Factum of the Intervener Charter Committee on Poverty Issues, Pivot Legal Society, Income Security Advocacy Centre and Justice for Girls in: Tanudjaja v. Canada (Ontario Superior Court of Justice)

Abstract

The Charter Committee on Poverty Issues, Pivot Legal Society, the Income Security Advocacy Centre and Justice for Girls intervened jointly in the challenge to a motion to dismiss the Application in this case. The Applicants argue that the Respondents’ laws, policies, and programs have created and sustained increasing levels of homelessness and inadequate housing in Ontario and Canada in a manner that violates life, security of the person and equality guarantees under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. The Interveners submit that hearing and deciding the Applicants’ legal claim based on a full evidentiary record, falls squarely within the assigned role of the judiciary in Canada’s constitutional democracy. The Interveners urge the Superior Court to dismiss the Respondents’ motion to dismiss the Application and to allow those suffering rights violations because of homelessness and inadequate housing to obtain a full and fair hearing of their Charter claims in this case.