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38 U.B.C. L. Rev. 539 (2005)
Section 7 and the Politics of Social Justice

handle is hein.journals/ubclr38 and id is 547 raw text is: SECTION 7 AND THE POLITICS OF SOCIAL JUSTICEt
MARGOT YOUNGt
I. INTRODUCTION
The concern that animates this paper is recognition of the tremendous social
and economic injustice that forms a central fault line of Canadian society.
While it is often tempting to feel complaisant about our country's reputation
as a kinder and gentler nation, this inclination is wisely resisted. The
statistics on poverty in Canada,' the tight mapping of the demographics of this
poverty on to groups targeted in our society by racism, sexism, colonialism,
and class exploitation, are profoundly troubling. Indeed, the National Council
of Welfare describes this situation as  ... a serious problem ... that affects the
t I was honoured to present a version of this paper at the Symposium Honouring the
Late Mr. Justice Kenneth Lysyk, held at the Faculty of Law, University of British Columbia,
November 5 & 6, 2004. Particular thanks are owed to Professors Phil Bryden and Robin Elliot
for inviting me to participate in this event. Comments from Hester Lessard were much
appreciated and I wish also to thank Kathy Grant and Lisa Phillips for their very able research
assistance on this paper. Acknowledgments for funding assistance with this paper are owed to
the Law Foundation of British Columbia and to the Community and University Research
Alliance programme of the Social Sciences and Humanity Research Council.
t Margot Young (B.A. U.B.C., 1983; LL.B. U of T, 1986; M.A. U of T, 1987, M.A.
UC Berkeley, 1992) is an Associate Professor of Law at the University of British Columbia.
I In a report issued November 2004, the National Council of Welfare reported that the
overall poverty rate in Canada was 14.4 percent in 2001. In absolute numbers that is an
estimated 4,393,000 people classified as poor, out of a total population of 30,467,000. More
specific poverty rates are as follows: 15.6 percent for children, 13.6 percent for adults under 65,
and 16.8 percent for seniors. Families led by single-parent mothers had a poverty rate of 42.4
percent in 2001. Unattached women 65 and older had a poverty rate of 45.6 percent. Among the
provinces, Newfoundland and Labrador had the highest poverty rate for all persons in 2001 at
17.6 percent. Ontario had the lowest rate at 11.7 percent. In terms of depth of poverty, hundreds
of thousands of poor Canadians lived on incomes of less than half the poverty line in 2001. This
figure includes 466,000 unattached individuals under 65 and 153,000 families with members
under 65. Indeed, Canada's total poverty gap-the amount of money needed to bring all poor
people up to the poverty line-was $18.6 billion in 2001. By contrast, Canada's gross domestic
product in 2001 was $1.1 trillion. In terms of income gap or the distribution of income in
Canada, even after the impact of government transfer payments and income taxes are taken into
account, the poorest 20 percent of the population had only five percent of the income in 2001
while the richest 20 percent had 43 percent of the income. (Canada, National Council of
Welfare, Poverty Profile 2001, (Ottawa: Minister of Public Works and Government Services
Canada, 2004) at 3-5.)

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