Factum of the Intervener: Charter Committee on Poverty Issues, Pivot Legal Society and Justice for Girls in Tanudjaja v. Canada (Ontario Court of Appeal)

Abstract

The Charter Committee on Poverty Issues, Pivot Legal Society, and Justice for Girls intervened jointly in the appeal of a motion to dismiss the Application in this case. The Appellants argue that the Respondents’ laws, policies, and programs have created and sustained increasing levels of homelessness and inadequate housing in Ontario and Canada in a manner that violates life, security of the person and equality guarantees under sections 7 and 15 of the Charter. The Interveners submit that hearing and deciding the Appellants’ legal claim based on a full evidentiary record, falls squarely within the assigned role of the judiciary in Canada’s constitutional democracy. The Interveners urge the Court of Appeal to reverse the Superior Court’s decision and to allow those suffering rights violations because of homelessness and inadequate housing to obtain a full and fair hearing of their Charter claims in this case.

Keywords: Charter, 7, 15, equality, life, liberty, security, human rights, poverty, Canada, Ontario, homelessness, housing, judiciary, jurisdiction, litigation, appeal, factum