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Rights & Democracy Intervenes In Historic Supreme Court Case

The first economic and social rights claim case before the Supreme Court of Canada -- News Release

OTTAWA, 29 OCTOBER, 2001 ? Rights & Democracy joins today with several other human rights and activist groups to argue the first economic and social rights claim case before the Supreme Court of Canada.

In 1986, Montreal resident Louise Gosselin was 27 when she launched her class action against the Quebec government's policy of paying considerably lower welfare rates to recipients under the age of 30. Under the original law, which came into force in 1985, welfare recipients aged 18 to 29 received only $163 per month while those over 30 received $448.

"Although this law is no longer in force, the case before the Supreme Court is precedent-setting," said the President of Rights & Democracy Warren Allmand who is attending the hearing this morning in Ottawa. "This case not only deals with discrimination based on age, but with the application of economic and social rights in Canada. It could have an impact on "workfare" programmes that oblige welfare recipients to work in exchange for benefits," he said.

Rights & Democracy was granted the right to intervene in the case last June, along with the Charter Committee on Poverty Issues (CCPI), the National Association of Women and the Law (NAWL) and Quebec's Commission des droits de la personne et de la jeunesse.

"We are arguing that the obligations in the International Covenant on Economic, Social and Cultural Rights (ICESR) have the same legal status under international law and bind Canada with the same force as the political and civil rights set out in the International Covenant on Civil and Political Rights," said David Matas, who is representing Rights & Democracy before the Supreme Court. A Winnipeg lawyer, he is also a member of the Board of Directors of Rights & Democracy.

The Montreal-based organization, also known as the International Centre for Human Rights and Democratic Development, chose to intervene in this case, because it strongly believes that since Canada has signed and ratified the International Covenant on Economic, Social and Cultural Rights "those rights must have real meaning in the lives of Canadians," said Mr. Allmand. Rights & Democracy also wants to defend the principle that all rights: economic, social and cultural rights as well as civil and political are equal and interrelated. The lower courts and some provinces have argued that while political and civil rights can be implemented immediately, economic and social rights require time for their implementation and that their application can be delayed.

The Supreme Court has never dealt with a case related to social and economic rights as clear as this one. Qu?bec is the only jurisdiction in North America to include "economic and social rights" in its human rights legislation. Section 45 of the Quebec Charter states that: "Every person in need has a right, for himself and his family, to measures of financial assistance and to social measures provided for by law, susceptible of ensuring such person an acceptable standard of living."

It will also be the first case in which the Court will consider whether the right to "security of the person" in section 7 of the Canadian Charter prohibits cuts to welfare that deny recipients basic necessities and whether the guarantee of equality includes substantive obligations to provide adequately for disadvantaged groups relying on social assistance.

UN human rights bodies have been critical of lower courts in Canada for failing to give proper consideration to social and economic rights under international human rights law.

"This case provides the Supreme Court of Canada a unique opportunity to affirm that all human rights have to be read together as a package, each contributing to the overall goal of enhancing the worth and the dignity of the individual," Mr. Allmand said.