povertyandhumanrights.org » homelessness

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

phrc — Mon, 30 May 2011 16:32:55 +0000

Victoria (City) v. Adams is an important B.C. case about social and economic rights. The issue in this case was 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.

After a loss in the British Columbia Supreme Court, the City appealed to the British Columbia Court of Appeal. The Poverty and Human Rights Center was granted status to intervene. The Centre filed a factum and made oral submissions arguing for an interpretation of s. 7 of the Charter as including a right to adequate housing, consistent with international law norms. The Court of Appeal agreed with the lower court that an absolute prohibition on the erection of a temporary overnight shelter violates the Charter. To view the Court of Appeal decision, follow the link provided below.

Victoria (City) v. Adams: Advancing the Right to Shelter is one 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. This law sheet describes the issues in the Adams case and the role of international human rights law in the decision.

To view the British Columbia Court of Appeal decision follow this link: British Columbia Court of Appeal: Adams v. Victoria (City)

To view PHRC’s factum click here: PHRC Adams Factum

To view the Law Sheet click here: Victoria (City) v. Adams: Advancing the Right to Shelter (PDF)

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

Who’s in contempt over the Woodward’s squat? (November 2002)

phrc — Fri, 01 Nov 2002 01:02:06 +0000

the BC Housing Corporation dropped proceedings against

the 54 Woodwards squatters charged in October with contempt of court for occupying a

publicly-owned and vacant building. The Corporation seems to have realized that

continuing the contempt proceedings against the “Woodwards 54” would have increased

the public’s sympathy for the protesters, and further underlined the contempt that the

provincial government is guilty of––its contempt for the rights of people who need

homes.

The BC Housing Corporation dropped proceedings against the 54 Woodwards squatters charged in October with contempt of court for occupying a publicly-owned and vacant building. The Corporation seems to have realized that continuing the contempt proceedings against the “Woodwards 54” would have increased the public’s sympathy for the protesters, and further underlined the contempt that the provincial government is guilty of––its contempt for the rights of people who need homes.

Who’s in Contempt Over the Woodward’s Squat? (Nov 2002)