Case Support

Litigation Support

Resources and support for strategic litigation on social rights.

SRAC provides research and evidentiary support to test-case litigation promoting economic and social rights.

SRAC assisted in establishing and remains an active participant in ESCR-Net's Strategic Litigation Initiative.

SRAC provides administrative support and coordinates the work of the Charter Committee on Poverty Issues, which has intervened in more than a dozen cases at the Supreme Court of Canada.

Key Cases & Interventions

Toussaint v. Canada Right to healthcare for migrants in irregular situations
Toussaint v. Canada - All Documents
CWP v Canada Freedom of expression of charities
CWP v Canada - All Documents
Tanudjaja et al v. Canada Historic challenge to homelessness in Canada
The Claim That Wasn't Heard Historic charter challenge to homelessness
The Motion to Dismiss Homelessness charter challenge - motion to strike
Lyda v. Detroit ESCR-Net amicus in Detroit water shut-off case
Doctors for Refugee Health Care Case Right to health care for refugees and asylum seekers
Toussaint v. Canada (Fees) Challenge to fees for humanitarian and compassionate review

Historic Charter Challenge to Homelessness

Decisions and Arguments: Motion to Strike and Leave to Appeal
Affidavit of Bruce Porter in Support of Leave to Appeal to SCC
CCPI, Pivot Legal Society, and Justice for Girls Factum
Amnesty International and ESCR-Net Factum

Petition to UN Human Rights Committee

Right to Healthcare for Migrants in Irregular Situations Historic challenge based on sections 7 and 15 of the Charter
Executive Summary of the Petition
Petition: Nell Toussaint v Canada HRC No 2348-2014
Canada's Response on Admissibility
Author's Comments on Admissibility
Canada's Response on Merits
Applicant's Application for Leave to Appeal to SCC

Refugee Health Care Interventions

Canadian Doctors for Refugee Care v. Canada (Attorney General) 2014 FC 651 (CanLII)
Amnesty International and ESCR-Net Motion for Leave to Intervene
CCPI/CHC Written Representations for Leave to Intervene
Decision of Gauthier J. on Intervention Applications
Memorandum of Amnesty International and ESCR-Net

Right to Health: Chaoulli v. Quebec

Chaoulli v. Quebec Right to health intervention by CCPI and Canadian Health Coalition
CCPI/CHC Factum
A Right to Healthcare Only if You Can Pay for It Bruce Porter (2005) 6 ESR Review
The Last Line of Defence for [Which?] Citizens Martha Jackman (2006) 44 Osgoode Hall L.J.
Access to Justice

Access to Justice for Immigrants

Charter Challenge to Waive Fees for Humanitarian and Compassionate Review Undocumented immigrants living in poverty
Toussaint v. Canada - Challenge to Refusal to Waive Fees
CCPI Litigation Overview Intervening in Supreme Court cases
CCPI Memorandum of Fact and Law (FCA)

Advance Costs Awards

Interveners Motion Record
Factum of CCD, CCPI, LEAF and PHRC in Caron

Trade, Investment, and Human Rights

Challenge to the Failure of NAFTA to Protect Human Rights Leave to appeal to the Supreme Court of Canada
NAFTA Challenge Overview

Expert Evidence Provided

Denise Boulter et al. v Nova Scotia Power Inc. Access to utilities for the poor (NSUARB-P-886(3))
Rasekhi Nejad v. Volpe Access to justice for poor (Div. Ct. File No. 328/03)
Andrew Graham et al. v. Ontario Access to social assistance (File No. 02-CV-232667CM3)
Broomer et al v. Ontario Charter challenge to lifetime ban from social assistance (File No. 420/0)
Ontario Municipal Board Decision No. 0569 Challenge to zoning restrictions on shelters for homeless persons (R030064)
R. v. Clarke Discriminatory attitudes about poor people in jury selection (2003)
Inquest Into the death of Kimberly Ann Rogers Inquest on lifetime ban on social assistance (Verdict released 2002)