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38 Windsor Rev. Legal & Soc. Issues 1 (2017)
More than Wishful Thinking: Recent Developments in Recognizing the Right to Housing under S 7 of the Charter

handle is hein.journals/wrlsi38 and id is 3 raw text is: Windsor Review ofLegal and Social Issues MORE THAN WISHFUL THINKING: RECENT DEVELOPMENTS IN RECOGNIZING THE RIGHT TO HOUSING UNDER S 7 OF THE CHARTER *Scott McAlpine Abstract: This paper addresses recent developments in case law surrounding the recognition of a right to housing under section 7 of the Charter. I argue that for a right to housing to be guaranteed, section 7 interpretations must be expanded in scope to be beyond criminal law. Additionally, section 7 must be expanded to include positive rights. Reviewing the trajectory of Supreme Court of Canada (SCC) decisions, I find there is room for optimism on both fronts. Additionally, I review recent cases in the lower courts and conclude that while a right to housing has not (yet) been read into section 7, recent decisions have effectively done so by indirectly ordering a remedy of establishing shelter spaces. While the court has shied away from explicitly ordering this remedy, it has, nonetheless, all but mandated it. If this is not reading in a right to housing in a traditional sense, as in Vriend, it certainly amounts to much more than a wink and a nod in the direction of a positive right to housing. Vol. 38 1

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