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Full-Text Articles in Law
A Road To Home: The Right To Housing In Canada And Around The World, Darcel Bullen
A Road To Home: The Right To Housing In Canada And Around The World, Darcel Bullen
Journal of Law and Social Policy
Collects papers presented at the Right to Housing symposium, “A Road to Home: The Right to Housing in Canada and Around the World” held in Toronto, 24 October 2013. Contributors speak to the various interventions and strategies used to actualize housing as a fundamental human right in South Africa, France, the United States, Scotland, and Canada, ranging from litigation, to community awareness building, to protests, and to lobbying. Also speaks to the challenges of enforcement of the right to housing once that right is recognized at law.
Fighting For The Right To Housing In Canada, Tracy Heffernan, Fay Faraday, Peter Rosenthal
Fighting For The Right To Housing In Canada, Tracy Heffernan, Fay Faraday, Peter Rosenthal
Journal of Law and Social Policy
This paper examines Tanudjaja v Attorney General—the “Right to Housing” case. The authors, co-counsel on the case, discuss the context of the case, the nature of the application, and the legal underpinnings of the section 7 and 15 Canadian Charter of Rights and Freedoms claims, including positive obligations under the Charter and international law, innovative procedure taking a systemic approach to challenging oppressive legislation, and innovative supervisory orders. The authors examine the procedural and substantive implications of the provincial and federal governments’ move to strike the case, parse the Ontario Superior Court of Justice and Ontario Court of Appeal decisions …
Charter Eviction: Litigating Out Of House And Home, Margot Young
Charter Eviction: Litigating Out Of House And Home, Margot Young
Journal of Law and Social Policy
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 …
Do Us Proud: Poor Women Claiming Adjudicative Space At Cesr, Emily Paradis
Do Us Proud: Poor Women Claiming Adjudicative Space At Cesr, Emily Paradis
Journal of Law and Social Policy
Claiming Our Rights was a feminist participatory action research project based at Sistering, a Toronto drop-in for women facing homelessness. At weekly meetings over the course of eighteen months, members learned about social and economic rights, gave testimony on their lived experiences, and undertook actions to claim their rights. Among other initiatives, the group—which members named FORWARD—contributed a report on women’s homelessness to the 2006 review of Canada by the United Nations Committee on Economic, Social and Cultural Rights. This paper draws upon observations of the group’s process and in-depth interviews with participants to assess this human rights education methodology. …