Gosselin Impact Study

The Gosselin Impact Study was drafted following a national consultation on the use of Canadian equality jurisprudence as a tool for advancing social and economic rights.

In May, 2004 LEAF, in partnership with the Income Security Advocacy Clinic (ISAC), hosted a national consultation focused on an examination of Canadian equality jurisprudence as a tool for advancing social and economic rights. The main focus of this consultation was an assessment of the current state of the jurisprudence relating to socio-economic equality rights, theories of equality and economic security, and particularly the impact of the Supreme Court of Canada decision in Gosselin v. Quebec. The consultation was attended by approximately 60 participants from across Canada. The participants included legal theorists, equality practitioners, equality and anti-poverty advocates, and representatives from equality seeking organizations. There was widespread interest in this consultation, and the feedback received on the consultation was very positive.

The Gosselin Impact Study was informed by the presentations and discussions at the LEAF/ISAC 2004 consultation. The paper includes an analysis of the Supreme Court of Canada’s decision in Gosselin. The paper also examines how the test for discrimination established by the Supreme Court in Law v. Canada is applied to the disadvantage of the claimant in Gosselin. The paper includes an analysis of poverty law and social and economic rights, specially as they relate to women, in a broader context beyond the Gosselin context. The paper also includes two appendices, appendix “A” is an inventory of the evidence introduced by the parties at trial in Gosselin, and appendix “B” is a summary of the judicial impact of Gosselin, highlighting the cases in which Gosselin has been followed and distinguished.

The paper was written by Fiona Sampson.

Download the paper below.