Tag: Charter

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

By phrc | Published: August 1, 2004
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 [...]
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Beyond the Social and Economic Rights Debate: Substantive Equality Speaks to Poverty (2002)

By phrc | Published: August 1, 2002
An emerging issue in Canadian Charter of Rights and Freedoms1 jurisprudence is the defeat of poverty-related challenges based on their characterization as ‘social and economic’ rights claims. In a variety of cases, governments have argued, with some success in lower courts, that the Charter is a negative rights instrument—a document of civil and political rights rather than of social [...]
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