PIVOT intervening in right to shelter appeal
The appeal of the landmark right to shelter decision Adams v. Victoria is set to be heard next week from June 10-12.
In this important ruling, Justice Ross found that bylaws preventing homeless people from sheltering themselves are unconsitutitional because they violate homeless people's rights to life, liberty and security of the person, rights that are protected by s.7 of the Canadian Charter of Rights and Freedoms. She found that these deprivations could not be justified in a free and democratic society, and therefore they were of no force or effect.
Justice Ross found that without some minimal form of overhead protection, people who had no choice but to sleep outside were at serious risk of hypothermia and even death. Given that the number of homeless individuals greatly exceeds the number of shelter beds available, people are forced to sleep in parks and public spaces. Pivot lawyer Laura Track wrote an article for Bartalk reviewing the decision, which you can read here for more information.
Pivot successfully applied for intervenor status to fight the government's appeal of Justice Ross's decision. This gives Pivot the opportunity to provide its expertise on homelessness to the judges who will hear the appeal. Pivot is being represented by lawyer Bruce Elwood in the appeal. Check out Pivot's submissions to the court and our affidavit in support of the application.