Gosselin Case Study

Improved Essays
In this case (Gosselin vs Quebec) we witness one of the first poverty cases under the Canadian Charter of Rights and Freedoms to reach the Supreme Court of Canada. Gosselin not only representing herself in this case, but also representing a class of social assistance recipients. Those social assistance recipients below the age of 30 are heavily misunderstood and the majority, stipulates a negative stigma toward those within that class. It is through this evident stereotype we see unpersuasive evidence supporting the majority’s decision, as well as an embracing of this negative stereotype by the majority of the Court. Firstly, we must strongly acknowledge the appeal(s) in question throughout this case; Ms. Gosselin, representing herself and …show more content…
The first appeal in question here is Section 15 of the Canadian Charter of Rights and Freedoms. This specific section prohibits certain forms of discrimination perpetrated by governments of Canada with the exception of ameliorative program. After examination of the specific factors the Court found that this did not support a finding of discrimination and/or denial of human dignity. Having to evaluate this case from a “young person” perspective it is quite appalling, as the court says it doesn’t impact human dignity (Brodsky 2004). Receiving social assistance as a young person is not the “young person dream” to say the least, not nowadays , nor back in the 80’s , oftentimes this assistance allows young people to live somewhat sustainably and enable them with enough income to work towards attaining a job , or an education/program that will attain them a job in the future. In the 1980’s the Canadian Economy was going through a deep …show more content…
Therefore, we can examine the deprivation of social assistance to those under 30, not only where they deprived of financial stability , but they were also deprived of economic opportunity as those programs in question were incapable of equally providing all members of that specific class with opportunity for advancement. The court in this case refused to protect this right through inactively securing some 750,000 the right to security. Simply denying the basic means of subsistence based solely on age classification is appalling. It creates a subliminal hierarchy, where the older you are the higher you rank on in regards to social assistance pay scale (Brodsky 2004). This is not a simple means of gaining “seniority” as per described in the workplace, where your dedication to an organization can be recognized through extra-curricular benefits; but instead relies on your years living to determine eligibility. Leaving the question what differentiates the able bodies of a 29

Related Documents

  • Improved Essays

    The nature of the proceeding in the case of Winnipeg Child and Family Services (Northwest Area) v. D.F.G is an appeal. The name of the court hearing the proceedings was called the Manitoba Court of Appeal. The judges writing the majority decision are: Lamer C.J. and La Forest, L’Heureux-Dube, Gonthier, Cory, McLachlin,…

    • 1735 Words
    • 7 Pages
    Improved Essays
  • Superior Essays

    R V Labaye Case Study

    • 1458 Words
    • 6 Pages

    This essay will discuss the case of R v. Labaye. A summary of the nature of the proceeding and the judges writing decision, facts, legal issues, the decision, judicial reasoning and a thorough analysis will be addressed in this essay. I prefer the reasoning of the majority decision as it is reasonable and ethical. The nature of the proceeding is an appeal heard from the Supreme Court of Canada.…

    • 1458 Words
    • 6 Pages
    Superior Essays
  • Decent Essays

    In 1981, Congress proposed enactment to build up a national focus on senior manhandle, however the bill never achieved the floor of Congress. At last, in 1989, Claude Pepper presented that proposition as a revision to the Older Americans Act. The national focus was subsidized the next year and started the central government's particular sense of duty regarding this zone, yet with little measures of cash. However, at any rate senior manhandle had been perceived in government enactment. At first the conceptualization of this issue was not of grown-ups requiring security and wellbeing.…

    • 333 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    residential schools for aboriginal children). It may have been established in such a way so that aboriginals may preserve their culture and pass it down through generations. S. 7 of the Canadian Charter of Rights and Freedoms states everyone has the right to life, liberty and justice and may not be deprived thereof except in accordance with the principles of fundamental justice. From my understanding, these rights may be taken away to deliver justice; so in accordance to subsection 17(5) of the Act, the rights stated in s. 7 are taken away by subsection 17(5) of the Act such that aboriginals may not lose their culture and heritage. In the case of Yves De Clerico and Madeline Haque v. Ontario (Children and Youth Services) and Justin Benoit, subsection 17(5) of the act does infringe s. 7 of the charter and cannot be justified because a) all steps have been taken by Yves De Clerico and Madeline Haque to preserve Jeffrey’s culture and heritage, and b) Yves and Madeline are better fit to be parental guardians for Jeffrey than Justin Benoit due to his lack of experience and his history of drug abuse, in addition to not being present in Jeffrey’s life, therefore there is no justice owed to him (Justin) with regards of having the right to take care of his…

    • 841 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The Canadian Association of Elizabeth Fry Societies (CAEFS) is an association of groups operating under the Elizabeth Fry Society Banner that advertises as an agency devoted to helping women and female youth who are, or may be, at risk of coming into contact with the law. The society has multiple charters throughout Canada and they offer a variety of different programs and services to provide women with confidential and supportive living and learning environments. The association exists to ensure substantive equality in the development and delivery of programs and services through public education, research, and legislative and administrative reform. This paper will analyze and critique The Elizabeth Fry Society; in particular, its strengths…

    • 2145 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    Children are incapable of avoiding poverty by virtue of their relative’s socioeconomic status, because they are reliant on assistance from others. The experience of poverty in childhood contributes significantly to a person’s subsequent health and wellbeing (Davidson, 2014). Growing up in relative poverty, unable to acquire the minimum average standard of living, can lead children to suffer higher incidences of adverse health because of exposure to countless hardships. In Heather O’Neill’s novel Lullabies for Little Criminals, she demonstrates the powerful impact social determinants of health can have on Canadian’s quality of life. In the case of Baby, growing up in a low-income family added stressful dynamics to the relationships she had,…

    • 1175 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The readings on socioeconomic class talk about the inequality within institutions. To be specific, Duffy and Mandell’s reading talks about the cycle of poverty, with the different perspectives of welfare and whose “worthy” to receive it without the title of laziness or irresponsible attached to it, plus the physical and emotional strain it has on individuals and those around them. Duffy and Mandell also expand on the role of women and the inequality within the workplace. Mooney goes into depth about the myths and realities of welfare and the perspectives individuals hold towards those who are in lower and higher classes. Mooney also talks about the discreteness in the topic of class because majority of Canadians are in the middle class,…

    • 1038 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Marginalization In Canada

    • 300 Words
    • 2 Pages

    I am currently a Master of Social Work student at University of Windsor and from being in the program, it had really opened my eyes about the negative impact that inequality has on marginalized groups. Canada is often described and portrayed as a land of opportunity and a place where people can live good lives. Unfortunately this is not the case for everyone since there are individuals and families who are currently living in poverty. A lot of Canadians are negatively impacted by child poverty, income inequality and gender equity which does not make sense especially for a wealthy country like Canada. In Windsor for instance, the west end is often given a bad name since there is a lot of run down homes and it is not as nice as the east end and…

    • 300 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    As unemployment was a national problem, the Canadian government saw that it should be a provincial and local issue causing the welfare system to be inadequate. As well, many families did not like the idea of being on welfare or had a hard time accepting charity because then they would be seen as less in the eyes of society. This caused many women to stretch out the wages even further. Debt was also becoming more familiar at this unfortunate time and people were…

    • 1601 Words
    • 7 Pages
    Great Essays
  • Great Essays

    Essay On Poverty In Canada

    • 1453 Words
    • 6 Pages

    Poverty in Canada: An Issue of Human Rights How would someone survive if they couldn 't find a job? Even if they could, what if that job wasn 't enough to support them and their family? This is the reality that many people in poverty face, just trying to survive in Canada. They may be poor, but they aren 't recognized unless they 're sitting on a street corner begging for money, or on an advertisement for the poor in a third-world country.…

    • 1453 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    In Canada Women’s right has been improved enormously. After WWII due to their participation in war, women were starting to be treated more fairly than before, but not equally as men. There were many factors that oppressed women in their daily life. Since the 1950s, many individuals and groups of women’s fought to improve women equal rights and attempt to involve in social, environmental and political roles equivalent to men. In the last 60 years, Canada has taken steps to improve women’s right; introducing the equal pay for equal work Act, allowing women to participate and have a high position in politics, and one of the biggest steps Canada has taken to improve women’s right is included equal treatment for men and women in The Charter Rights and Freedom.…

    • 793 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    This case shows that section 1 of the charter can be used to limit the individual’s rights, which in this case was fair and just relative to the eyes of the democratic society of Canada. The use of section 1 of the charter allowed for the promotion of strengthening…

    • 772 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    “They deserve to be poor” or “It was their own choice anyway” are not uncommon opinions that people have regarding certain sections of society. The recent resurface of a B.C. Liberal candidate’s insensitive tweet back at 2012 leading to resignation can be related to the article on residential schools, which the two share common issues such as poverty, cultural differences, or even the belief that money is the answer to such issues. People are more likely to clash in ideologies given a larger difference in sociological factors (e.g, age, gender, race and ethnicity) than those more closely related, especially when exercising ethnocentrism and eurocentrism. (Culture shapes the identity of people, and this identity sets out a worldview, the more…

    • 985 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Employment insurance is a social welfare that provides a safety net of temporary financial assistance to individuals who lose their jobs. The welfare system is essential and helpful when companies fail, causing workers being laid off and receiving compensation of payment during the periods in search of new jobs; however, this arises questions on justice and efficiency. To what degree would the employment insurance be overly generous in Canada? Is the welfare system just when the program is at the expense of productive and self-sufficient members towards individuals who abuse it (problem of free riders)? Could the amount of money and resources spent on employment insurance be allocated else where such as healthcare and education that would produce…

    • 806 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Political Culture of Malheur County To understand the political culture of a community, city, county, state, or even country-- one must first have a firm handle on the principles used to identify a political culture. As political culture stands, we have two models used to identify the bulk of the citizens in the political world. These two concepts can be labeled conservative and progressive. The conservative model correlates with a traditionalistic perspective, meaning, this view is best described as one wanting to maintain existing political order and leave the political participation to those in power (Bowman and Kearney, p. 18).…

    • 1975 Words
    • 8 Pages
    Great Essays