S2E5: Socioeconomic Rights and the Charter

Charter: A Course - A podcast about Canadian Constitutional Law & Litigation

About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes

With the help of our distinguished guests, Martha Jackman and Bruce Porter, we discuss whether socioeconomic rights are protected under the enumerated provisions of the Charter of Rights and Freedoms. We hear about what socioeconomic rights entail – like the right to food, housing, and a living wage - and consider whether these rights confer positive obligations on the government.

In the Practice Corner (at 39:56), Jackie Esmonde joins us to discuss her experience litigating cases about socioeconomic rights on behalf of clients and as an intervenor at the Supreme Court. We also learn about Jackie’s community-driven approach to practicing law and policy writing.

Find a FULL TRANSCRIPT of this episode HERE.

Case Links

In this episode, the following cases and statutes were discussed:

R. v. Boudreault, 2018 SCC 58

Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44

Cambie Surgeries Corporation v. British Columbia (Attorney General), 2022 BCCA 245

Chaoulli v. Quebec (Attorney General), 2005 SCC 35

Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624

New Brunswick (Minister of Health and Community Services) v. G. (J.), [1999] 3 SCR 46

Nevsun Resources Ltd. v. Araya 2020 SCC 5

Gosselin v. Québec (Attorney General), 2002 SCC 84

Slaight Communications Inc. v. Davidson, [1989] 1 SCR 1038

S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4

Tanudjaja v. Can. (A.G.), 2014 ONCA 852

Toussaint v. Canada (Attorney General) 2022 ONSC 4747

Vriend v. Alberta, [1998] 1 SCR 493

Statutes:

International Covenant on Economic, Social and Cultural Rights

International Covenant on Civil and Political Rights

National Housing Strategy Act, S.C. 2019, c. 29, s. 313

UN Declaration on the Rights of Indigenous Peoples Implementation Act

The following organizations and lawyers were referenced:

Colour of Poverty – Colour of Change

Ewa Krajewska

FCJ Refugee Centre

HIV & AIDS Legal Clinic Ontario (HALCO)

Income Security Advocacy Centre (ISAC)

Migrant Workers Alliance for Change

Migrant Rights Network

Social Rights Advocacy Centre

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!

Thank you to Caitlin Salvino and Marisa Benjamin, JD students at the University of Toronto Faculty of Law and Asper Centre research assistants, for their contributions to the production of this episode.

Thank you to our wonderful guests on this episode, Martha Jackman, Bruce Porter, and Jackie Esmonde!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.