Cemeteries as critical social infrastructure: A comparative legal geography

Spatial shortages are jeopardizing the sustainability of cemeteries in urban communities, and to date, few studies have looked at this issue from a comparative lens. Examining cemetery law and policy in Toronto, Ontario, Canada and Sydney, New South Wales, Australia, this paper looks at how these jurisdictions are ignoring or addressing this issue and whether there are opportunities for learning. Using the lens of critical social infrastructure and the novel hybrid methodology of comparative legal geography, the research details the legal frameworks concerning cemeteries in order to understand the roots of the issue and examines whether spatial shortages have prompted government intervention. Although both jurisdictions rely on divergent planning approaches and only one, New South Wales, frames cemeteries within the lens of critical social infrastructure, our findings reveal that the provisioning of cemeteries and the costs of interment have made death an equity issue across urban communities. • The urgency to address spatial shortages relates to whether cemeteries are valued as critical infrastructure. • The regulatory relationships established in 19th Century legislation continue to impact cemetery sustainability. • Unaffordability means the scale of the problem spreads and becomes costly for governments both locally and regionally. • Political resistance to change is a clear obstacle for minority faith communities in the establishment of new cemeteries.