Lawyers for homeless and inadequately housed Ontarians have appeared in Ontario Superior Court of Justice to argue against a government motion to strike their landmark legal challenge

In the spring of 2010, several individuals and the Centre for Equality Rights in Accommodation filed a landmark legal challenge at the Ontario Superior Court. The ‘Right to Housing challenge’ argues that the governments of Canada and Ontario are in violation of the Charter of Rights and Freedoms for their failure to address, and their contribution to, the growing crisis of homelessness and inadequate housing.

Almost 10,000 pages of expert witness evidence were submitted to support this case on National Housing Day in the fall of 2011. The governments of Canada and Ontario have responded by seeking to have the case struck, before the evidence can be heard by a judge.

On May 27th and 28th, 2013, Fay Faraday, Peter Rosenthal and the Advocacy Centre for Tenants Ontario (ACTO) argued, in court, that the case must proceed.  Amnesty International and the Economic Social and Cultural Rights Network, The David Asper Centre for Constitutional Rights and the Income Security Advocacy Centre, Charter Committee on Poverty Issues, Justice for Girls, and Pivot Legal Society are acting as intervenors in the case. They believe the challenge should be allowed to continue and will offer important information to the Court.

This case is historic. The Centre for Equality Rights in Accommodation and the individual applicants – who have experienced poverty and homelessness, are asking for more than the simple right to shelter. They hope that the Court will declare that homelessness and inadequate housing violate the Charter of Rights and Freedoms and that the government must develop a national strategy to end homelessness.

We speak with Tracy Heffernan, a program director at the Advocacy Centre for Tenants Ontario (ACTO).

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RELATED | The Toronto Star: Landmark homeless Charter challenge may never be heard if government wins bid to quash case (May 26, 2013) | Advocacy Centre for Tenants Ontario: Right to housing Charter challenge | Blog: Housing is a human right! | Canada Newswire: Law fellowship to focus on Charter rights and homelessness (Sept. 4, 2012) | People First Radio: National housing strategy demanded (interview with Tracy Heffernan) (June 3, 2010) |

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Human Rights and Housing, Ensuring Healthy and Affordable Homes For All. The Wellesley Institute (Oct. 4, 2012)