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Wednesday, March 10, 2010
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Nature of the Case

Constitutional challenge to a city bylaw prohibiting temporary overhead shelters in public parks constructed by homeless people as violating the right to life, liberty and security of the person (under section 7 of the Canadian Charter of Rights and Freedoms) in circumstances where there is a lack of sufficient alternative shelter; Justiciability of right to adequate housing; Positive and negative rights; Use of international human rights law and summary records to interpret domestic constitutional rights.

Enforcement of the Decision and Outcomes

Following the decision of the British Columbia Supreme Court, the City of Victoria added approximately eighty new shelter beds and implemented a new policy on temporary shelters that was consistent with the Court’s ruling, which allowed tents to be erected from 7pm to 7am. Advocates are concerned, however, at the minimalist nature of the remedy in this case, and have mobilized in support of federal legislation to protect the right to adequate housing.  A constitutional challenge by homeless people is being developed to demand an effective national strategy to implement the right to adequate housing and to eliminate homelessness within a reasonable period of time.

Significance of the Case

This case is the first in Canada to recognize the right to adequate housing as a component of the right to life, liberty and security of the person in the Canadian Charter of Rights and Freedoms.  The use of international human rights law and government pleadings before the CESCR is a model for integrating international and domestic advocacy and jurisprudence. Moreover, the Court of Appeal’s remedy is an innovative means of promoting positive measures within a more traditional “negative rights” framework.   Advocates are concerned, however, that this case involves only minimal entitlements to shelter rather than remedies that are consistent with Canada’s obligations under international human rights law.

Groups Involved in the Case

Poverty and Human Rights Centre, http://povertyandhumanrights.org/ British Columbia Civil Liberties Association, http://www.bccla.org/ Groups Involved in Follow Up Litigation and Law Reform Pivotl Legal Society, http://www.pivotlegal.org/ Social Rights Advocacy Centre, http://www.socialrights.ca Centre for Equality Rights in Accommodation, http://www.equalityrights.org/cera/ Advocacy Centre for Tenants in Ontario, http://www.acto.ca/

Ruling