements of cultural capital within dynamic mixed-use spaces, and posit that Canada's current noise control and noise pollution legislation, by-laws, and case law demonstrate a hierarchical protection framework placing greater importance on the "quiet enjoyment of private property" over live music culture, where performances are often the subject of noise complaints. While the elements of cultural capital valued by those who favour the value of quiet enjoyment of private property is well represented throughout legislation, by-laws, and case law, the elements of cultural capital valued by those who favour the value of live music venues and events is comparatively unaddressed.
Recommended Citation
Ross, Sara, "Causing a Racket: Unpacking the Elements of Cultural Capital in an Assessment of Urban Noise Control, Live Music, and the Quiet Enjoyment of Private Property" (2014). Osgoode Legal Studies Research Paper Series. 15.
https://digitalcommons.osgoode.yorku.ca/olsrps/15
View the research paper on SSRN here.