Aboriginal Legal Services was in the Ontario Superior Court of Justice for three days in February in a case about whether the law that makes some kinds of panhandling illegal violates the Charter of Rights and Freedoms. ALS joined four other organizations – Justice for Children and Youth, the Income Security and Advocacy Clinic, the Canadian Civil Liberties Association and the Ontario Human Rights Commission – who intervened in the case brought by the Fair Change Clinic against the Ontario government.
The lawyers for ALS were Emily Hill and Christa Big Canoe. They argued that the law violates section 15, which protects equality, and section 7, which protects life, liberty and security of the person. ALS’ arguments focused on the over-representation of Indigenous people as those who experience homelessness and who need to panhandle to survive. ALS argued that poverty is an ongoing impact of colonialism and criminalizing people who need to ask for money to survive only makes a difficult situation worse. It also argued that the law perpetuated negative stereotypes about Indigenous people.
The case was heard by Justice Robert Centa. He reserved his decision, which means it will be released at a later date.
Emily Hill
Senior Staff Lawyer