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Recent and Upcoming
Bill C-304
at parliament for third
reading.
Historic Charter Challenge to Homelessness and Violations of the
Right to Adequate Housing in Canada Filed
See
the Notice of Application
Challenge to Refusal to
Waive Fees for Poor People Appealed to Federal Court of
Appeal
CCPI Memorandum of Fact and Law
FCA
Justice Zinn
of Federal Court of Canada finds that denial of healthcare to undocumented
migrants violates right to life, liberty and security of the person
but is not inconsistent with principles of fundamental
justice. See decision in Toussaint
v. AG (Canada) 2010 FC Canada 810.
and
Applicant's
Request for Reconsideration challenging mischaracterization of
Discrimination Allegation
Considerations of
the International NGO Coalition for an OP- ICESCR in relation to the
OP-ICESCR and its Rules of Procedure
Bruce
Porter, Working Paper Presented in Bogota, Columbia, May 6,
201
In Defense of Soft
Remedies (Sometimes): Enforcing Principled Remedies to Systemic
Social Rights Claims in Canada
Oral
Presentations on Enforcement of ESCR Remedies
Mongolia Joines Ecuador -
Ratifies the Optional Protocol to the ICESCR
at the UN - YAY
Canada hasn't even signed
it!
Optional Protocol to the
International Covenant on Economic, Social and
Cultural
adopted by the UN General
Assembly December 10, 2008
Justice Now: Ratify to
Protect All Human Rights
Bruce Porter, The Reasonableness Of Article 8(4) – Adjudicating Claims From
The Margins,’ Nordic Journal of Human Rights (NJHR), Vol. 27, No.1:2009.
OP-ICESCR Coalition
Submits Paper on Rules of Procedure to the CESCR in Geneva
Considerations
of the International NGO Coalition for an OP- ICESCR in relation to
the OP-ICESCR and its Rules of Procedure .
Universal Periodic Review:
Canada's failure to aduately protect social rights is a central
concern
Canada Submits Response to
the UPR
: Disappointing, but includes a
commitment to better respond to UN concerns and to
better ensure the right to aduate housing
New
Publications
Special Edition of Nordic
Journal on Human Rights on the Optional Protocol
Public Education Materials
Standing Up for Your Social and Economic
Rights
English
French
The Right to Adequate Housing
English
French
The Right to an Adequate Standard of
Living
English
French
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The Social Rights Advocacy
Centre:
SRAC's
Purpose
to relieve poverty and
improve access to adequate food, clothing, housing, education,
healthcare and other requirements of dignity, equality and
security of low income persons and other disadvantaged groups
through:
Current Activities
Litigation
Support
Historic
Challenge to Homelessness in Canada:
Tanudjaja et al v. Ontario and Canada
Claiming the Right
to Healthcare in Canada: Toussaint v. Canada
Access to Justice
for Immigrants living in Poverty
Access to Justice: Advanced Costs Awards
Law Reform
Bill C-304 - Unprecedented legislation to protect
the right to adequate housing in Canada
International Education and
Advocacy
Optional Protocol
to the International Covenant on Economic, Social and Cultural
Rights - Rules of Procedure, Strategic Ligation
Public Education
Universal Periodic Review
Judicial and
Legal Education
Expert Evidence in Recent Cases
1. Litigation
Support
Historic Charter Challenge to
Homelessness and Violations of the Right to Adequate Housing in
Canada Filed
See the Notice of Application
SRAC has been providing extensive legal
research and evidentiary support for an historic challenge to
homelessness and violations of the right to acdequate housing in
Canada. The challenge was filed in Ontario Superior Court on
April 26, 2010 by claimants Jennifer Tanudjaja, Janice Arsenault,
Ansar Mahmood, Brian Dubourdieu, and the Centre For Equality
Rights In Accommodation (CERA). A broad coalition of
individuals and organizations are working on the case, including
ACTO, CERA, the Dream Team, Sistering, the June Callwood Centre,
the Toronto Disaster Relief Committee, and laywers Fay Faraday,
Leilani Farha (CERA), Tracy Heffernan (ACTO) and Peter
Rosenthal.
The case is unique, particularly because of the nature of what is
challenged and the remedy that is sought. The claim
does not challenge a particular legislative provision
or government action but rather the government's failure to
develop and implement a national housing strategy, such as would
be implemented under Bill C-304
Some media reports have misunderstood the claim
as being
about forcing the government to provide public housing, but the
problem of homelessness is not solely or even primarily an issue
of housing supply in Canada. What is needed is a
coherent strategy including not only social housing but also
income supports, rent supplements for those unable to afford
housing, and supports for people with disabilities to live in the
community.
Media on
Homelessness Challenge
Interview with Leilani Farha of CERA on CBC As
it Happens
(click on Part 3)
CBC Interview with Peter Rosenthal
Video of Press Conference
Toronto Star Article
Globe and Mail Article
Windsor Star Article
Rabble.ca article
Charter Challenge: The Right to
Healthcare in Canada
Historic
challenge based on sections 7 and 15 of the Charter and
international human rights law, launched by Nell Toussaint to the
denial of healthcare to many undocumented immigrants in
Canada. See the
Memorandum of Argument and
Affidavit of Manuel Carballo Executive Director of the
International Centre for Migration, Health and Development (ICMHD)
in Geneva.
The case
was argued by Raj Anand, Andrew Dekany and Angus Grant on March
23, 2010 before Justice Russel Zinn of the Federal Court.
The decision is reserved. See the
article in the Toronto Star .
Justice Zinn of Federal Court of Canada has
ruled that denial of healthcare to undocumented migrants violates
right to life, liberty and security of the person but is not
inconsistent with principles of fundamental justice. See
decision in Toussaint v. AG (Canada) 2010 FC Canada
810.
The applicant has filed a Motion for
Reconsideration of Justice Zinn's reasons with respect to the
allegation of discrimination, arguing that the allegation of
discrimination was mischaracterized. See the Applicant's Request for Reconsideration challenging
mischaracterization of Discrimination
Allegation
Access to
Justice for Immigrants Living in
Poverty
see case update, memoranda of
argument and other documents:
SRAC co-ordinates the
Charter Committee on Poverty
Issues which has actively promoted social and economic
rights in Canada and internationally for two decades,
intervening in more than a dozen cases at the
Supreme Court of Canada
.
See the CCPI Memorandum filed June 29,
2010.
CCPI
Memorandum of Fact and Law FCA
Access to Justice - Advance
Costs Awards
CCPI has joined in coalition with three other Equality
Seeking Groups (LEAF, CCD, PHRC) to intervene at the Supreme Court
of Canada in the case of Alberta v. Caron SCC
File No. 33092. The case
concerns the discretion of the Courts to award
advance costs to claimants who would otherwise be unable to
litigate their public interest claims. The decision of the Supreme
Court will have significant implications for access to justice for
disadvantaged and marginalized groups. See Interveners Motion Record and see the Factum of CCD, CCPI, LEAF and PHRC in
Caron
2.Law Reform
Bill
C-304
On December 10, 2009 the Standing
Committee on Human Resources, Skills and Social
Development and the Status of Persons with Disabilities
adopted a series of
significant amendments to Bill C-304. SRAC and CERA worked
with Gerard Kennedy, MP and Libby Davies, MP (sponsor of this
private member's bill) to make this a model piece of
legislation to implement the right to adequate housing in
Canada through a national housing strategy. Subsequent to
the prorogation of parliament, the Bill C-304 has been re-adopted,
including all of the amendments, and has been reported to
parliament.
View a copy of the
Bill as reported to parliament:
Secure, Adequate,
Accessible and Affordable Housing Act
The Act includes a strong commitment to the right
to adequate housing as guaranteed under international human rights
law and commits to developing:
•
targets and timelines for the elimination of homelessness
•
a process for the independent review, addressing and
reporting of complaints about possible violations of the right to
adequate housing;
•
a process for review and follow-up on any concerns or
recommendations from United Nations human rights bodies with
respect to the right to adequate housing;
•
a key role for civil society organizations, including those
representing groups in need of housing, and Aboriginal communities
in designing the
delivery, monitoring and evaluation of programs
required to implement
the right to adequate housing;
•
provision of financial assistance to those who cannot
otherwise afford housing.
Ruling on Admissibility of the Quebec
Opt Out Provision
The
Conservatives challenged the admissibility Quebec provision of the
Bill C-304, added as an amendment at the HUMA Committee, as
contrary to the principle and purpose of the bill and the speaker
ruled the amendment inadmissible on the basis that because the
bill does not provide any funding, an amendment stating that
Quebec may opt out and receive funding without conditions is
beyond the scope of the Bill.
Read the submissions of Conservatives, Bloc and
NDP on admissibility
.
Read the Speaker's Ruling on Admissibility of the Opt
Out Provision
What this means is that
while advocates, the NDP and the Liberals were prepared to support
the Bloc's amendment, the speaker has ruled that an opt out now
is unecessary and makes no sense. The Bill only
requires the Federal Minister to INVITE Quebec and other provinces
to participate in the development of a joint strategy.
Quebec does not need an opt out - they can decide whether and
how to participate under the Bill as it stands. It will
be a tragic loss, and an act of political gamesmanship at the
expense of homeless people in Quebec and Canada if the Bloc
defeats this bill over the speaker's ruling that an opt-out that
was meaningless and unecessary.
3.International
Education and Advocacy
Optional Protocol to the International Covenant
on Economic, Social and Cultural Rights
Read
about SRAC's involvement in the successful compaign at the United
Nations for the historic adoption of an optional complaints
mechanism for economic, social and cultural rights, and
the NGO
Coalition for an Optional Protocol to the International Covenant
on Economic, Social and Cultural Rights (ICESCR)
,
the ESCR-Net Caselaw Database
, and international legal education on social rights.
Considerations of
the International NGO Coalition for an OP- ICESCR in relation to the
OP-ICESCR and its Rules of Procedure
Bruce
Porter, Working Paper Presented in Bogota, Columbia, May 6,
201 In Defense of Soft
Remedies (Sometimes): Enforcing Principled Remedies to Systemic
Social Rights Claims in Canada
Ecuador Ratifies the Optional Protocol to the ICESCR
at the UN
Optional Protocol to the
International Covenant on Economic, Social and
Cultural
adopted by the UN General
Assembly December 10, 2008
Justice Now: Ratify to
Protect All Human Rights
Bruce Porter, The Reasonableness Of Article 8(4) – Adjudicating Claims From
The Margins,’ Nordic Journal of Human Rights (NJHR), Vol. 27, No.1:2009.
4. Public Education
SRAC conducts extensive human rights public
education in Canada and around the world. In collaboration with the
Centre for Equality Rights in Accommodation and an NGO Steering Committee SRAC
co-ordinated Canadian NGOs in the process leading up to the Universal Periodic Review
of Canada.
Judicial and Legal Education in Canada
SRAC provides expert evidence in key cases,
most recently on poverty as an analogous ground of discrimination
in
Boulter
v. Nova Scotia Power Incorporation, 2009 NSCA
17
Unfortunately denied leave at the Supreme Court of
Canada on September 10th to the Supreme Court of Canada
and
in
Gunther et al v. Canada (MCI); Krena et
al v. Canada (MCI) Toussaint v. Canada
(MCI) (under
appeal to the FCA)
Also provided evidence on discrimination against persons
with disabilities, poor people and people relying on social
assistance in a challenge to a bylaw designed to prevent members
of these groups from settling in the Cedar Hill neighbourhood of
Kitchener.
Advocacy Centre For Tenants Ontario v. City of
Kitchener and the Regional Municipality of Waterloo (Ontario
Municipal Board PL050611)
SRAC is a member of the Court Challenges
Program of Canada and does extensive research and public education
on equality rights in Canada. See Bruce Porter, 'Expectations of Equality' (2006)
33 Supreme Court Law Review 23.
Promotes the proper
interpretation and application of human rights
legislation to protect social rights. See
Submission to the Ontario
Human Rights Commission on the Right to Adequate Housing and
the Human Rights Code
... and In Other Countries
SRAC is involved in promoting social rights in many
other countries. In recent months SRAC Executive Director
was in Northern Ireland, providing a keynote address on proposals
for
a new Bill of Rights for Northern Ireland, and in
Beijing, at a workshop organized by Office of the UN High
Commissioner on Human Rights and the Chinese Academy of Social
Sciences for
Judges, advocates and legal scholars in China
on the justiciability of Economic, Social and Cultural
Rights also available in
Chinese.
Research: The Social Rights
Accountability Project
SRAC is a partner in a Social Science and
Humanities Research Council, Community University Research
Alliance five year research project into social rights
accountability in Canada (www.srap.ca
), involving researching and promoting new
mechanisms for holding governments accountable to social rights in the international, domestic
and judicial arenas. Bruce Porter, the Director of SRAC
is the Co-Director of the Project.
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