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
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 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 the
Applicant'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).
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:
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 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
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 a challenge
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]
