Factum of the Charter Committee on Poverty Issues: Gosselin v Québec (Procureur Général) (Supreme Court of Canada)

Abstract

The Charter Committee on Poverty Issues (CCPI) submits that sections 7 (the right to life, liberty and security of the person) and section 15 (the right to equality) of the Canadian Charter of Rights and Freedoms impose positive obligations on governments to address the most basic needs of disadvantaged Canadians. Since the advent of the Charter, the circumstances of people in poverty have worsened and homelessness has greatly increased. For Canada's poorest citizens to benefit equally from Charter protections, such deprivations must fall within the scope of sections 7 and 15. The court is a competent and appropriate forum for adjudicating this case. It possesses both the institutional competence and legitimacy to scrutinize government inaction, adjudicate the presented evidence, and impose positive obligations if a Charter right is violated. Here, the court is not being asked to second guess policy questions, but to protect fundamental rights in accordance with Charter and international human rights principles.

Keywords: Charter, Canada, Poverty, section 7, equality, positive, obligations, basic needs, assistance, life, liberty, security, Supreme Court, economic, right, international, covenant, law, social assistance, employment