povertyandhumanrights.org

PHRC Intervenes to Support Homeless People

phrc — Tue, 09 Jun 2009 15:47:17 +0000

The Poverty and Human Rights Centre is intervening to to support homeless people in the Tent City Case. The appeal will be heard in the British Columbia Court of Appeal on June 10 and 11, 2009. The PHRC was granted leave to intervene on April 3, 2009, by Groberman J.A. of the BCCA. The PHRC position is set out in the factum.

PHRC Adams Factum

Victoria (City) v. Adams: Advancing the Right to Shelter

phrc — Sat, 11 Apr 2009 19:34:55 +0000

Victoria (City) v. Adams: Advancing the Right to Shelter is an important new B.C. case about social and economic rights. The issue in this case is whether a City bylaw which required homeless people to remove tents and any overhead protection, while sleeping in Cridge Park, violated their right to life, liberty and security of the person. This is a key case in the development of protections for poor and homeless people in Canada.

The new law sheet describes the issues in the case and the role that international human rights law has played. Victoria (City) v. Adams: Advancing the Right to Shelter is the latest in a series of law sheets produced by the Poverty and Human Rights Centre that are focused on the domestic enforcement of social and economic rights. The law sheets are intended to assist lawyers, front line advocates, and non-governmental organizations who rely on the human rights framework in their advocacy before tribunals and courts, to assist members of vulnerable groups.

Victoria (City) v. Adams: Advancing the Right to Shelter (PDF)

The Role of International Social and Economic Rights in the Interpretation of Domestic Law in Canada

phrc — Fri, 01 Feb 2008 19:47:37 +0000

This Law Sheet, produced by the Poverty and Human Rights Centre, is concerned with the role that international human rights law can play in the interpretation of the Canadian Charter of Rights and Freedoms and other laws in Canada. It is intended to assist lawyers in their advocacy work before courts and tribunals. It is also intended to assist non-governmental organizations who rely on the human rights framework in their work to assist members of vulnerable groups. It is specifically focused on the domestic enforcement of social and economic rights.

For the United Nations human rights treaties there are two levels of adjudication and enforcement. First, United Nations treaty bodies review the compliance of countries that have ratified the treaties and receive and adjudicate petitions or complaints under the treaty. Secondly, within Canada, courts and tribunals provide another avenue for adjudication and enforcement of Canada’s obligations under international human rights law. this Law Sheet is focused on the second level. It explores how to use international human rights law in Canadian courts and tribunals.

The Role of International Social and Economic Rights in the Interpretation of Domestic Law in Canada (PDF)

Human rights treaty implementation: The Consensus on Canada

phrc — Mon, 01 Jan 2007 23:12:45 +0000

This Law Sheet identifies overlapping areas of human rights treaty obligation in which

various international monitoring bodies have found Canada’s performance to be

unsatisfactory. The extent of the consensus regarding Canada’s non-compliance with its

human rights obligations in particular areas, that exists among the international monitoring

bodies applying different treaties, serves to highlight some of the work that Canadian

governments must attend to urgently, if Canada is to maintain its reputation as a rightsrespecting

nation.

This Law Sheet identifies overlapping areas of human rights treaty obligation in which various international monitoring bodies have found Canada’s performance to be unsatisfactory. The extent of the consensus regarding Canada’s non-compliance with its human rights obligations in particular areas, that exists among the international monitoring bodies applying different treaties, serves to highlight some of the work that Canadian governments must attend to urgently, if Canada is to maintain its reputation as a rights respecting nation.

Human rights treaty implementation: The Consensus on Canada

Human Rights Denied: Single Mothers on Social Assistance

phrc — Mon, 25 Apr 2005 22:51:23 +0000

Human Rights Denied documents the very difficult conditions in which single mothers
are raising their children in British Columbia today. It is a call for the Government of British Columbia to abandon its current policies – because they are a cruel failure.

Human Rights Denied: Single Mothers on Social Assistance

Gosselin v. Attorney General (Quebec): Autonomy with a Vengeance (2004)

phrc — Sun, 01 Aug 2004 16:22:41 +0000

In Gosselin v. Quebec (Attorney General), the first poverty case under the Canadian Charter of Rights and Freedoms to reach the Supreme Court of Canada, the Court ruled against the applicant, Louise Gosselin and the class of social assistance recipients she represented. The decision is deeply divided, and the majority decision turns on a finding that the evidence was insufficient. Therefore, as precedent, the outcome of the Gosselin case may not be particularly significant. However, the majority’s assessment of the evidence is unpersuasive. The challenged social assistance regulation embodied a negative stereotype of young men and women who are reliant on social assistance, which, sadly, the majority of the Court embraced.

The majority decision contrasts sharply with powerful dissents of other judges who found that reducing social assistance for young adults in need to a below subsistence level violated ss. 7 and 15 of the Canadian Charter as well as s. 45 of the Quebec Charter of Rights and Freedoms.

Gosselin v. Attorney General (Quebec): Autonomy with a Vengeance (2004)

Take The Welfare Time Limit Off the Books

phrc — Fri, 02 Jul 2004 19:18:16 +0000

The Government of British Columbia now says that, over the next year, only 339 people will be affected by the 24-month time limit on welfare––the rule intended to limit “employable” welfare recipients to two-years of support during any five year period.

On Friday, the Government created a new exemption––the 25th. Now those who follow their employment plans and are seeking work will be exempted from the 24-month time limit. Though this is an encouraging development, the Government still has to go the full course and remove the time limit from the books.

Take The Welfare Time Limit Off the Books

Letter to the Prime Minister Paul Martin and Premier Gordon Campbell regarding the human rights obligations of federal and provincial governments with respect to social assistance, endorsed by 137 organizations (February 2004)

phrc — Thu, 05 Feb 2004 03:43:44 +0000

A letter written to Prime Minister Paul Martin and Premier Gordon Campbell asking them to act immediately, together and separately, to ensure that legislation which imposes a twenty-four month time limit on eligibility for welfare in B.C. is rescinded before April 1, 2004, and that no similar provision is implemented in B.C. or any other province in future.

act immediately, together and separately, to ensure that

legislation which imposes a twenty-four month time limit on eligibility for welfare in

B.C. is rescinded before April 1, 2004, and that no similar provision is implemented in

B.C. or any other province in future.

Letter to the Prime Minister Paul Martin and Premier Gordon Campbell regarding the human rights obligations of federal and provincial governments with respect to social assistance, endorsed by 137 organizations (February 2004)

The Right to Social Assistance: 14 Questions and Answers (October 2003)

phrc — Wed, 01 Oct 2003 23:17:53 +0000

British Columbia is the only province in Canada to place a time limit on

welfare eligibility. From diverse perspectives, many people are concerned

about the harmful results of this harsh and unprecedented new rule. This

report is a response to numerous requests that the Poverty and Human Rights

Project has received from concerned groups and individuals for an analysis

of the human rights implications of the 24 month cut off rule.

British Columbia is the only province in Canada to place a time limit on welfare eligibility. From diverse perspectives, many people are concerned about the harmful results of this harsh and unprecedented new rule. This report is a response to numerous requests that the Poverty and Human Rights Project has received from concerned groups and individuals for an analysis of the human rights implications of the 24 month cut off rule.

The Right to Social Assistance: 14 Questions and Answers (October 2003)

Moving Forward on Women’s Equality, Brief to the Standing Committee on Finance Pre-Budget Consultation (September 2003)

phrc — Mon, 29 Sep 2003 03:50:02 +0000

The B.C. CEDAW Group submits that the federal government, when considering

spending priorities, must take into account 1) the negative impact on women of recent

cuts and changes to social programs and services made in the Province of British

The B.C. CEDAW Group’s submission to the Standing Committee on Finance, outlining that the federal government, when considering spending priorities, must take into account 1) the negative impact on women of recent cuts and changes to social programs and services made in the Province of British Columbia and 2) the domestic and international human rights law that guarantees equality to women in Canada.

Moving Forward on Women’s Equality, Brief to the Standing Committee on Finance Pre-Budget Consultation (September 2003)