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Are B.C.'s Welfare Limits Legal?
The Liberals' new welfare cutoffs signal more than a mean turn for Canadian values. They may violate the Charter of Rights and Freedoms.
British Columbia is the only province in Canada to place an arbitrary time limit on welfare eligibility. The provincial government has instituted a rule limiting social assistance eligibility to only 24 out of every 60 months. Starting on April 1st 2004, "employable" people who have received welfare for two years will be cut off.
"Employable" people with children over three will not be cutoff, but will lose $100 per month from a cheque that is already inadequate to meet basic needs. Housing experts predict that more women and children will be homeless after April 1 because they will not be able to pay their rent.
The flat denial of welfare, and the reduction of an already inadequate rate, based on a time limit, is a serious break with Canadian social policy of the last fifty years. Canada has built a somewhat patchy, but important social safety net, based on an understanding that collectively we should provide everyone with protections against "universal risks to income", that is, against those natural and market events that can make any one of us unable to provide for ourselves and our families - sickness, disability, old age, child-bearing, unemployment and underemployment. We have agreed that Canada should distribute its resources in a way that provides a social minimum when these events threaten our security, either temporarily or permanently.
Not about laziness
Social assistance is the very bottom of the social safety net, available only to those who are in the most extreme need, who have no employment, and who have exhausted their savings and any other benefits to which they may be entitled.
Now British Columbia is about to cut people off social assistance - not because they are no longer in need, but because their period of need has lasted longer than the government would like. The predictable results will be: British Columbians begging and stealing to survive; women and girls under pressure to exchange sex for money, or for food and shelter; and more men, women and children homeless, hungry and without adequate clothing.
This is a significant step away from the Canadian social solidarity that we have taken pride in. All Canadians should care about what vision of society this policy offers. It blames the poorest of us for our poverty. It harkens back to an old social Darwinism, implying that the market always rewards fairly those who compete, and that those who stumble are lazy and undeserving of our concern. But the market is not even-handed. In fact, it disproportionately rewards the rich, and recent decades of social policy have been designed to soften the edges of market-created inequalities.
People who are poor are not lazier than people who are rich. They are competing for marginal jobs in a provincial economy where average unemployment stands at 9 percent, and rates in rural areas are much higher. Nonetheless, Premier Campbell, following in the footsteps of Premiers Klein and Harris, is bent on persuading us to divide ourselves from those who are poor in Canada, to treat them as "other", as market failures who can be punished and abandoned with impunity.
Violates basic human rights
Not only is the 24-month cutoff bad social policy, based on inaccurate assertions and prejudices, it also violates basic human rights values that Canadians share, and that are expressed in both the Canadian Charter of Rights and Freedoms, and in international human rights treaties that Canada has ratified.
Section 7 of the Charter guarantees everyone the rights to life, liberty and security of the person. Access to welfare is so closely connected to basic health and survival that a meaningful interpretation of this guarantee must recognize government's obligation to provide welfare to a person in need.
Section 15 of the Charter guarantees everyone equality, without discrimination based on race, sex, disability and other factors. The core value of this guarantee is that every person is equal in worth and dignity. In a country as wealthy as Canada, to refuse assistance to a person in need, as Premier Campbell will do in just four months, is a blatant signal that that person is not regarded as equal in worth. Canada's constitutional equality guarantee requires governments to recognize that poor people in general, and people who rely on social assistance in particular, are a group that is negatively stereotyped and politically marginalized. The onus is on governments to lessen this prejudice and inequality, not compound it.
Constitutional challenge in the works
Lack of access to adequate social assistance also exacerbates the inequality of other disadvantaged groups -- women, Aboriginal peoples, people of colour, and people with disabilities -- who are all over-represented among the poor. Their higher rates of poverty are one outcome of the diverse forms of discrimination they experience. Poor-bashing agendas that deepen pre-existing disadvantage by depriving people of access to food, clothing and shelter are inconsistent with our commitment to equality.
Rights to food, clothing and housing are also recognized as fundamental human rights in international treaties. Particularly important is Article 11 of the International Covenant on Economic, Social and Cultural Rights. It obligates Canada to progressively realize the right of everyone to an adequate standard of living including adequate food, clothing, and housing. Canada ratified this treaty in 1976, with the consent of the Province of British Columbia.
Sections 7 and 15 of the Charter are understood to give life to Canada's international human rights obligations, and to provide for the enforceability of those rights by Canadian courts. During times when governments' commitment to human rights is weak, it is especially important that courts ensure that every person, including the poorest and most disadvantaged, is treated with respect and concern.
Non-governmental organizations and lawyers are preparing a constitutional challenge to the 24-month cutoff rule now. But destitute people should not be forced to turn to the courts. Before a challenge is brought to court, the Government of British Columbia should simply repeal this bad law. It breaks with the Canadian social compact, violates basic human rights and abandons the most vulnerable people in the province.
Gwen Brodsky and Shelagh Day are Directors of the Poverty and Human Rights Project in Vancouver, and research associates with the Canadian Centre for Policy Alternatives. They are working with others on the constitutional challenge to the 24-month time limit. ![]()



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Sam Wagar (not verified)
8 years ago
I would like to think that there were a political alternative that would effectively address this kind of social Darwinism, this simple unethical cruelty. Unfortunately the New Democratic Party when in power also cut the welfare rates and attacked the poorest. There is an ethical vacuum that is really beyond the political process at present - what is expedient, what will get votes, what will satisfy powerful interests (whether the yellowdog unions like IWA or the companies that employ them - whether the NDP or the Liberals does not make that much difference) has no regard for building communities. Those forces, whether the truly progressive conservatives ("Red Tories" like Orchard) or community-based ethical socialists like the Green Party, who could potentially combine to reverse this harsh neo-liberalism are still developing their vision and their organizations. But that is where the hope is. Good Yule - with the death ad rebirth of the sun this year, let us give birth to hope and compassion anew.
Charlotte Gottschau (not verified)
8 years ago
I second Sam Wagar's comments.
bear604 (not verified)
8 years ago
I don't - at least not all of them. The IWA needs to seriously get its act together, but I take issue with Adrianne Carr's Green Party as being "socialist" or for that matter, ethical. Carr clearly stated in the 2001 election Leaders Debate (on the issue of pay equity): "We trust business to do the right thing." The Greens ran candidates like Evelyn Kirkaldy in North Vancouver-Seymour who openly advocated Right to Work legislation, which destroys Unions by cutting off their funding. It's no coincidence that in the United States, the higest rates of poverty are among those States with Right to Work laws. The Harcourt administration made an error in judgement by cutting welfare rates, but I strongly believed they were backed into a corner when the Klein Tories in Alberta tried to solve its phony deficit crisis by exporting welfare recepients to British Columbia Also, I take great offense at anyone who says the NDP are no different from the Liberals. It strikes me as intellectual laziness, if not dishonesty, that one does not actually look at what the party accomplished in government to support communities, and where the party stands now in oppostion to the disaster the Campbell Liberals has inclicted on BC communities. My festive wish is that some people actually Perhaps talk to New Democrats about the mistakes of the past and the challenges of the future before passing judgement based on a few mistakes blown out of proportion by certain media outlets.
Olga V.T. (not verified)
8 years ago
Welfare recipients are easy to attack because everybody knows somebody (or knows somebody who knows of somebody) abusing the system. These are concrete examples, making it easy for the Liberals (and previously the NDP) to target. What we forget is that the system invites abuse because for at least the past 8 years, welfare income is inadeqate. To survive, one must abuse the system.Secondly, we fail to look at relative abuses. For instance, a Minister must work approximately 38 minutes a day, for 22 days (1 month) to earn the same as a welfare recipient. When a Minister surfs the web while sitting at the legislature, travels, takes personal phone calls, goes to the washroom, networks at the water-cooler, or gets a coffee on office time, it's quite easy for them to waste an equivalent of a welfare recipient's income.Finally, of course, we fail to look at corporate welfare, where abstract unknown international corporate owners get away with paying minimal or no taxes whatsoever and having access to numerous loopholes, while reaping more than their share of benefits from the BC highways, environment, water, infrastructure and so on, and exporting their profits. How can be attack the unknown?Welfare recipients, on the other hand, are easy.
Jay Currie (not verified)
8 years ago
The cutoffs and the low welfare rates are borne by the poor but are the products of the tradeoffs which governments, Liberal or NDP have to make. If you want to eliminate the cutoff, or raise the rate, where would you take the money? From health care? Teachers' salaries? While you can eliminate the so-called corporate welfare all you will do is ensure capital and jobs go to friendlier environments. Or you could increase the PST or provincial income taxes. In both cases you would see more tax evasion and more successful individuals moving out of the province. A more sensible approach would be to increase the amounts that welfare receipients can earn without losing their benefits. This would not increase the expenditures on welfare much and it would improve the quality of welfare receipients lives. It would also fill in the blanks on those welfare receipients resumes with real, paid, work. Looking at the number of stores looking for help iv Vancouver the basic jobs are here at least.
Fritzraven Sky (not verified)
8 years ago
The NDP has to be considered as a possible strategy if only because it constitutes the sole avenue of access to so-called government. Observe the number of literate responses herein and compare that to the level of response we can expect from government and government lackeys and government subcontractors. Because the machinery of the global corps(e) has become so seamlessly self-referencing, it is important to constantly expose its illegitimacy. But even more important to desert it and begin to create the networks which will be crucial to the recovery of a self-respecting human community. Here in Kamloops, the Mayor wrote an editorial on page A1 of the Daily Spews, stating that it was his responsibility to protect the citizens of Kamloops from the prostitutes of Kamloops. There is not one emergency bed for women in Kamloops - not one. Nonetheless, various provincial ministry offices have lots of brochures with 'emergency' phone numbers, advising women in need to contact those places for assistance. You can call all or some or most of them, but you won't be finding a bed... some are defunct, some are recently de-funded, and some are the plants, vassals and 'subcontractors' of misery put in place by a fascist regime in order to insulate themselves from legal action. When the time comes to charge these criminals, their subcontractors will be long gone. One of the most chilling manifestations of the social and moral dissolution of the BC government is its refusal to communicate in writing; they are indeed aware of the illegality and unconstitutionality of their actions, but are focused fully now on getting away with it... If the Canadian government sees fit to abandon working Canadians it is perhaps time for working Canadians to follow suit. And yes, it is certainly time to rebuild a sense of hope and dignity. Happy Chanukah.
sym (not verified)
8 years ago
Personally, I think increasing BC income tax wouldn't be a bad idea, since Van cannot sustain the huge rise in homelessness that this cutoff will lead to. But I am one of those low income 'lucky duckies' who does not pay much taxes so that's easy for me to say, right?
anne cameron (not verified)
8 years ago
why so much surprise, shock, and why so much moaning...?? SOMEONE voted for these arstles. We have too long taken our social programmes for granted and we have all of us done too little to try to expand them. But pissing and moaning isn't going to DO anything. Which of course brings the question WHO ELSE ... well, I'm stumped. My union organizing socialist grandfather warned me that you could take ALL politicians, put them in a sack of coal, shake, and when they came out they'd all look alike. He was, of course, a coal miner! Maybe we need to dust off the CCF manifesto and try to convince SHIRLEY DOUGLAS to move out here and head up the new CCF party. And then listen to the moaning and griping about increased taxes and.... "I dunno, you know"...
Quentin (not verified)
8 years ago
Am a little confused here - the other day, just immediately after the New Year, I read in our of our illustrious BC daily newspapers that the government was saying that while some people will obviously be affected if the welfare-ouster program comes into effect, it won't be that many, likely not the thousands being talked about but some hundreds. Then they promised to look into the actual figures for us. So, with less than three months to go, they're finally going to dig up some figures on a programs that was announced months ago. So do they really have no idea of the numbers and have thrown the program together based on guess-timates (and it won't save them much money anyway)? Or do they really know the figures but daren't admit to them? It has to be one way or the other.
fritzraven sky (not verified)
8 years ago
Quentin: It is the other. They know the figures and don't dare admit it. More to the point they don't dare fight their case in a court of law. That is why nothing is in writing and no one has a last name and certainly won't be signing anything. It is time to desert the fascists; they are not in government, they are the 'government' and they have help from criminals far more organized than themselves. gordo aspires to organized crime but so far can't get enough brain cells firing to get there; but don't worry, he's got lots of help from weaponry registered and otherwise.
betty (not verified)
7 years ago
I can agree that it won't really affect that many. I know persons who have abused the system over the years. And, it isn't like if you have a disability, you're given a time limit. It's actually incredibly difficultto get income assistance now. They check you out thoroughly. I actually had to apply for income assistance last January as I had exhausted my savings and could't get a new job. When I applied, a month later thier verdict was "well, we'll give you this cheque for $185.00 dollars " wha....? They had checked out any bank accounts I might have had and noticed that my ex had 1500 dollars in one of the accounts. They instructed me to steal my ex's money from our joint bank account, which I hadn't contributed to in over six months and had been too lazy or thoughtless to take my name off of. None of the money was mine but because my name was still on it, I should have taken the money? what kind of bs is that? If they could go so far as to check out my ex's balance, they could also have seen that I hadn't used the debit card, made any withdrawels or deposits in over six months. When prior to that, I was the only signature you would find on the account. oh yeah, steal ! and don't expect us to help you out in any way (though I had paid into the system for years) Meanwhile the hooker in the next booth to me was smiling because she had her check in hand.
Michelle (not verified)
7 years ago
I am trying to get a hold of the b.c government online and tell them their policy is stupid. how are people supposed to live in b.c without knowing they have some sort of welfare. for the poor who cant get a job at the end of two years they are either out on the streets or have to leave the province. they would probably after the end of two years on welfare when they were denied assistance somehow have to leave bc and move to alberta