Promoting and claiming social and economic rights through an inclusive human rights practice

What's New

In Canada:

Expert affidavits served in Right to Housing Charter Challenge

Leave to Appeal to Supreme Court Filed in Right of Undocumented Migrants to Healthcare Case

Shocking decision finding healthcare necessary for life can be denied on the basis of immigration status subject of concern by United Nations Body. Leave to appeal filed.

Applicant's Memorandum Letter from Office of the UN High Commissioner on Human Rights Challenge to Refusal to Waive Fees for Poor People heard by Federal Court of Appeal 

Access to Justice for Those Living in Poverty

Federal Court of Appeal Finds Minister Must Consider Request for Fee Waiver in Toussaint Case but Rejects Important Constitutional Claims: Leave to Appeal to SCC Filed 

 Toussaint v. Minister of Citizenship and

CCPI Memorandum of Fact and Law FCA Federal Court of Appeal Decision CCPI Affidavit in Support of Application for Leave to the Supreme Court of Canada Application for Leave to Appeal to the Supreme Court of Canada

No Right to Life or Healthcare for Undocumented Migrants in Canada?

A Leave Application has been filed with the Supreme Court of Canada, appealing the Federal Court of Appeal’s Shocking Ruling That Denying Healthcare Necessary to the Protection of Life and Security of Undocumented Migrants in Canada Violates the Right to Life but is nevertheless in Accordance with Principles of Fundamental Justice

Application for Leave to Appeal to Supreme Court Filed

Applicant's Memorandum Letter from Office of the UN High Commissioner on Human Rights

Federal Court of Appeal Decision Toussaint v. Canada (Attorney General) 2011 FCA 213 The Appellants' Memorandum of Fact and Law See the undisputed evidence of International Expert on

Migration and Health,Affidavit of Manuel Carballo  that the Court chose to completely ignore

Housing and Homelessness Strategy and Human Rights

Amendments Rejected to Ontario's Bill 140. See the key right to housing amendments that were proposed by CERA and SRAC and moved by Cheri DiNovo. See the Letter from Miloon Kothari the previous UN Special Rapporteur on Adequate Housing in support of the amendments. See SRAC Written Presentation and Bruce Porter oral presentation Background Submissions Outcome of Vote

A National Housing Strategy Based on the Right to Adequate Housing

Bill C-304 model housing strategy legislation was at parliament for third reading with support of the Liberals, NDP and BQ after new Quebec provision added. This important Bill will be reintroduced in Parliament by NDP Housing Critic Marie-Claude Morin in February 2012. Stay tuned!

Charter Challenge to Homelessness Filed

A coalition of NGO's, advocates and people who have been homeless has commenced an historic legal challenge to the failure of Governments of Canada and Ontario to adopt effective housing and homelessness strategies, recognizing housing as a right Historic Charter Challenge to Homelessness and Violations of the Right to Adequate Housing  See the Notice of Application

Advanced Costs for Public Interest Litigants

Supreme Court of Canada releases Decision on Advanced Costs Awards to Public Interest Litigants

Internationally:

Optional Protocol to the International Covenant on Economic, Social and Cultural

Article on the Reasonableness Standard under the OP-ICESCR

The Reasonableness Of Article 8(4) – Adjudicating Claims From The Margins,' Nordic Journal of Human Rights (NJHR), Vol. 27, No.1:2009.

Justice Now: Ratify to Protect All Human Rights

Current Count: 39 Signatories, 7 Ratifications: (Argentina, Bolivia, Bosnia and Herzegovina, Ecuador, El Salvador, Mongolia,  Spain,) for the OP-ICESCR.  Only 3 more for the OP-ICESCR to come into force.

See the list of Signatories and Ratifications of the Optional Protocol to the ICESCR

Toolkit for Action for the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

Book 1

Book 2

Book 3

Book 4

SRAC Works with Others to Organize Conference to Develop Strategic Litigation of ESCR under the OP-ICESCR. October 12-13, 2010: Workshop- Strategic Litigation Initiative in Support of the OP-ICESCR

See the Background Paper on Strategic Litigation under the OP-ICESCR

Symposium on Enforcement of ESCR Remedies Bogota, Columbia May 6 – 7, 2010,

Bruce Porter, Working Paper In Defense of Soft Remedies (Sometimes): Enforcing Principled Remedies to Systemic Social Rights Claims in Canada Oral Presentations on Enforcement of ESCR Remedies

New Publications

Bruce Porter & Martha Jackman, International Human Rights and Strategies to Address Homelessness and Poverty in Canada: Making the Connection, Working Paper, (Huntsville, ON: Social Rights Advocacy Centre, September 2011).

Bruce Porter, The Reasonableness Of Article 8(4) – Adjudicating Claims From The Margins,' Nordic Journal of Human Rights (NJHR), Vol. 27, No.1:2009.

See further publications:

 

The Social Rights Advocacy Centre

The Social Rights Advocacy Centre is a registered Not-for-Profit Corporation. We are not, however, a registered charity under the Income Tax Act of Canada, so we cannot issue a charitable tax receipt to Canadian donors. Please feel free to designate a particular area of work to which you would like your donation to be applied.

2) PURPOSE of THE SOCIAL RIGHTS ADVOCACY CENTRE

To relieve poverty and improve access of low income persons and other disadvantaged groups to adequate food, clothing, housing, education, healthcare and other requirements of dignity, equality and security through research and education, and by providing legal advocacy and representation to disadvantaged individuals and groups in the area of social rights.

3) OBJECTS

i) To provide low income persons and other disadvantaged groups with counselling, advice, assistance and representation to assist them to access adequate food, clothing, housing, education, healthcare and other components of dignity, equality and security through the promotion, protection and enforcement of human rights in Canada and internationally; and

ii) To conduct research and provide education, through lectures, presentations, articles or books, into how low income persons and other disadvantaged constituencies may achieve improved access to adequate food, clothing, housing, healthcare, education and other requirements of dignity, equality and security through the protection and enforcement of human rights;

iii) To relieve poverty and improve the access of low income persons and other disadvantaged groups to adequate food, clothing, housing, education, healthcare and other requirements of dignity, equality and security through the promotion, protection and enforcement of human rights in Canada and internationally;

iv) to cooperate with other organizations, whether incorporated or not, which have objects similar in whole or in part to the objects of the corporation;

v) To solicit, receive and hold grants, donations, gifts, legacies and bequests, and to expend the same in furtherance of the objects of the corporation;

vi) To engage in fundraising to assist in achieving the objects of the corporation.