TORONTO — The Canadian Civil Liberties Association (CCLA) welcomes the Ontario Superior Court of Justice landmark decision affirming that unhoused people are entitled to full constitutional protection under the Charter and that governments must apply a human rights-based approach in responding to homeless encampments.
In a historic ruling by Justice Michael Gibson, the Court recognized homelessness as an analogous ground of discrimination under section 15 of the Canadian Charter of Rights and Freedoms for the first time in Canadian law. The decision confirms that unhoused people are constitutionally protected rights-holders and that governments must treat them with dignity, fairness, and humanity.
“The Court recognized a fundamental truth: unhoused people are not ‘others’ — they are members of our communities entitled to the full protection of the Charter,” said Harini Sivalingam, Director of Equality at the Canadian Civil Liberties Association. “This decision is a huge step forward for substantive equality and human rights in Canada.”
The CCLA intervened in the case to emphasize that encampment evictions engage fundamental Charter protections, including equality rights, procedural fairness, and Canada’s international human rights obligations.
The Court struck down the Regional Municipality’s site-specific bylaw authorizing the eviction of encampment residents, finding that government responses to homelessness must comply with constitutional and human rights obligations. The Court accepted arguments advanced by the CCLA that Canada’s international human rights commitments — including the right to adequate housing — are relevant and binding interpretive principles in Charter analysis.
Crucially, the ruling also holds governments to honour their own human rights commitments and homelessness strategies. This ruling makes clear that human-rights-compliant action is a prerequisite to any future enforcement measures.
“This decision sends a clear message to municipalities and provinces across Canada: applying a human rights framework is not optional,” said Howard Sapers, Executive Director of the Canadian Civil Liberties Association. “Forced evictions without adequate alternatives violate the rights and dignity of unhoused people. Governments must not sidestep these obligations.”
The CCLA is grateful for the excellent pro bono representation provided by Kristen Allen and Simone Truemner-Caron of Ursel Phillips Fellows Hopkinson LLP.
Read the decision here.
Read CCLA’s factum (written arguments) here.
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