Current and Recent Activities

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.

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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.

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CCPI Applies to Intervene 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

CCPI has applied jointly with the Canadian Health Coalition and the FCJ Refugee Centre to intervene in this critical case. Oral hearing on intervener motions set for January 14, 2022.

See the CCPI/CHC/FCJ Refugee Centre Factum for Leave to Intervene

See the Decision of the UN Human Rights Committee that Canada has refused to implement.

 

CCPI Makes Presentations to UN Human Rights Committee (2021) and the 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 the List of Issues for Canada (2020)

See List of Issues for Canada's Next Review (2020)

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 Committe on Poverty Issues, Pivot Legal Society and Justice for Girls Factum on Motion to Dismiss at Ontario Court of Appeal

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 852

Decision 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

CCPI Memorandum of Argument

Applicants' Expert Evidence

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 (Citizinship 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

CCPI 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.

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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

Notice of application

CCPI Affidavit

Notice of appeal

Factum of the Applicants (word format)

Factum of the applicants at Superior Court pdf format

Factum of the respondent at Superior Court

Affidavit of Andrée LaJoie

Affidavid of David Schneiderman

Affidavit of Sonarajah

Stephen Clarkson affidavit