Untitled Document

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










What's New In Canada: 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:

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 Supreme Court's decision on the leave application will be released at 9:45 a.m. on November 3, 2011. See:

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