In that piece, I made
reference to the “right to housing.”
Recently we had a case in
Ontario where the idea of federal and provincial governments were challenged from
that perspective. Here is what
happened.
(This story originally appeared on www.hamiltonjustice.ca)
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Ontario Superior Court Judge Thomas R. Lederer ruled on Friday that the courtroom is not the proper place to resolve the issue of homelessness and inadequate housing in Canada.
Ontario Superior Court Judge Thomas R. Lederer ruled on Friday that the courtroom is not the proper place to resolve the issue of homelessness and inadequate housing in Canada.
The Judge’s comments came in a
decision in, what has been called, the Right to Housing Challenge. Individuals
and housing advocates were trying to make the case for a court order. That
court order would require that the Federal and Provincial governments implement
a national housing strategy.
Lawyers from the Centre for
Equality Rights in Accommodation (CERA) and filed a case three years ago. Their
argument is that Canada and Ontario have violated individuals’ rights under
section 7 and section 15 of the Canadian Charter of Rights and Freedoms by
creating and maintaining conditions that lead to and sustain homelessness.
Put simply, Canadians have the
right to adequate, affordable housing.
Lawyers for the governments of
Ontario and Canada argued that the case shouldn’t even be
heard.
heard.
Judge Lederer agreed with the
government lawyers.
Peter Rosenthal, one of the
lawyers for the applicants, offered this comment:
“The decision reflects a
narrow view of the Charter that seems to be applied when the poor seek judicial
relief.”
The judgment will be appealed.
You can read more about the
Right to Housing Challenge on the website of the Advocacy Centre for Tenants of
Ontario (ACTO) at http://righttohousing.wordpress.com/
