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Social condition is only one aspect of social and economic rights. It has largely been defined by jurisprudence. It also has a subjective component, associated with the perceptions that are drawn from these various objective points of reference.

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A plaintiff need not prove that all of these factors influenced the decision to exclude. It will, however, be necessary to show that as a result of one or more of these factors, the plaintiff can be regarded as part of a socially identifiable group and that it is in this context that the discrimination occurred.

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Quebec courts have found social condition to include temporary situations [] such as unemployment. The difficulty associated with defining and operationalizing the concept has been identified both by the Quebec commission and by those who have considered including the concept as a ground within federal or provincial human rights legislation.

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As a concept it applies to Rather, it must be interpreted in a broad, liberal and flexible manner and must take into account a variety of factors including social origins, level of education, occupation and income.

The factors may not be exhaustive and may need to be adjusted to meet the circumstances of the particular case. Calls for Reform: Arguments for Adding Social Condition It is well recognized that poverty has historically been and continues to be a significant source of social stigma: For people who are poor, negative stereotypes and social stigma are a constant fact of life: in the popular media, in their dealings with landlords, with financial institutions, with school officials, with stores and sales staff, with neighbours and strangers, with social welfare agencies, with other government officials, and with the legal system.

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People who are poor are subjected to stereotyping, prejudice and discrimination in all aspects of life including employment, the provision of goods and option condition what is it and in accommodation. However, the systemic disadvantaging which option condition what is it brings had no explicit recognition in most Canadian anti-discrimination laws. The Canadian Bar Association British Columbia Branch has eloquently summarized the plight of the poor: People who live in poverty are subject to widespread systemic discrimination.

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These people are routinely denied housing and access to services and they are reviled in popular culture as being morally inferior. People who live in poverty are not even on the political agenda.

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They are marginalized to the point of invisibility. This is precisely the kind of societal disadvantage and exclusion that human rights legislation is meant to alleviate.

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Without protection on the basis of poverty, human rights legislation may be unable to truly address the complex experience of those who are most disadvantaged. For example, as the Supreme Court of Canada has traditionally taken significant guidance from human rights tribunals on issues of equality, including social and economic rights in human rights legislation will promote the development of equality jurisprudence that can be carried over to Charter claims.

The Canadian Human Rights Commission has acknowledged that poverty is a fundamental human rights issue in Canada, inextricably linked with violations of the right to equality guaranteed under the Canadian Human Rights Act.

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Experience suggests that it is largely those who are most vulnerable in our society by virtue of the various prohibited grounds of discrimination — for example, women, Aboriginal people or people with disabilities - who are also more likely to be poor The international community has recognized for some time that human rights are indivisible, and that economic and social rights cannot be separated from political, legal or equality rights. It is now time to recognize poverty as a human rights issue here at home as well.

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The Bill passed unanimously through the Senate and, on October 19,received first reading in the House of Commons. Five days later, Bill S was defeated on second reading.


In Junethe Review Panel released its report recommending the addition of social condition as a ground in the Canadian Human Rights Act. Accordingly, it recommends the inclusion of social condition, defined in a manner similar to the Quebec definition but limited only to disadvantaged persons.

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The report acknowledges a need for exemptions and some deference to government where complex social-policy issues are involved but also recommends that Cabinet engage in a process of reviewing government programs to reduce discrimination against the poor.

The Review Panel declined to recommend the addition of social and economic rights recognized in international covenants, such as the right to adequate food, housing and health care.

To date, there has been no indication as to whether the recommendation with respect to social condition will be adopted.

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Incorporation of social condition in the Canadian Human Rights Act is seen as a starting point, as many of the most important areas such as health, education and housing, and the majority of human rights claims, fall under provincial jurisdiction.

Some of the provinces have also considered the issue. Human rights reform proposals in New Brunswick, Saskatchewan and British Columbia have indicated strong support for inclusion of social condition in their human rights legislation. Alberta, British Columbia, Newfoundland and Prince Edward Island have also had recommendations to include some form of protection for level or source of income.

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Concerns with Adding Social Condition In the debate over social condition, several arguments against its inclusion in human rights legislation have been advanced. One concern is the lack of a broadly accepted meaning or definition for the concept.

Due to this lack of clarity, it is argued that including social condition could lead to a flood of tribunal cases and lengthy court litigation aimed at defining and implementing the ground.

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A related argument is that this new ground would overshadow and detract from traditional grounds of discrimination that require equal attention. The addition of social condition could be an added drain on these resources and could add to the backlog problem.


A related issue is whether the new ground would permit human rights commissions to take governments to task for not providing an adequate standard of living for citizens.