Litigation Support

SRAC provides research and evidentiary support to test case litigation promoting economic and social rights in Canada and elsewhere.

SRAC provides administrative support and co-ordinates the work of the Charter Committee on Poverty Issues which has intervened in more than a dozen cases at the Supreme Court of Canada.

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

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

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 inToussaint 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 theApplicant's Request for Reconsideration challenging mischaracterization of Discrimination Allegation

Right to Health: Intervention in Chaoulli v. Quebec

SRAC coordinated CCPI's joint intervention with the Canadian Health Coalition at the Supreme Court of Canada on the right to health under international human rights law as it impacts on the interpretation of the Canadian Charter of Rights and Freedoms in the Chaoulli case. (See the CCPI/CHC factum).

CCPI/CHC were the only interveners permitted to make oral argument in defence of an inclusive approach to the right to health.  International human rights require the EQUAL enjoyment of the right to heatlh, including for those who are poor and for whom private healthcare insurance would provide no alternative.

See

Bruce Porter, " A Right to Healthcare only if You Can Pay for it " (2005) 6 ESR Review.

Martha Jackman, "The Last Line of Defence for [Which?] Citizens" : Accountability, Equality and the Right to Health in Chaoulli(2006) 44 Osgoode Hall L.J. , 349-75. 

Access to Justice

Charter Challenge to Waive Fees for Humanitarian and Compassionate Review for Undocumented Immigrants Living in Poverty

see case update, memoranda of argument and other documents:

Toussaint v. Canada: Challenge to Refusal to Waive Fees for Poor People Applying for Humanitarian and Compassionate Review

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

Charter Claim to 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 caseconcerns 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

Trade and Investment and Human Rights:

Historic Challenge to Trade and Investment Agrement (NAFTA) fpr failing to Protect Human Rights: Charter Committee on Poverty Isses Challenge to NAFTA

CCPI applealed for leave to the Supreme Court of Canada in achallenge to the failure of NAFTA to adequately protect fundamental human rights guaranteed by the Canadian Charter of Rights and Freedoms.  Leave was Denied. 

This is a case which needs to be argued again. The Charter challenge was found to be premature by the Ontario Court of Appeal and was not adequately considered. 

CCPI argued that it is unconstitutional to delegate the adjudication of significant public policy issues linked to the protection of human rights to trade and investment arbitral panel, without ensuring that fundamental human rights will be given parmaountcy as required under domestic law.

Expert Evidence Provided in Social Rights and Test Case Litigation

Expert evidence was provided in the following recent cases:

· Denise Boulter et al. v Nova Scotia Poer Inc.., et al. ( NSUARB-P-886(3)) [access to utilities for the poor] 

· Keyvan Rasekhi Nejad, Malihe Shali, Komeil Rasekhi Nejad A Minor Under the Age of 18 Years by his Litigation Guardian Keyvan Rasekhi Nejad, And Soheil Rasekhi Nejad a Minor Under the Age Of 18 Years by his Litigation Guardian Keyvan Rasekhi Nejad v. Thomas Volpe and The General Accident Assurance Company Of Canada (Ontario Superior Court Of Justice Div. Ct. File No. 328/03) [access to justice for poor] 

· Andrew Graham et al. v. Ontario (Attorney General) et al Ontario Superior Court of Justice File No. 02-CV-232667CM3 [access to social assistance]

· Dale Broomer et al v. Ontario (Attorney General) et al , Ontario Superior Court of Justice (Divisional Court) File No.: 420/0 [Charter challenge to lifetime ban from social assistance] 

· Ontario Municipal Board File No. R030064, OMB Decision No. 0569 (May 15, 2004) [challenge to zoning restrictions on shelters for homeless persons] 

· R. v. Clarke, [2003] O.J. No. 3883 (Ferrier, J.) [Court found that discriminatory attitudes about poor people are analogous to racial prejudice and constitute grounds for challenge for cause in jury selection] 

· Ontario Ministry of Public Safety and Security, Office of the Chief Coroner, Inquest Into the death of Kimberly Ann Rogers, (Verdict of the Jury released 19 December, 2002) [inquest into death of pregnant woman banned from receipt of public assistance upon conviction for fraud for attending university without disclosure, recommending increased social assistance rates and revoking of lifetime ban on receipt of assistance after conviction for welfare fraud]