Charter Eviction: Litigating Out of House and Home

Journal of Law and Social Policy 24. (2015): 46-67

23 Pages Posted: 29 Jul 2015

See all articles by Margot E. Young

Margot E. Young

University of British Columbia (UBC) - Faculty of Law

Date Written: 2015

Abstract

The case of Tanudjaja v Attorney General (Canada) takes up the cause of housing rights under the Canadian Charter of Rights and Freedoms in a novel and complex way. The government actions and inactions cited as constitutional breaches and the broad remedial requests reflect the “pixelated” picture of housing concerns necessary to understanding Canada’s housing security crisis. In dismissing the challenge at a preliminary stage, the Ontario Superior and Appeal Courts risk rendering the Charter irrelevant to the deep social justice concerns that cross our country. More specifically, formulaic judicial invocation of concerns about positive rights and justiciability leave the most vulnerable among us constitutionally outside in the cold, particularly when the issues of justice at stake are complex.

Keywords: housing rights

Suggested Citation

Young, Margot E., Charter Eviction: Litigating Out of House and Home (2015). Journal of Law and Social Policy 24. (2015): 46-67, Available at SSRN: https://ssrn.com/abstract=2636532

Margot E. Young (Contact Author)

University of British Columbia (UBC) - Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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