The immutable duty of restraint by the courts
A recent ruling by the Ontario Superior Court of Justice has defined homelessness as a 'constructively immutable' characteristic, which grants it protection under the Charter of Rights and Freedoms. This decision prevents the Regional Municipality of Waterloo from clearing a homeless encampment for a public transit project. The ruling has sparked debate about the implications of expanding the definition of immutable characteristics in law.
- ▪The Ontario Superior Court ruled that homelessness is a 'constructively immutable' characteristic.
- ▪This ruling prevents the clearing of a homeless encampment in Kitchener for a transit hub.
- ▪The decision has raised concerns about the potential for courts to overreach in defining rights.
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Open this photo in gallery:A man walks by the Superior Court of Justice in Toronto.COLE BURSTON/AFP/Getty ImagesShareSave for laterPlease log in to bookmark this story.Log InCreate Free AccountBeing homeless is many things: cold, miserable and dangerous, among them. But is being homeless also an unalterable condition, or in legal terminology, an immutable characteristic?Outside of a courtroom, the answer would be a firm “Of course not.” It may not be easy for someone who is homeless to find permanent accommodation.
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