Current and Recent Activities
Intervention in Kanyinda v Quebec at the Supreme Court of Canada
The right to life of irregular migrants and acess to essential health care. Challenging Canada's refusal to give effect to the UN Human Rights Committee's decision in Toussaint v Canada.
Factum for Leave to Intervene in Toussaint v Canada (2021)
CCPI Coalition Factum Leave to Intervene
Presentation to UN Committee on Economic Social and Cultural Rights on Denials of Access to Effective Remedies in Canada
See the CCPI Submissions for the List of Issues for Canada (2020)
CCPI Submissions for Canada's 2016 CESCR Review
Challenge to Canada's Failure to Implement a Strategy to Address Homelessness
CCPI led a coalition of interveners before the Ontario Superior Court (see CCPI factum) and the Court of Appeal for Ontario (see CCPI factum) in Tanudjaja v. Canada - the historic Charter challenge to Canada's failure to address the human rights crisis of homelessness and poverty. CCPI filed an affidavit in support of an application for leave to appeal to the Supreme Court of Canada.
Access to Justice for Persons: Living in Poverty:Fee Waiver
Toussaint v. Minister of Citizenship and Immigration
CCPI Memorandum of Fact and Law FCA
Application for Leave to Appeal to the Supreme Court of Canada
Access to Justice: Advance Costs
Caron v. Alberta - Advance Costs for Access to Justice: Interveners Motion Record
Human Rights in Trade and Investment Agreements
CCPI's Constitutional Challenge to NAFTA - Human Rights in Trade and Investment Regimes
CCPI Memorandum for Leave to Appeal to the Supreme Court of Canada in NAFTA Challenge
The right to life in access to healthcare: not only for the rich
Chaoulli v. Quebc: the Right to Health for Poor People - CCPI-CHC Intervener Factum SCC
Obligation to protect life and security of the person by addressing poverty and homelessness
Gosselin v. Quebec CCPI FACTUM SCC
CCPI Facta (Pleadings)
CCPI
Charter Committee on Poverty Issues
c/o Social Rights Advocacy Centre\ts
See SRAC's website at Socialrights.ca
CCPI is a national coalition founded in 1989 to bring together low-income, human rights and constitutional experts and advocates for the purpose of assisting poor people in Canada to secure and assert their rights under international human rights law, the Canadian Charter of Rights and Freedoms, human rights legislation and other laws in Canada.
ACTIVITIES
The activities of CCPI fall into three main categories:
i) Initiating litigation and intervening in cases before courts and tribunals to promote and protect the basic human rights of poor people and to ensure that poverty issues are more fully understood and considered by Canadian courts and tribunals
ii) Appearing before and making submissions to United Nations Human Rights bodies to provide information related to compliance with international human rights law and problems of poverty in Canada; and
iii) Engaging in research into how Canadian or international law can be used by poor people to address their needs and to promote compliance with international and domestic human rights guarantees.
Please note that CCPI works with its coalition partners and does not do individual casework. For legal assistance contact your local legal aid office or clinic.
CCPI applies to Intervene at the SCC in Kanyinda v Quebec
AG Response eng tr
CCPI Intervenes in Toussaint v Canada to challenge Canada's refusal to comply with decision of the UN Human Rights Committee on the right to life of irregular migrants
Decision of the UN Human Rights Committee that Canada has refused to implement.
CCPI was granted leave to intervene jjointly with the Canadian Health Coalition and the FCJ Refugee Centre
CCPI/CHC/FCJ Refugee Centre Factum for Leave to Intervene in Motion to Strike
Decision of Justice Belobaba on Intervention Motions (Jan 14, 2022)
CCPI Coalition Factum - Motion to Strike
Toussaint v. Canada (Attorney General) 2022 ONSC 4747
CCPI/CHC/FCJ Refugee Centre Factum for Leave to Intervene in Action
Plaintiff Motion Record on Mandatory Mediation
Toussaint v. Attorney General of Canada, 2024 ONSC 6974
Canada's 4th UPR (2023-24)
CCPI Submission for Canada's 4th UPR (2023)
UN Human Rights Committee (2021)
CCPI Submissions for the List of Issues for Canada (2020)
See List of Issues for Canada's Next Review (2020)
UN Committee on Economic Social and Cultural Rights (2020) on Denials of Access to Effective Remedies in Canada
CCPI Submissions to UN Human Rights Committee for List of Issues Prior to Reporting (LOIPR) (2021)
CCPI Submissions for List of Issues for Canada's Periodic 6th Periodic Review (2015)
CCPI Submissions for Canada's 6th Periodic Review
CCPI Intervenes at the Ontario Superior Court and at the Ontario Court of Appeal in Tanudjaja et al v. Canada et al in Charter Challenge to Governments' Failure to Address Homelessness
Charter Committee Coalition Factum on Motion to Dismiss at Ontario Superior Court
Ontario Court of Appeal Decision on Motion to Strike
Tanudjaja v. Canada (Attorney General), 2014 ONCA 852Decision on Intervention Application at Ontario Superior Court.Tanudjaja v. Attorney General (Canada), 2013 ONSC 1878.
Decision on Intervention Application at Ontario Court of Appeal Decision of Feldman JA on Motions to Intervene
Access to Jusitce for People living in Poverty: CCPI Intervenes in Support of Fee Waiver in Toussaint v. Canada (2009 FC 873)
The Charter Committee on Poverty Issues intervened at the Federal Court and again at the Federal Court of Appeal in an important legal challenge to the refusal of the Government of Canada to waive fees for impoverished applicants for Humanitarian and Compassionate Review under the Immigration and Refugee Protection Act.
CCPI Memorandum of Argument for Application to Intervene
Decision on Intervention Application
Gunther v. Canada (Citizenship and Immigration) (2009 FC 875)
Krena v. Canada (Citizenship and Immigration) (2009 FC 874)
Toussaint v. Canada (Citizenship and Immigration) (2009 FC 873)
Appeal to the Federal Court of Appeal Toussaint v. Canada (Citizenship and Immigration) 2011 FCA 146
Nell Toussaint was determined to continue her struggle for justice, and she appealed the decision of Justice Snider to the Federal Court of Appeal. CCPI sought and was granted leave to intervene before the Federal Court of Appeal. CCPI took carriage of the constitutional arguments before the Federal Court of Appeal, both in written and oral submissions.
The Federal Court of Appeal found that on the basis of statutory interpretation of section 25 of the Immigration and Refugee Protection Act as it was worded at the time Nell Toussaint sought a fee waiver, the Minister was obliged to consider her request. Ms. Justice Tempered with Compassion”
CCPI Memorandum of Argument for Application to Intervene FCA
Department of Justice Response
Decision to Grant CCPI Intervenor Status
CCPI Memorandum of Fact and Law FCA
Federal Court of Appeal Decision
Leave Sought to Appeal to the Supreme Court of Canada
Although she herself has been permitted to apply for a fee waiver, the Federal Government has now changed the Immigration and Refugee Protection Act so as to require the payment of fees before the Minister is “seized” of an application for Humanitarian and Compassionate Review. The victory Nell Toussaint won in relation to statutory interpretation applies only to her situation and does not help the many others in her circumstances. So Nell decided to seek leave to appeal the constitutional rulings against her that were made by the Federal Court of Appeal to the Supreme Court of Canada. CCPI filed an affidavit of the chairperson, Bonnie Morton, in support of Nell Toussaint’s leave application.
The following are the important documents in relation to Nell Toussaint’s Application for Leave to Appeal to the Supreme Court of Canada:
CCPI Affidavit in Support of Application for Leave to the Supreme Court of Canada
Application for Leave to Appeal to the Supreme Court of Canada
Respondent's Memorandum on Application for Leave to SCC
Applicant's Reply on Application for Leave to SCC
Access to Justice - Advance Costs Awards: R. v. Caron
CCPI joined in coalition with three other Equality Seeking Groups (LEAF, CCD, PHRC) to intervene at the Supreme Court of Canada in the case of R. v. Caron, 2011 SCC 5. The case deals with eligibility for advance costs awards in public interest Charter litigation concerns the discretion of the Courts to award advance costs to claimants who would otherwise be unable to litigate their public interest claims. The decision of the Supreme Court will have significant implications for access to justice for disadvantaged and marginalized groups.
Factum of CCPI et al in R v Caron
The Right to Life in Access to Health Care: Chaoulli v Quebec
CCPI Intervenes at the Supreme Court of Canada in Chaoulli v Quebec to Argue for an interpretation of the right to life in access to health care that includes those who cannot afford to pay for private health care insurance.
CCPI -CHC Factum in Chaoulli SCC
CCPI - CHC Memorandum on Rehearing on Remedy
A Right to Healthcare only if You Can Pay for it " (2005) 6 ESR Review.
CCPI Challenges the North American Free Trade Agreement (NAFTA) For Failing to Protect Fundamental Human Rights
CCPI joined with the Council of Canadians and CUPW in an historic constitutional challenge to NAFTA. Sadly, neither the Superior Court nor the Ontario Court of Appeal were willing to address the critical issues raised by CCPI, finding that the Charter issues were premature. The arguments raised by CCPI, however, have become central to human rights challenges to trade and investment agreements. See the following documents:Bruce Porter, " Canadian Constitutional Challenge to NAFTA Raises Critical Issues of Human Rights in Trade and Investment Regimes " (2005) 2 ESC Law Quarterly.
CCPI Memorandum for Leave to Appeal to the Supreme Court of Canada
See also the following from Superior Court Trial
Factum of the Applicants (word format)
Factum of the applicants at Superior Court pdf format
Factum of the respondent at Superior Court