This paper addresses recent developments in case law surrounding the recognition of a right to housing under section 7 of the Charter. I argue that for a right to housing to be guaranteed, section 7 interpretations must be expanded in scope to be beyond criminal law. Additionally, section 7 must be expanded to include positive rights. Reviewing the trajectory of Supreme Court of Canada (SCC) decisions, I find there is room for optimism on both fronts. Additionally, I review recent cases in the lower courts and conclude that while a "right to housing" has not (yet) been read into section 7, recent decisions have effectively done so by indirectly ordering a remedy of establishing shelter spaces. While the court has shied away from explicitly ordering this remedy, it has, nonetheless, all but mandated it. If this is not "reading in" a right to housing in a traditional sense, as in <i>Vriend,</i> it certainly amounts to much more than a wink and a nod in the direction of a positive right to housing.
- About Homelessness
- Doing Research
- Community Profiles
- Solutions
- Blog
- About Us
The Canadian Observatory on Homelessness is the largest national research institute devoted to homelessness in Canada. The COH is the curator of the Homeless Hub.
Canadian Observatory on Homelessness- Search
About UsCanadian Observatory on Homelessness
The Canadian Observatory on Homelessness is the largest national research institute devoted to homelessness in Canada. The COH is the curator of the Homeless Hub.
x