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

What's New

In Canada:

CCPI and CWP file Motion to intervene at Supreme Court on Discrimination because of Social Condition.


SRAC Brd Member Leilani Farha appointed Special Rapporteur on Adequate Housing


8 interveners file submissions in Charter Challenge to Inaction on Homelessnes

Factum of Charter Committee

Factum of AI & ESCR-Net

Come to the hearing at Ontario Court of Appeal May 26-28th.


Migrants' Access to Healthcare (IFHP): Petition Filed at the UN Human Rights Committee

Nell Toussaint v Canada HRC No 2348-2014


New Book co-edited by Martha Jackman and Bruce Porter

Advancing Social Rights in Canada


Social Rights in South Africa and Canada

A Conversation with SCC Justice Zak Yacoob.


Supreme Court Denies Leave in Challenge to Refusal to Waive Fees for Poor People

Toussaint v. Minister of Citizenship and Immigration

Application for Leave to Appeal to the Supreme Court of Canada


Rights-Based National Housing and Anti-Poverty strategies

Bill C-400 model housing strategy legislation defeated by the Conservative majority.

Designing and Implementing Rights-Based Strategies to Address Poverty and Homelessness in Ontario

Strategies to Address Homelessness and Poverty in Canada: the Constitutional Framework

 International Human Rights and Strategies to Address Homelessness and Poverty in Canada: Making the Connection


In Ontario

Check out

Social Rights Ontario

Amendments Rejected to Ontario's Bill 140. See the key right to housing amendments 

Letter from Miloon Kothari

SRAC Written Presentation and Oral Presentation


International

Celebrate the First Anniversary

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

Justice Now: Ratify to Protect All Human Rights

First anniversary of OP-ICESCR coming into Force

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

Toolkit for Action for the OP-ICESR

Book 1 Book 2 Book 3 Book 4

Advancing Strategic Litigation of ESCR under the OP-ICESCR. Read More on Strategic Litigation Initiative

Advancing ESC rights in Mongolia and China

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

Enforcement of ESCR Remedies

Bruce Porter Oral Presentations on Enforcement of ESCR Remedies


New Publications

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

 

Bruce Porter & Leilani Farha, “Reaffirming Canada’s Commitments to Human Rights”, Poverty and Parliament (Spring 2009).

From the Archives

Bruce Porter, Human Rights and the Right to Housing in Housing - A Right, a publication to coincide with an exhibition at the Power Plant Gallery on homelessness and the right to housing. Now Magazine, Toronto, 1989.

See Further publications

Litigation Support: Poverty as Ground of Discrimination and Access to Justice:

Toussaint v. Minister of Citizenship and Immigration

Challenge to Refusal to Waive Fees for Poor People Applying for Humanitarian and Compassionate Consideration:

Bulletin: Supreme Court of Canada to Decide Application for Leave to Appeal on November 3, 2011

SRAC supported the Charter Committee on Poverty Issues and several rights claimants in an historic challenge to the refusal of the Federal Government to provide for a waiver of fees for Humanitarian and Compassionate Applications for Permanent Residency under the Immigration Act for those who live in poverty.

Justice Snider of the Federal Court, dismissed the applications, finding two of the applications moot, and dismissing the application of Nell Toussaint, finding that poverty is not a prohibited ground of discrimination under the Charter.  This decision was then appealed to the Federal Court of Appeal, where CCPI was again granted intervenor standing. 

At the Federal Court of Appeal, Nell Toussaint won the right to consideration of fee waiver request under section 25 of the Immigration and Refugee Protection Act in place at the time. Unfortunately, this decision will be of little use to claimants under the current IRPA, which has been amended by the Harper Government, in response to this litigation, to preclude fee waiver under section 25 of the Act. The Federal Court of Appeal proceeded to consider CCPI's constitutional and Charter arguments and to our dismay upheld the erroneous findings of Snider J. in the court below. Nell Toussaint was fighting for the vindication of her rights and those of others in her situation, not for a pyrrhic victory of permission to seek a fee waiver for herself, when the Court found against all of her claims to constitutional protection from discrimination and guarantees of access to justice in accordance with the rule of law. She has, to her immense credit, sought leave to appeal the decision to the Supreme Court of Canada in order to seek justice for others living in poverty and denied access to justice.. CCPI filed an affidavit in support of her application.

The leave application was dismissed by a panel of Justices LeBel, Abella and Cromwell on March 5, 2012.

 

The Petition to the United Nations Human Rights Committee (2013-ongoing)

Executive Summary of the Petition

Petition: Nell Toussaint v Canada HRC No 2348-2014

Canada's Response on Admissibility

 

Application for Leave to Appeal to the Supreme Court of Canada

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

Respondent's Memorandum on Application for Leave to SCC

Applicant's Reply on Application for Leave to SCC

 

Appeal to the Federal Court of Appeal

Toussaint v. Canada (Citizenship and Immigration) FCA File No. A-408-09     

CCPI Memorandum of Argument for Application to Intervene FCA

Department of Justice Response

CCPI Response

Decision to Grant CCPI Intervenor Status

CCPI Memorandum of Fact and Law FCA

Federal Court of Appeal Decision

 

Federal Court (FC 873)

CCPI Memorandum of Argument for Application to Intervene

Decision on Intervention Application

CCPI Memorandum of Argument

Applicants' Expert Evidence

Gunther v. Canada (Citizenship and Immigration) (2009 FC 875)

Krena v. Canada (Citizenship and Immigration) (2009 FC 874)

Toussaint v. Canada (Citizenship and Immigration) (2009 FC 873)