Fighting for the Right to Housing in Canada

Abstract

This paper examines Tanudjaja v Attorney General-the "Right to Housing" case. Theauthors, co-counsel on the case, discuss the context of the case, the nature of theapplication, and the legal underpinnings of the section 7 and 15 Canadian Charter ofRights and Freedoms claims, including positive obligations under the Charter andinternational law, innovative procedure taking a systemic approach to challengingoppressive legislation, and innovative supervisory orders. The authors examine theprocedural and substantive implications of the provincial and federal governments' moveto strike the case, parse the Ontario Superior Court of Justice and Ontario Court ofAppeal decisions striking the application, and analyze the impact these decisions mayhave for future Charter litigants. They also address the relationship between communityorganizing and litigating rights of marginalized communities.