Rights-based Strategies to Address Homelessness and Poverty in Ontario: The Constitutional Framework

Population Health Improvement Research Network, 2012

31 Pages Posted: 23 Jul 2014

See all articles by Martha Jackman

Martha Jackman

University of Ottawa - Common Law Section

Bruce Porter

Social Rights Advocacy Centre

Date Written: 2012

Abstract

This paper, the second in a research series, explores the extent to which a domestic constitutional framework exists for a rights-based approach to housing and anti-poverty strategies in Ontario, compatible with and informed by the international human rights law. In particular, this paper focuses on four key Canadian constitutional provisions for the protection of the right to adequate housing and to freedom from poverty in Canada: 1) the constitutional commitment to provide public services of reasonable quality to all Canadians, set out under section 36 of the Constitution Act, 1982;  2) the right to life, liberty and security of the person guaranteed under section 7 of the Charter; 3) the right to equal protection and equal benefit of the law under section 15 of the Charter; and 4) obligations on governments to balance and limit Charter rights in a manner that is reasonable and demonstrably justifiable, under section 1 of the Charter.

The research series reviews the evolution the relationship between human rights and anti-poverty and housing strategies; it considers the implications what a unified system of social rights and human rights in international human rights law means for the design and implementation of these strategies; it assesses the extent to which the new paradigm of social rights can be given domestic effect through constitutional rights in Canada and, finally, it considers what poverty reduction and housing strategies in Ontario would look like if they incorporated a rights-based approach to poverty and homelessness.

The first paper “International Human Rights and Strategies to Address Homelessness and Poverty in Ontario: Making the Connection” available on SSRN: http://ssrn.com/abstract=2469947) examines the evolution of rights-based approaches to poverty and homelessness at the international level; considers the sources, under international law, of substantive and procedural rights that are relevant to poverty reduction and housing strategies in Canada; and reviews the increasing calls for rights-based approaches in Canada and in Ontario.

Keywords: constitution, Canada, rights-based, social rights, economic, poverty, homelessness, Ontario, public services, Charter, equality, international law,

Suggested Citation

Jackman, Martha and Porter, Bruce, Rights-based Strategies to Address Homelessness and Poverty in Ontario: The Constitutional Framework (2012). Population Health Improvement Research Network, 2012, Available at SSRN: https://ssrn.com/abstract=2467682 or http://dx.doi.org/10.2139/ssrn.2467682

Martha Jackman

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Bruce Porter (Contact Author)

Social Rights Advocacy Centre ( email )

Canada

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