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ISBN: 9781552213742

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Advancing Social Rights in Canada

Canada is at a crossroads. The gap between our national self-image as a country that respects human rights and the reality of socio-economic inequality and exclusion demands a re-engagement with the international human rights project and a recommitment to the values of social justice and equality affirmed in the early years of the Canadian Charter of Rights and Freedoms.

This book sketches a blueprint for reconceiving and retrieving social rights in diverse spheres of human rights practice in Canada, both political and legal. Leading academics and activists explore how the Charter and administrative decision making should protect social rights to health, housing, food, water and the environment; how homelessness and anti-poverty strategies could incorporate international and constitutional rights; how the federal spending power, fiduciary obligations towards Aboriginal people, and substantive equality for women and people with disabilities, can become tools for securing social rights; and how social protest movements can interact with courts and urban spaces to create new loci for social rights claims.

This book provides inspiration as well as an indispensable resource for all those who share an interest in advancing human rights and social justice in Canada.

Martha Jackman

Martha Jackman is a professor in the faculty of law at the University of Ottawa and co-director (academic) of the SSHRC-CURA research project “Reconceiving Human Rights Practice.”

Bruce Porter

Bruce Porter is the executive director of the Social Rights Advocacy Centre and co-director (community) of the SSHRC-CURA research project “Reconceiving Human Rights Practice.”

Chapter Title Abstract Contributors Pages Year Price

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The book provides examples of the new spaces, approaches, and opportunities for advancing social rights in Canada. ; 31 $3.10

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Discussion of rights-based approaches to housing and anti-poverty strategies in the context of new understandings of the international emergence of social rights. 31 $3.10

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Exploration of the extent to which a domestic constitutional framework exists in Canada for a rights-based approach to housing and anti-poverty strategies. ; 42 $4.20

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Examination of the absence of wealth disparity and human rights perspectives from Canada’s provincial anti-poverty initiatives. 21 $2.10

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Examination of three accountability regimes governing federal social transfers to the provinces, and a proposal for a framework to develop an alternative regime. 25 $2.50

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Argument in favour of rights-driven legislative and regulatory responses to homelessness. ; 32 $3.20

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Argument that Charter cases involving women’s work have been haunted by court findings that socio-economic status is not an analogous ground of discrimination under section 15(1), relying … 36 $3.60

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Analysis of the legal landscape for litigating the substantive equality rights of people with disabilities. ; ; 29 $2.90

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Examination of the Nova Scotia Court of Appeal decision in Boulter to illustrate the denial of equal access to energy to disadvantaged communities. ; 28 $2.80

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Exploration of whether fiduciary law could allow Indigenous peoples living on reserves to gain consistent access to safe drinking water. 607 $60.70

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Analysis of trends in health and human rights, with a proposal for ways in which they might open new avenues for human rights scrutiny of the distribution of health resources in Canada. 33 $3.30

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Argument for a rights-based culture to be developed within the sphere of administrative justice. ; 22 $2.20

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Examination of the significance and scope of the interdependence of environmental issues and human rights. 18 $1.80

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Argument that a social rights approach to resolving social conflict can be applied to develop a progressive legal framework for dealing with social protest. 30 $3.00

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Examination of two British Columbia cases to emphasize the importance of both the urban context of modern social justice struggles and the acknowledgement that rights have spatial dimensions and … 29 $2.90