Rights & Democracy Reacts to Supreme Court Ruling on Louise Gosselin Case
OTTAWA - 19 December, 2002 – Rights & Democracy expressed its disappointment in the Supreme Court of Canada ruling today against Louise Gosselin but stated there were positive elements in the decision.
The ruling "sets the legal stage for a revolution in Canada in the sense that in future cases, economic and social rights will be interpreted to include positive obligations," said David Matas, a Winnipeg lawyer who intervened before the Court on behalf of Rights & Democracy.
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. After loosing her case in Quebec lower courts, she appealed. It was a crucial case in which the highest court considered whether the right of the "security of the person" in Section 7 of the Canadian Charter included economic security. It also considered whether the guarantee of equality includes substantive obligations to provide adequately for disadvantaged groups relying on social assistance.
The Court ruled that the Quebec law on Social Assistance was not unconstitutional. The judgment shows that the Court is prepared to consider social and economic rights in the appropriate case: provinces cannot say that 'this is not judiciable and that we can do what we want'," Mr. Matas said. "Now there is a clear case for judicial oversight for economic and social policies."
Writing for the majority, Chief Justice Beverley McLachlin found that the Government of Quebec was entitled to enact legislation where younger people received lower welfare payments. She found that the existing case was not sufficient to support Ms. Gosselin's allegation that Quebec had violated her right to "the security of the person", thus denying her fundamental justice. However, in a dissenting ruling, Madam Justice Louise Arbour and Madam Justice Claire L'Heureux-Dub? supported Ms. Gosselin's claim.
"The fact that the majority rendered that decision on the basis of the "facts of the case" rather than as a matter of principle is unfortunate for Louise Gosselin and the people she represented, but bodes well for future jurisprudence on this issue," Mr. Matas added.
The most positive aspect of this decision is that it overrules the lower courts, which were reluctant to review compliance of government policies with economic and social obligations in the Quebec Charter of Rights. That has now changed.
Rights & Democracy welcomes these opinions and will continue to work towards a comprehensive and holistic interpretation of human rights, where the indivisibility of all rights is fully recognized.
For More Information
Please contact Steve Smith (ext 255) or Louis Moubarak (ext 261) at Rights & Democracy, 514-283-6073.
