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Article
Charter Eviction: Litigating Out of House and Home
Journal of Law and Social Policy
  • Margot Young, Allard School of Law at the University of British Columbia
Faculty Author Type
Current Faculty [Margot Young]
Document Type
Article
Publication Date
1-1-2015
Subjects
  • housing rights
Disciplines
Abstract

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 most vulnerable among us constitutionally outside in the cold, particularly when the issues of justice at stake are complex.

Citation Information
Margot Young, "Charter Eviction: Litigating Out of House and Home" (2015) 24 JL & Soc Pol'y 46.