Law exam #4

definition oof food insecurity-proof/health canada

Proof definition-the inadequate or insecure access to food due to financial constraints

Health canada- the inability to aquire or consume an adiquate diet or sufficient food quality or food in a socially acce[table way

3 diffent levels of food insecurity

1-marginal, worry about running out of food or limited selection due to money

2-moderate, food insecurity compromise quality or quantity

3-severe, miss meals

barriers to access

stigma, physical access, food content, operational factors

The legal right to food
security?

international covenant of economics-states are obligated to protect economic and
social rights, including the right to be free from hunger and to an adequate
standard of living, including food

convention of rights of the child- state must ensure that children are provided with adequate
nutritious food and an adequate standard of living

in 2018 not framed in terms of righyts

absence of legal right to foof hunger rests on..

charitable food organizations

critiques of food banks

1-development of a strong national
food bank organization and movement

2-The corporatization of food banks through
partnerships with national food companies and
the media supporting what they do

3-The increasingly significant role they play as
charitable partners with the government’s
public safety net (social assistance) thereby
contributing to the introduction and
implementation of neo-conservative welfare
reform

3 critiques of food banks

-normalization

-depoliticalization of hunger

-corporate respinse to hunger

mckay panos saying

what is more suprising that a rich country like canada there are so many people that face food insecurity or that there are few legal provisions

equality law and class socio economic status-4 points

-supreme court would consider it analogous grounds, because it us not in enumerated grounds but so far it has not done so

-intersects with marginalized identities

-Limited statutory protections ex-quebec charter of human rights includes social condition as ground for protection against discrimination

-calls have been made for socio economic advanteg to be considered in federal level human rights legislation

housing as an equality issue-5 points, linked to

bad housing is linke dto colinization and discrimination

underfunding to social house fail sto provide income support

discriminatory zoning leads to destruction of affordable housing

tax system disadvantages tenants, landlord deny low earninng ppeole

spatial segragation

risk of default-housing

properties are not rente dto first come first sserve but income level

right to housing in canada-

charter- provincal and federal rights and international law

not included in the charter as a self standing right not included in proveincial or federal court

human right under international law

homelessnes ss an equlity isue

-subject to violence and discrimination

-affects dissabled people,racialized groups

-not recognized as a prohibited or an anologous ground

tanudjaja et al canada-jdp

federal and provincial governments had taken decisions which had eroded acces to affordable housing without adressing impact of homelessness

Case becomes dismissed and the ontario supreme court agreed. Claimants tries to reappeal but the supreme court denied the reappeal.

-stated as not justificable

-not grounds of discrimination under charter

-no ‘‘positive obligation’’ on the charter

abbotsford v shantz-alf

two action before the supreme court

one seeking permanaent injunction against a particular homeless encampemnt

second prohibited th erection of structures on public land and the sleeping in any park overnight

results-found bylaws were unconstitutional, impacted their libert

not positive

not an anolgous ground

victoria vs adams-l

civil innjuntion against homeless poeple that set up a tent

judge favoured claimants-sayed it threatened claimants rights and liberty

did not declare that this mandated a positive duty on government to provide housing

demographics of respondents

-were women

-responding households had children under 18

-visible minorities

-live with family

-renting primary residence

indicators of food insecurity

decreasing size of meals

skipping meal s

not eating

abotzford vs shantz

Court denied the City’s request and ruled that the bylaws were unconstitutional. The outcome rested on three key factual findings. First, Abbotsford lacked sufficient accessible shelter space. Second, homelessness is a risky but legal activity and is not a matter of personal choice. And, third, the challenged bylaws increased the health and safety risks of being homeless.

breaches of section 7 could not be justified by section 1

1-purely succeded was framed as a purely negative rights claim

2-stating that such an inquiry would require it to ‘wade into the political arena’. Thus, this case does nothing to require government to provide shelter spaces, or even shelter supplies

3-he Court forged new progressive ground in relation to evaluating shelter availability. It recognised that the accessibility of specific shelter spaces can be complicated, nuanced and ‘impractical’ for homeless individuals.

how is food insecurity measured

mfssm-husehold foof security survey module

do food banks track homlessness

no, often prioritize poeple with the most food insecurity

problem with using food bank statistics

underestimates true number of ood insecurity

should directly measure hosehold food insecurity not food bank

is homelessness on prohibited or analogous grounds

neither

miloon kathari-saying (housing)

denial of rights for adequate housing for marginalized is an assualt of freedoms in the canadian charter

which groups are at higher risk of food insecurity-7

-women

-children

-houslessness

-rracialization

-newcomers

-mental health

-disability

tarasuk and maclean-over critique of food banks

institutionalization

who have the lowest rates of food insecurity

seniors

Human rights legislation in Canada provide protection against discrimination because of…

Social condition, social and economic disadvantage, recuept of public assistance

homelessness as a intersecting issue

-disabilities and mental health

-indigenous women

what tyoe of right is housing

human right