LWSO5001 Lecture Notes - Lecture 7: Brian Dickson, Fundamental Justice, Basicneeds
Document Summary
Life, liberty, security of the person social citizenship, cb 1197-1128. Under quebec"s social assistance scheme, the base amount of money payable to claimants under 30 was one-third that payable to those 30 and over. They could increase their welfare payments to the same or slightly less by participating in educational or work experience programs. Gosselin brought a class action on behalf of all those under 30 affected by the old scheme. Arguments based on both s. 7 and s. 15. Mclachlin cjc: appellant argues right to security of the person includes the right to receive a particular level of social assistance adequate to meet basic needs. 3 elements to the claim: legislation affects an interest protected by s. 7, providing inadequate benefits constitutes a deprivation by the state. If deprivation of a right protected under s. 7 is established, this was not in accordance with principles of fundamental justice.
