Alternative Social Charter ^{^[1]}

Part 1

Social and Economic Rights.

1. In light of Canada’s international and domestic commitments to respect, protect and promote the human rights of all members of Canadian society, and, in particular, members of the most vulnerable and disadvantaged groups, everyone has an equal right to well-being, including a right to:

(a) a standard of living that ensures adequate food, clothing, housing, child care, support services and other requirements for security and dignity of the person and for full social and economic participation in their communities and in Canadian society;

(b) health care that is comprehensive, universal, portable, accessible, and publicly administered, including community-based non-profit delivery of services;

(c) public primary and secondary education, accessible post-secondary and vocational education, and publicly-funded education for those with special needs arising from disabilities;

(d) access to employment opportunities; and

(e) just and favourable conditions of work, including the right of workers to organize and bargain collectively.

2. The Canadian Charter of Rights and Freedoms shall be interpreted in a manner consistent with the rights in section 1 and the fundamental value of alleviating and eliminating social and economic disadvantage.

3. Nothing contained in section 1 diminishes or limits the rights contained in the Canadian Charter of Rights and Freedoms.

4. Governments have obligations to improve the conditions of life of children, youth and to take positive measures to ameliorate the historical and social disadvantage of groups facing discrimination.

5. Statutes, regulations, policy, practice and the common law shall be interpreted and applied in a manner consistent with the rights in section 1 and the fundamental value of alleviating and eliminating social and economic disadvantage.

6. Any legislation and federal-provincial agreements related to fulfillment of the rights in section 1 through national shared cost programs shall have the force of law, shall not be altered except in accordance with their terms and shall be enforceable at the instance of any party or of any person adversely affected upon application to a court of competent jurisdiction.

7. (1) The federal government has a special role and responsibility to fund federal-provincial shared cost programs with a view to the achievement of a comparable level and quality of services through the federation, in accordance with section 36.

(2) Accordingly, federal funding shall reflect the relative cost and capacity of delivering such programs in the various provinces with equalization payments where required.

(3) The federal government and provincial governments shall conduct taxation and other fiscal policies in a manner consistent with these responsibilities and with their obligations under shared cost programs.

8. The provisions of sections 1 to 7 shall apply to territorial governments where appropriate.

Part II

Social Rights Council

9. (1) By [a specified date], there shall be established by the [reformed] Senate of Canada the Social Rights Council (the Council) to evaluate the extent to which federal and provincial law and practice is in compliance with the rights contained in section 1.

(2) In evaluating compliance the Council shall:

(a) establish and revise standards according to which compliance with the rights in section 1 can be evaluated;

(b) compile information and statistics on the social and economic circumstances of individuals with respect to the rights in section 1, especially those who are members of vulnerable and disadvantaged groups;

(d) educate the public and appropriate government officials;

(e) submit recommendations to appropriate governments and legislative bodies;

(f) encourage governments to engage in active and meaningful consultations with non-governmental organizations which are representative or vulnerable and disadvantaged members of society; and

(g) carry out any other task that is necessary or appropriate for the purpose.

(3) In evaluating compliance with Part 1 the Council shall have the power to:

(a) hold inquires and require attendance by individuals, groups or appropriate government officials;

(b) require that necessary and relevant information, including documents, reports and other materials, be provided by governments; and

(4) The government or legislative body to which recommendations in section 9(2)(e) are addressed has an obligation to respond in writing to the Council within three months.

(5) With respect to Canada’s obligations under international reporting procedures that relate to the rights in section 1, the Council shall:

(a) assist in the preparation of Canada’s reports under such procedures;

(b) actively consult with non-governmental organizations representative of vulnerable and disadvantaged groups, and encourage governments to engage in similar consultations;

(c) have the right to append separate opinions to the final versions of such reports before or after they are submitted to the appropriate international body; and

(d) make available a representative of the Council to provide any information requested by the appropriate international body.

(6) The Council shall respond to any request for information or invitation to intervene from the Tribunal established under section 10 and the Council shall have the right to intervene in any proceedings before the Tribunal.

(7) The Council shall be independent and shall be guaranteed public funding through Parliament sufficient for it to carry out its functions.

(8) Persons appointed to the Council shall have demonstrated experience in the area of social and economic rights and a commitment to the objectives of the Social Charter.

(9) (a) All appointments to the Council shall be made by

(b) One-third of the appointments shall be from nominations from each of the following sectors:

(i) the federal government

(ii) the provincial and territorial governments; and

(iii) non-governmental organizations representing vulnerable and disadvantaged groups.

(10) [self-governing aboriginal communities]

Part III

Social Rights Tribunal

10. (1) By [a specified date], there shall be established by the [reformed] Senate of Canada the Social Rights Tribunal of the Federation (the Tribunal) which shall receive and consider petitions from individuals and groups alleging infringements of rights under section 1.

(2) The Tribunal shall have as its main purpose the consideration of selected petitions alleging infringements that are systemic or that have significant impact on vulnerable or disadvantaged groups and their members.

(3) The Tribunal shall have the power to consider and review federal and provincial legislation, regulations, programs, policies or practices, including obligations under federal-provincial agreements.

(4) Where warranted by the purpose set out in section 10(2), the Tribunal shall:

(a) hold hearings into allegations of infringements of any right under section 1; and

(b) issue decisions as to whether a right has been infringed.

(5) Where the Tribunal decides that a right has been infringed it shall:

(a) hear submissions from petitioners and governments as to the measures that are required to achieve compliance with the rights in section 1 and as to time required to carry out such measures; and

(b) order that measures be taken by the appropriate government(s) within a specified period of time.

(6) (a) In lieu of issuing an order under section 10(5)(b), the Tribunal shall, where appropriate, order that the appropriate government report back by a specified date on measures taken or proposed to be taken which will achieve compliance with the rights in section 1.

(b) Upon receiving a report under section 10(6)(a), the Tribunal may issue another order under section 10(6)(a) or issue an order under section 10(5)(b).

(7) (a) An order of the Tribunal for measures under section 10(5)(b) shall not come into effect until the House of Commons or the relevant legislature has sat for at least five weeks, during which time the decision may be overridden by a simple majority vote of that legislature or Parliament.

(b) The relevant government may indicate its acceptance of the terms of an order of the Tribunal under section 10(5)(b) prior to the expiry of the period specified in section 10(6)(a).

(8) Tribunal decisions and orders shall be subject to judicial review only by the Supreme Court of Canada and only for manifest error of jurisdiction.

(9) The Tribunal may, at any stage, request information from, request investigation by, or invite the intervention of the Social Rights Council.

(10) The Tribunal shall be made accessible to members of disadvantaged groups and their representative organizations by all reasonable means, including the provisions of necessary funding by appropriate governments.

(11) The Tribunal shall be independent and shall be guaranteed public funding through Parliament sufficient for it to carry out its functions.

(12) (a) All appointments to the Tribunal shall be made by the [reformed] Senate of Canada.

(b) One-third of the appointments shall be from each of the following sectors:

(i) the federal government;

(ii) provincial and territorial governments; and

(iii) non-governmental organizations representing vulnerable and disadvantaged groups.

(13) [The Province of Quebec] [Any province] may exclude the competence of the Tribunal with respect to matters within its jurisdiction by establishing a comparable tribunal or conferring competence on an existing tribunal.

(14) [Self-governing aboriginal communities]

Part IV

Environmental Rights

11. In view of the fundamental importance of the natural environment and the necessity for ecological integrity,

(a) everyone has a right:

(i) to a healthful environment;

(ii) to redress and remedy for those who have suffered or will suffer environmental harm;

(iii) to participate in decision making with respect to activities likely to have a significant effect on the environment.

(b) all governments are trustees of public lands, waters and resources for present and future generations.

^{^[1]} As released March 27, 1992 by the Charter Committee on Poverty Issues, the Centre For Equality Rights in Accommodation and the National Anti-Poverty Organization on behalf of a broad coalition of concerned citizens, organizations and constitutional experts from St John’s to Vancouver, for consideration in the constitutional negotiations that were underway at that time.