General
Canadian Caselaw Resources
The
Canadian Justice System - from Justice
Canada
Canadian
Caselaw Links - from the Law Library at Dalhousie
University
- incl. federal and provincial-territorial judgements and decisions,
legislation, etc.
Canadian
Caselaw at CanLII - from CanLII
Canadian
Caselaw from LEXUM
(Faculty of Law, University of Montreal)
Discretionary
Justice and Social Welfare - "an information and research resource"
"This
site is an initiative of the Discretionary Justice and Social Welfare Working
Group, sponsored by the University of Toronto, Faculty of Law."
- incl.
links to : Case Law - Litigation Materials - Statutes and Regulations - "Guidelines"
and Other Forms of Soft Law - Papers, Presentations, and Reports - Course Outlines,
Bibliographies, and Related Material - Related Links
Source:
University
of Toronto Law School
Poverty
and Human Rights Centre (Canada, International, United Nations, etc.)
Centre
Directors: Gwen Brodsky, Shelagh Day
(formerly the Poverty and Human Rights
Project)
"The Poverty and Human Rights Centre is committed to eradicating
poverty and promoting social and economic equality through human rights.
The
Library is a searchable database of materials related
to social and economic rights. It includes texts of relevant international human
rights treaties, Canadian and other laws, court decisions, legal briefs, and articles.
To use the library, go to buttons at the top of the page (topics, documents,
resources).
Factum Library What's new
The Factum Library section contains factums, pleadings and other litigation
documents from selected Canadian human rights cases. The materials are organized
by case name, articles, and date."
- incl. links to : Recently added
links - Contact Us - About the Centre - Centre Publications
Canadian
Charter of Rights Decisions Digest
- incl. links
to : Contents | Interpretation | Waiver | Criminal Code | Statutes | Cases
This
is a must-read for anyone interested in the Canadian Charter of Rights, for the
connoisseurs and the curious alike --- includes an overview of each section of
the Charter with commentaries (by Graham Garton, Q.C., Department of Justice,
Ottawa) plus a large section of Charter decisions (with links to the actual text
wherever possible).
Here are the links to two of
the most relevant sections for poverty law in Canada:
Section
7 - Life, liberty and security of person
"Everyone has the right
to life, liberty and security of the person and the right not to be deprived thereof
except in accordance with the principles of fundamental justice."
Section
15 - Equality
Section
15(1) - Equality before and under law and equal protection and benefit of law
"15.(1)
Every individual is equal before and under the law and has the right to the equal
protection and equal benefit of the law without discrimination and, in particular,
without discrimination based on race, national or ethnic origin, colour, religion,
sex, age or mental or physical disability."
Section
15(2) - Affirmative action programs
"15.(2) Subsection (1) does
not preclude any law, program or activity that has as its object the amelioration
of conditions of disadvantaged individuals or groups including those that are
disadvantaged because of race, national or ethnic origin, colour, religion, sex,
age or mental or physical disability."
Source:
CanLII
- Canadian Legal Information Institute
Justice
Canada
Human
rights in 20th Century Canada - A Historical Perspective
"...key
court cases and laws that have shaped human rights in our country since 1900."
The
site is divided into 4 distinct periods: 1900-1924 /// 1925-1949 ///
1950-1974 /// 1975-2000.
You can navigate the site via one of these
time portals or by subject.
Subjects include : Human Rights - Women's Rights
- Minority Rights - Aboriginal Rights - Persons with Disabilities - Freedom of
Expression - Freedom of Religion - Voting Rights - Criminal Law - International
- Charter - Justice Department's History - Ministers
Women's
Rights in Canada since 1900
Aboriginal
Rights in Canada since 1900
Rights
of Persons with Disabilities in Canada since 1900
Charter
of Rights and Freedoms (Full text from the Dept. of Justice)
Canadian Human Rights
Act (Full text from the Dept. of Justice)
The
Canadian Charter of Rights and Freedoms - Fact Sheet
May 16, 2003
-
short (3 pages if printed) overview of the Charter, includes historical info and
an interpretation of the Charter, e.g., the rights and freedoms protected under
the umbrella of the Charter
Source : Justice
Canada Newsroom
Publications
- links to 30+ Justice Canada reports, from A place for all: A Guide to Creating
an Inclusive Workplace to the Universal Declaration of Human Rights
(Dec. 10, 1948)
Related Link:
Quick
Guide to the Canadian Charter of Rights and Freedoms
Overview of the
Charter, plus almost three dozen links to Canadian and international human rights
bodies and legislation
Source : Centre
for Research and Information on Canada
Canadian
Bar Association (CBA)
Legal
aid: make the case
October 2003
"Inadequate legal aid funding
is taking its toll on lawyers who do legal aid work, on opposing counsel who have
to contend with unrepresented parties, on judges who struggle to provide a fair
trial, on the justice system, and, of course, on the many members of the public
who are denied access to justice."
Source:
EPIIgram
(Newsletter of the Emerging Professional Issues Initiative)
"The Emerging
Professional Issues Initiative is designed to assist lawyers to deal with economic
and social trends that have an impact on the practice of law. The objective is
to help keep lawyers in business and to ensure that the legal profession remains
a good business to be in."
Related CBA report:
Making
the Case: The Right to Publicly-Funded Legal Representation in Canada
(PDF file - 2.1MB, 201 pages)
February 2002
20th
Anniversary of the Equality Clause
- incl links
to : Home | Welcome | About the Coalition | Discussion
Papers | Quotes | Press Releases | Supreme
Court of Canada Section 15 Cases | Media Coverage | Relevant Links | Contact
Us | français
"April 17, 2005, marks the 20th anniversary of the
entry into force of section 15 of the Canadian Charter of Rights and Freedoms,
which guaranteed the right of Canadians to equality. The Charter itself came into
force in 1982. The three-year delay of section 15 allowed federal, provincial
and territorial governments time to bring their legislation into line with its
provisions."
[Excerpt from the Welcome
page]
----------------------------------------------------------------
Caselaw
related to the justiciability of social and economic rights in Canada
(Word file - 62K, 3 pages)
- list of Canadian cases that address social and
economic rights --- includes links to specific cases
Source:
Centre
for Equality Rights in Accommodation
Selected
Cases
Federal
Court denies retroactive Quebec claim for $394 million
under the Canada Assistance
Plan
June 6, 2008
From 1966-67 until 1996 when it was replaced by the
Health and Social Transfer, the Canada Assistance Plan (CAP) was the statutory
framework for federal government contributions (50% of eligible expenditures)
towards the cost of social assistance (welfare) and social services in the provinces
and territories. [See the
CAP Resources page of this site for more detail.]. From 1996 to 2000, the
federal government settled all of its outstanding accounts with each jurisdiction,
except for Quebec, which filed a court action for close to $400 million against
the federal government. This amount represented the total of federal cost-sharing
that Quebec officials felt they were entitled to receive under CAP but never did.
CAP officials maintained all along that the program did not allow for cost-sharing
of services and initiatives that were already receiving federal support under
another program (such as Education) or that were universal in nature.
Upon
review, the Court concluded (June 6, 2008) that Canada was not obliged under the
terms of CAP to share the cost of the specified expenses.
Source:
English
summary (PDF - 16K, 1 paragraph)
*
The services for which Quebec was seeking cost-sharing were:
1.
Services provided to juvenile delinquents in Quebec between 1979 and 1984
---
a period during which juvenile delinquents were housed in the same institutions
as children in care of the Quebec government
2.
Social services provided in a school environment between 1973 and 1996
---
from the time Quebec transferred this budget item to the Ministère des
Affaires sociales in 1973 until the end of CAP
3.
Support services provided to people with disabilities living in a residential
establishment
--- from the time this type of establishment appeared in
the health and social services network until the end of CAP
T-2834-96
Decision
IN THE MATTER OF QUEBEC vs. CANADA (French only)
(PDF - 908K, 226 pages)
(this is Federal Court, so I'm sure they'll soon be
posting an English version of this decision. Click the Federal Court source link
below to see if the English version is online.)
Summary
(PDF - 16K, 1 paragraph)
Annex
A Canada Assistance Plan Statute (PDF - 4.2MB, 17 pages)
Annex
B Canada Assistance Plan Regulations (PDF - 4.9MB, 16 pages)
NOTE:
Annexes A and B are enormous PDF files containing the Canada Assistance Plan (statute)
and Regulations in side-by-side French-English format.
If you just wish to
read the CAP statute and regulations in English in HTML format, see:
Canada
Assistance Plan
Canada
Assistance Plan Regulations
Source:
Federal
Court
The Federal Court's jurisdiction - its scope of authority to hear
and decide issues - extends across the federal landscape, and it includes claims
involving the Federal Crown.
[ About
Federal Court ]
The
National Child Benefit Supplement Clawback
Hands
Off! Stop Taking Our Baby Bonus!
A campaign to stop the clawback of the National
Child Benefit Supplement (NCBS)
"The Hands off! Campaign asks
the Provincial and the Federal government to do 2 things:
* End the clawback
of the National Child Benefit Supplement from families on social assistance, now!
* Fund the reinvestment programs that work for low-income families out of other
provincial and federal revenues.
- includes links to : Take Action | Send an
e-Card | Lobby MPP / MP | Endorse Campaign | Links | Income Security Advocacy
Centre | Contact Us
NCBS
Clawback Court Challenge
In December 2004, a legal challenge to the
clawback was filed in the Ontario Superior Court of Justice by the Income Security
Advocacy Centre, the Centre for Equality Rights in Accommodation (CERA)and the
Charter Committee on Poverty Issues.
Source:
Income
Security Advocacy Centre
Centre
for Equality Rights in Accommodation
Charter
Committee on Poverty Issues
-------------------------------------------------------------------------------------------------------
Reports
confirm that the National Child Benefit contributes to reducing child poverty
August
4, 2005
"OTTAWA — Federal, Provincial and Territorial Ministers Responsible
for Social Services today affirmed that the National Child Benefit contributes
to reducing child poverty in Canada1. This is supported by an analysis they released
today titled Impact of the National Child Benefit on the Incomes of Families
with Children: A Simulation Analysis. It is also supported by two recently
released reports: National Child Benefit Progress Report: 2003 released
on April 6, 2005 and Evaluation of the National Child Benefit Initiative:
Synthesis Report released on June 6, 2005. (...) Technical evaluation
reports are available upon request from Social Development Canada."
Complete
report + annexes:
Impact
of the National Child Benefit on the Incomes of Families with Children: A Simulation
Analysis
Annex 1: Impact
of the National Child Benefit on the Incomes of Families with Children: Using
Post-Tax Low-Income Measure (LIM)
Annex 2: Impact
of the National Child Benefit on the Incomes of Families with Children: Using
Market Basket Measure
Related
links to government content:
National
Child Benefit Progress Report: 2003 - April 2005
Evaluation
of the National Child Benefit Initiative: Synthesis Report - February
2005
Source:
The
National Child Benefit Website
[Federal-Provincial-Territorial Ministers
Responsible for Social Services]
-------------------------------------------------------------------------------------------------------
No
child deserves to be poor
By CAROL GOAR
March
11, 2005
Life was supposed to get better for Canada's poorest children when
the federal government introduced its national child benefit supplement seven
years ago.
For approximately half the 1 million kids living below the poverty
line, it did. The other half got nothing.
The difference: their parents' source
of income.
(...)
This week, a coalition of child welfare organizations,
faith groups, women's shelters, legal aid clinics, unions and municipalities launched
a public appeal to the Ontario government to treat all low-income children equally.
The campaign is called Hands Off! It is designed to convince Dalton McGuinty that
it is wrong to snatch money out of the pockets of parents who can't afford groceries,
decent housing or school supplies."
Source:
The
Toronto Star
-------------------------------------------------------------------------------------------------------
Related
Links:
A
Short History of the Child Benefit System
By Richard Shillington
Source:
Tristat
Resources
Challenge
to the Clawback of the
National Child Benefit Supplement -
OPICCO
December 10, 2004
"Today the Income Security Advocacy Centre
(ISAC), the Centre for Equality Rights in Accommodation (CERA) and the Charter
Committee on Poverty Issues (CCPI), have formally launched a legal challenge to
the clawback of the National Child Benefit Supplement from families on social
assistance. The Applicants are three single parents who have been struggling on
OW or ODSP to make ends meet, without the benefit of the NCBS. They live in Timmins,
Port Colborne and Toronto. Counsel for this application are Kate Stephenson from
WeirFoulds and Cynthia Wilkey from ISAC. Both the Federal Government and the Province
of Ontario will be served today with an Application under Rule 14 claiming that
the Federal/Provincial/Territorial Agreement to claw back the NCBS and the Regulations
that implement the clawback in Ontario violate both s.7 and s.15 of the Charter."
Press
Release (Word doc., size 88 kb)
Backgrounder
(Word doc., size 31 kb)
Source:
Ontario
Project for Inter-Clinic Community Organizing (OPICCO)
Editorial
comment:
This legal challenge is
a matter of principle for these Ontario-based social justice groups. They contend
that the reduction of social assistance rates by an amount equal to the NCB Supplement
is unfair, and that it discriminates against families with children in receipt
of welfare in Ontario and (because the case involves the federal government) everywhere
else in Canada.
I wholeheartedly support
any effort to improve the financial well-being of needy families with children
in Ontario and everywhere else in Canada. However, I also support adequate welfare
levels for *childless* individuals and couples receiving social assistance, and
I hope that, in the event of a legal victory, any resulting court-ordered increases
to welfare levels for families with children would not be to the detriment of
clients without kids.
I agree that
NCB reinvestment funds should not come from the cheques of families with children
receiving social assistance in Ontario or anywhere else in Canada. But I do support
most of the progressive initiatives that were put in place as reinvestments since
the National Child Benefit initiative started in 1998.
See the list
of NCB reinvestments (from the 2002
National Child Benefit Annual Progress Report)
I do hope that, at the end
of the day, there will still be sufficient funding for these reinvestments...
Kelly
Lesiuk
Plain
Talk - Summer 2003 Issue
August 2003
Newsletter of the Income Security
Advocacy Centre (ISAC)
Contents:
1. Looking for justice
in all the wrong places (ref. to the Kelly Lesiuk case)
2. Low Income
People Hit Hardest By Blackout
3. ISAC Persuades Premier To Declare ODSP Offices
An Essential Service
4. Ontario Needs a Raise!
5. An Ontario Child Benefit?
6. Regional Updates
7. The "Lifetime Ban" Goes to Court
8.
ISAC AGM Notice
Source: Income
Security Advocacy Centre
Attorney
General of Canada v. Kelly Lesiuk - from the Income Security Advocacy
Centre (ISAC)
ISAC overview of the Lesiuk case
Resources:
-
ISAC's factum for the Lesiuk case
- the Umpire's Decision (March 2001)
-
the Federal Court Decision (January 8, 2003)
- Few
Benefits for Part-Time Work (ISAC op ed article [short .RTF file] on the
Lesiuk case published in the Toronto Star on July 31, 2003)
Source : Income
Security Advocacy Centre (ISAC)
Supreme
Court won't hear challenge to EI system:
Decision allows 'fundamental injustice'
against women to continue
Posted July 21, 2003
"The Supreme
Court of Canada has declined to hear the case of a former Manitoba nurse who says
the Employment Insurance system discriminates against women."
Source :
National Union of Public and General Employees
Alberta
woman's case against EI rejected
July 17,
2003
"Ottawa — An Alberta nurse who argues that Canada's Employment
Insurance program discriminates against mothers who don't work full-time lost
her bid Thursday to have the case heard by the Supreme Court of Canada. Kelly
Lesiuk sought leave to appeal after the Federal Court of Appeal ruled the unemployment-insurance
system did not discriminate against her."
Source : The
Globe and Mail
Related Links:
Supreme
Court of Canada Judgements
[NOTE: I can't find a transcript of the
Lesiuk decision. Go to this page and use the search engine to find "Kelly
Lesiuk" or look for a July 17, 2003 release.]
Umpire's
Decision (November 1998)
Appeal to an Umpire by the Claimant from a
Decision by the Board of Referees given on November 19, 1998 at Winnipeg, Manitoba
Federal
Court of Appeal Decision (January 2003)
- Heard at Edmonton, Alberta,
on November 19 and 20, 2002.
Judgment delivered at Ottawa, Ontario, on January
8, 2003
Google
Web SearchResults: "kelly lesiuk"
Source:
Google.ca
Kimberly
Rogers
Justice
with Dignity : Remember Kimberly Rogers
Coroner's
inquest in Sudbury (Ontario) into the death of Kimberly Rogers in August 2001,
after being convicted of welfare fraud in the spring of that year for not declaring
student loans she received while collecting social assistance.
Kimberly
Rogers Inquest Alerts (index)
- index organized by day of the inquest
Source
: DAWN DisAbled Women's Network - Ontario
Government
fails Kimberly Rogers again:
Three years after her death while under house
arrest, Queen's Park is still ignoring the bulk of the jury recommendations
August
3, 2004
Article by Jane Smith (a juror in the Kimberly Rogers inquest)
and Jacquie Chic (Director of Advocacy and Legal Services at the Income
Security Advocacy Centre, which represented two groups at the inquest).
Source:
The
Toronto Star
Related Link:
Justice
with Dignity : Remember Kimberly Rogers
A coroner's inquest was
held, starting in October 2002 in Sudbury into the death of Kimberly Rogers on
August 11 (2001), after being convicted of welfare fraud in the spring of that
year for not declaring student loans she received while collecting social assistance.
The Justice with Dignity website is where you'll find the most complete and current
collection of information about this inquiry.
Source:
DisAbled
Women's Network - Ontario
Ban
the Ban!
(Followup to the decision in the Kimberly Rogers case)
"105
people to date are subject to the lifetime ban [National Post figures]. That number
will continue to grow as the government said they do not intend to change the
law. We have to change their mind. The most immediate thing we can do is to send
many letters to the editor and call radio shows to say that the jury that heard
8 weeks of evidence, and the Sudbury police department, got it right--the ban
is not only morally wrong but also a threat to public safety.
We will then
start a campaign to enlist many more allies such as public health departments,
municipalities (again), etc. in pushing for change. But we need their to be some
broader public attention to this issue. This next few days right after this story
came out is the best time to do that. As busy as everyone is with work and personal
lives in this holiday season, please take the time to fire off a quick letter
to your local paper or call a radio station."
Thanks,
Nancy Vander
Plaats
Ontario Social Safety NetWork
(OSSN) Related Links: CBC
News report : "...unless Ontario ends its harsh, zero-tolerance
approach to welfare fraud more people may die, a coroner's jury recommended Thursday.
But the provincial government immediately rejected the recommendation, saying
its policy of imposing lifetime bans on benefits to discourage welfare cheats
is working." Letters
to the Editor - contact info for Toronto Star - Globe and Mail - Northern
Life - National Post - Ottawa Citizen
- also includes text suggestions for
you to use in your letter if you want to have your say but aren't sure of the
right words... DAWN
DisAbled Women's Network - Ontario - Near the top of the DAWN home page,
you'll find links to the DAWN Ontario Media Kit (Effective Letters to the Editor
- Writing & Publishing an Op-Ed - Taking Action to the Airwaves) plus an extensive
media directory for Ontario and contact information for Ontario MPPs NDP
Wants Fast Action on Rogers Inquest Findings
Press Release
December
19, 2002
Source : Ontario New Democratic
Party Social
Planning Council Deeply Concerned
Press Release
December
20 2002
Source : Peterborough Social Planning
Council |
Coroner's
21 Recommendations (PDF file - 685K, 4 pages)
Recommendations
by the Ontario Social Safety NetWork (OSSN)
and the Steering Committee on
Social Assistance (SCSA)
-includes links to other suggested recommendations
by : the City of Sudbury - the CAEFS Coalition (Canadian Elizabeth
Fry Societies, National Association of Women and the Law, Women's Legal Education
and Action Fund, National Anti-Poverty Organization) - Sudbury Social Planning
Council - Ontario Ministry of the Attorney General.
A
CBC News article on Dec. 19/02 reports that "unless Ontario ends
its harsh, zero-tolerance approach to welfare fraud more people may die, a coroner's
jury recommended Thursday. But the provincial government immediately rejected
the recommendation, saying its policy of imposing lifetime bans on benefits to
discourage welfare cheats is working."
Source:
Top
Stories
[Centre
for Research and Information on Canada ]
Media
Coverage - Post Rogers Inquest (Justice with Dignity Campaign site)
[NOTE
: the articles below are just a small sample of what you'll find on the DAWN -
Ontario Justice with Dignity site
Cruel
welfare rules must be changed
Editorial, Toronto Star, Dec. 23
Tory
glory, Tory ghosts in uneasy mix
by Murray Campbell, Globe &
Mail, Dec. 23
No
mercy for those with zero power
by Linda McQuaig Toronto Star,
Dec. 22
Ontario
to maintain lifetime welfare ban by Murray Campbell & Keith Lacey,
Globe
& Mail, Dec. 20
Give
welfare fraudsters a break: jury - Ontario rejects finding: Inquest
into suicide
of pregnant woman under house arrest
by Robert Benzie, National
Joke, Dec. 20
End
welfare bans: jury - Crackdown on cheats called 'devastating and detrimental'
Osprey
Media Group Inc. Dec. 20
Poverty's
bitter fruits - The welfare system's emphasis on "the shortest
route to
employment" instead guarantees long-term need
by Barb Anello
and Jacquie Chic, Op/Ed, Toronto Star, Dec. 20
Ease
curbs on welfare cheats, jury says - 40-year-old pregnant woman died of
overdose
while serving house arrest
by James McMartin, Canadian
Press, Toronto Star, Dec. 19
Eves
government urged to eliminate ‘homicidal’ punishment for welfare
fraud
- The coroner’s jury at the inquest into the death of Kimberly Rogers
has
ruled she committed suicide
by Keith Lacey, Northern
Life, Dec. 19
End
lifetime ban for welfare fraud, jury says
by Darren Yourk, Globe
and Mail, Dec. 19
Louise
Gosselin
On October 29, 2001, the Supreme Court
of Canada heard an historic case - the first claim under the Canadian Charter
of Rights and Freedoms and the first claim under human rights legislation to a
right to an adequate level of social assistance for those in need.
Gosselin v. Quebec goes back to a Québec government policy in the mid-eighties
that paid a maximum welfare allowance of $173* a
month to single employable welfare recipients under 30 years of age and $434 a
month to people over 30 and those who were unemployable, before the regulation
changed in 1989 to eliminate the lower maximum benefit level for clients under
30. Ms. Gosselin alleged that the regulation violates sections 7 and 15 of the
Canadian Charter
of Rights and Freedoms as well as section 45 of the Charte
québécoise des droits et libertés de la personne [-
Québec Charter of Human Rights and Freedoms -]
The case had potential
repercussions on welfare programs across Canada
[*
This amount varies depending on which account one reads. In fact, for the period
covered by the case (April 1985 to August 1989), the amount went from about $160
to $175]
Gosselin
vs Quebec (Attorney General) : Autonomy with a Vengeance
(PDF file - 93K, 20 pages)
Posted February 1, 2004
"Gwen Brodsky,
one of the lawyers intervening in the Gosselin c+ase, has written a paper on the
implications of the decision for future anti-poverty litigation in Canada."
Gosselin vs Quebec (Attorney General): Autonomy With a Vengeance
What
are the implications of the Supreme Court of Canada in decision in Gosselin, for
future anti-poverty litigation? In an upcoming issue of Canadian Journal of Women
and the Law, a case comment by Gwen Brodsky criticizes the majority decision in
Gosselin: "The challenged social assistance regulation embodied a negative
stereotype of young men and women who are reliant on social assistance, which,
sadly, the majority of the Court embraced." However, Brodsky also shows that
"the decision is deeply divided, and the majority decision turns on a finding
that the evidence was insufficient. Therefore, as precedent," argues Brodsky,
"the outcome of the Gosselin case may not be particularly significant.
Gosselin
Decision Forewarns of Right to Welfare (PDF file - 120K, 2 pages)
January
2003
Chris Schafer
"The special-interest lobby is chomping at
the bit in regards to the possibilities that this most recent Supreme Court judgment
presents to support further claims of a constitutionally-mandated right to welfare,
housing, etc."*
Source : Fraser
Institute
*NOTE: the author cites a
press release (see below) by the Centre for Equality Rights in Accommodation (CERA)
as proof-of-chomping. CERA's "special interest"? "CERA works to
remove the barriers that keep disadvantaged individuals and families from accessing
and retaining the housing they need." Related
Link: Human
Rights and Housing Groups see Positive Signs in Supreme Court Poverty Decision
News
Release (December 19, 2002)
"The Centre for Equality Rights in Accommodation
and the Ottawa-based Barriers Elimination Working Group believe that while this
case leaves many issues important to low income people undecided, it takes steps
in the right direction."
Source: Centre
for Equality Rights in Accommodation |
Canada’s
Supreme Court sanctions dismantling of welfare
By
Keith Jones
27 December 2002
Source:
World
Socialist Web Site
The Gosselin Decision -
Selected responses and analysis
(thanks to PovNet
for posting this information on their website)
National
Association of Women and the Law (NAWL) - "NAWL is extremely disappointed
by the majority ruling of the Supreme Court of Canada in Gosselin v. the Attorney
General of Québec."
The
Charter Committee on Poverty Issues (CCPI) - "Majority leaves
ray of hope for Canada's poor : minority finds right to adequate living standards"
The
Centre for Equality Rights in Accommodation (CERA) - "Human Rights
and Housing Groups see Positive Signs in Supreme Court Poverty Decision - The
Centre for Equality Rights in Accommodation and the Ottawa-based Barriers Elimination
Working Group believe that while this case leaves many issues important to low
income people undecided, it takes steps in the right direction"
Poverty and Human
Rights Project summary (PDF file - 59K, 4 pages) - "The Court
is split, and there is both good news and bad news for those who are concerned
about the current punitive attitudes of federal and provincial governments towards
poor Canadians."
Victoria
Anti-Poverty Coalition - "Canada's Supreme Court is out of touch
with economic, environmental and poverty realties."
Coroner's
Report Released
Supreme Court of Canada Divided on Welfare Benefits
December
19, 2002
PovNet's home page offers a summary of both the
Kimberly Rogers inquest in Sudbury (Ontario) and the Louise Gosselin case in the
Supreme Court of Canada, as well as links to further information in both cases.
Gosselin
Decision from Supreme Court
Press Release
December 19, 2002
Source: Charter Committee on Poverty Issues
(CCPI) - Canada
Gosselin
Decision : A Divided Court
Press Release
December 19, 2002
Source
: Source: National Association of Women and the
Law
The
Gosselin Case Website - from the Charter
Committee on Poverty Issues
- incl. links to :
Facta (CCPI - National Association of Women and the Law - Attorney General of
Ontario) - NAPO News article - NAWL Information - Rewriting the Charter at 20
or Reading it Right: The Challenge of Poverty and Homelessness - CCPI's AFFIDAVIT
- CCPI Links
Gosselin
v. Québec --- an important case for the future of social assistance
(HTML - 574K, 60 pages)
Source: National Association
of Women and the Law
The
UN's Right to Welfare (PDF file - 103K, 2 pages)
- "A right-to-welfare
court challenge in Quebec could affect us all."
- Ref. to the Gosselin
case ("...the real legacy of this case will be that litigants may turn to
documentary evidence from international human rights instruments, nowhere legislated
in domestic law, to push for ever greater economic benefits and state resources.
Why work when you can sue?")
Source:
Fraser
Institute - "Competitive Market Solutions for Public Policy Problems"
James
Finlay
1993Robert
James Finlay v. Canada (Minister of Finance) (HTML - 113K, 26 pages)
Supreme Court Decision concerning the Canada Assistance Plan, cost-sharing of
provincial social assistance and the adequacy of those benefits.
Focuses (among
other matters) on "basic requirements" under provincial welfare programs.
Mary
Collins
1999
Collins
v. Canada (T.D.) [2000] 2 F.C. 3
"This case involves the constitutionality
of certain provisions of the Old Age Security Act,[1] which accord to spouses
of pensioners a spouse's allowance when they reach the age of 60, payable until
they themselves become pensioners at age 65. The plaintiff alleges that these
provisions violate subsection 15(1) of the Canadian Charter of Rights and Freedoms[2]
on the ground of marital status because they exclude separated spouses from receiving
the spousal allowance."
Collins
v. Canada Court of Appeal, Fredericton, December 3, 2001
Decision
re. Collins v. Canada Court of Appeal - March 1, 2002
Source:
Federal
Court of Canada Decisions
Same
Sex Unions
Civil
unions : the radical choice
Canada delays action on proposed same-sex marriage
law
January 29, 2004
"Canada's attempt
to legalize gay marriage likely will be delayed until after expected national
elections because the government asked its supreme court Wednesday to decide whether
traditional marriage meets constitutional requirements. The supreme court already
is considering the constitutionality of the federal government's proposed legislation
sanctioning same-sex unions, and Wednesday's move gives justices another issue
to consider."
Source:
The Advocate
"The national gay and lesbian newsmagazine"
Government
of Canada reaffirms its position on Supreme Court Reference
News
Release
January 28, 2004
The Minister of Justice and Attorney General of
Canada, Irwin Cotler:
"May I begin by saying that the Government of Canada
is reaffirming its position in the marriage reference, organized around two foundational
principles - support for equality - and within that the extension of civil marriage
to same-sex couples - and support for religious freedom - and within that protection
for religious officials from being forced to perform a marriage ceremony between
two persons of the same sex where it is against their religious beliefs. But there
is a third important principle, and that is the importance of a full and informed
debate before the court, in Parliament and in response to concerns of the public.
It is to respect that third principle that the Government is seeking the opinion
of the Supreme Court of Canada on a new question in the reference on civil marriage
and the legal recognition of same-sex unions."
Source:
Justice
Canada
Related Justice Canada Links:
Civil
Marriage and the Legal Recognition of Same-sex Unions (Backgrounder)
Reference
to the Supreme Court of Canada on Civil Marriage and the Legal Recognition of
Same-sex Unions (Fact Sheet)
Spanking
Court
upholds right to spank (Google.ca News Search
Results)
January 30, 2004
The Supreme Court of Canada has upheld a law that
allows parents to spank their children without being charged, but sets strict
limits on what is permissible.
Clicking the link above will take you to a page
of links to media coverage of the decision.
Child
Welfare League Disappointed by Supreme Court Decision on Physical Punishment of
Children (PDF file - 56K, 2 pages)
News Release
January 30,
2004
"'This is a very serious set back to the goal of making Canada a
nation that protects children against violence,'CWLC Executive Director Peter
Dudding said. 'As we made clear in our intervention in this case, physical punishment
violates a child’s human rights and dignity and, thus, also violates the
child’s rights under the Charter of Rights and Freedoms and the United Nations
Convention on the Rights of the Child.'"
Source:
Child
Welfare League of Canada
Google.ca
News Search Results: "Canada, supreme court, spanking"
Maternity
and Parental Leave
Call
For Action: Maternity & Parental Leave Threatened
"The
following Appeal was drafted by a small group of feminist activists -- Bev Bain,
Maryann Bird, Barbara Cameron, Marjorie Griffin Cohen, Shelagh Day, Martha Friendly,
Martha Jackman, Kerry McCuaig and Leah Vosko -- who see an urgent need for a collective
response to protect maternity and parental leave benefits offered through Employment
Insurance. We ask you to read our Appeal, act on it and circulate it through your
networks"
Source:
Issues
[
Election 2004 ] - also
incl. links to : Political Parties - Ridings and Candidates - Tools and Resources
[
Disabled Women's Network - Ontario
]
Related Links:
Ruling
puts parental leaves in jeopardy
Decision comes at awkward time for Martin's
agenda
Elizabeth Thompson
CanWest News
Service
January 29, 2004
"OTTAWA - A landmark Quebec Court of Appeal
ruling that parental leaves are provincial jurisdiction and that employment insurance
should not be used to fund social programs could have an impact on the federal
government's ability to help Canadian families, Paul Martin, the Prime Minister,
said yesterday."
Source:
Canada.com
Procureur
général du Québec c. Procureur général du Canada
(Word file - 167K, 41 pages) - French only
January 27, 2004 - the official
decision of the Quebec Court of Appeal
Source:
Jugements.qc.ca
(French only)
Court
of Appeal of Quebec
Employment
Insurance - Parental Benefit
[ Employment
Insurance Online ]
[ Human
Resources and Skills Development Canada ]
Quebec
Parental Leave Program - from Éducaloi
(Quebec Law Page - English)
Google
Canada News Search Results: "Quebec Court of Appeal, parental leave"
Google
Canada Web Search Results: "Quebec Court of Appeal, parental leave"
Miscellaneous
Thibaudeau
v. Canada, [1995] 2 S.C.R. 627
(Re. child support)
CHARTER
EQUALITY RIGHTS: INTERPRETATION OF
SECTION 15 IN SUPREME COURT OF CANADA DECISIONS
Prepared
by Mary C. Hurley
Law and Government Division
August 1995 - Revised January
2005
"This paper contains a summary review of a number of principles
relevant to section 15 and section 1 analysis, as determined by the Supreme Court
of Canada, followed by a chart setting out basic elements of the Court’s
decisions in which the equality rights provision has been raised.(...) Subsection
15(1) of the Canadian Charter of Rights and Freedoms, in effect since April 1985,
provides that every individual is equal before and under the law and has the right
to the equal protection of the law without discrimination and, in particular,
without discrimination based on race, national or ethnic origin, colour, religion,
sex, age or mental or physical disability."
Source:
Parliamentary
Information and Research Service Publications
[ Parliament
of Canada ]
Litigation
- information concerning Canadian human rights cases involving the Charter Committee
on Poverty Issues.
Source : Charter
Committee on Poverty Issues (CCPI) - Canada
The
1991
Supreme Court of Canada 'cap on CAP' Court decision - A Golden Oldie...
In
1990, the federal government, in order to reduce the federal budget deficit, decided
to cut expenditures and limit the growth of payments made to financially stronger
provinces under the Canada Assistance Plan. The whole issue ended up in court.
The decision includes a lot of good background info.
