Nova Scotia’s Court of Appeal has ruled that tents legally count as accommodations and the province cannot refuse enhanced income support to unhoused people living in them.
The ruling Wednesday by a panel of three judges overturned a Nova Scotia Supreme Court decision last year that found Bradley Lowe did not meet the eligibility requirements for enhanced income assistance because he lived in a tent.
The Appeal Court judges also determined a 2023 decision from the assistance appeal board was wrong to deny Lowe the enhanced rate because of his accommodations.
Lowe applied for assistance in 2023 and qualified for $380 per month, but he asked for — and was denied — the enhanced rate of $974 per month because he had a disability.
He died in December 2023, but his family kept fighting his case, and the Elizabeth Fry Society of Mainland Nova Scotia ultimately became an intervener in the proceeding.
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Emma Halpern, the non-profit’s executive director, said Wednesday’s ruling is a win that recognizes the humanity of the most vulnerable people in society.
“I feel like this is a win for all Canadians in that I really, deeply believe that we are only as healthy as our most vulnerable people,” Halpern said in an interview. “I hope that we will see some ripple effects into other provinces.”
Halpern said the society intervened to argue that women faced particular challenges when living in tents. Without a locking door, they are more vulnerable to physical and sexual violence.
She said they are more likely to work as caregivers, where they are required to maintain their physical appearance, Halpern said.
She said she was particularly pleased to see the court reject the province’s argument that offering more money to women at risk of violence might incentivize them to live in a tent, rather than go to a shelter.
“I’ve never heard of anyone deciding they want to live permanently in a tent so they can get an extra couple hundred bucks a month,” Halpern said. “The reason women are ending up in tents is because there are no beds in transition houses or women’s shelters.”
“You can get back on your feet so much quicker if you’ve not lost your funding and your housing at the same time,” she added.
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