Research & Writing for Equality*

Saturday, October 5, 2013

* The Latest & Greatest from SSRN


Check out University of Ottawa Professor Martha Jackman and Bruce Porter of the Social Rights Advocacy Centre on "Rights-Based Strategies to Address Homelessness and Poverty in Canada: The Constitutional Framework", just posted here on SSRN. 

Abstract

This paper is the second part of a two-part research project that considers what the new paradigm of social rights and the re-unified system of human rights mean for the design and implementation of programs and strategies to address poverty and homelessness in Canada. The paper explores the extent to which a domestic constitutional framework exists for a rights-based approach to housing and anti-poverty strategies in Canada, compatible with, and informed by, the international human rights law and jurisprudence. Particular attention is paid to four Canadian constitutional provisions: the commitment to provide public services of reasonable quality to all Canadians, under section 36 of the Constitution Act, 1982; the right to life, liberty, and security of the person, under section 7 of the Canadian Charter of Rights and Freedoms; the right to equal protection and equal benefit of the law, under section 15 of the Charter; and Canadian governments’ obligation, under section 1 of the Charter, to balance and limit rights in a manner that is reasonable and demonstrably justifiable.
Designed by Rachel Gold.