Published In

Journal of Law and Social Policy

Document Type

Article

Publication Date

2015

Subjects

housing rights

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.

Included in

Housing Law Commons

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