What is The Case Against Poverty (CAP)?
CAP is a united legal strategy being applied to a minimum of 14 legal claims. One case is being brought forward in each province and territory. One national case is also being launched. CAP is providing the missing piece of the puzzle, money and experience, to support the claims of affected individuals. With this combined approach our goal is to end the practice of legislated poverty in Canada and reduce systemic barriers and inequities. CAP will utilize and provide precedent for other jurisdictions.
What are the names of the cases?
The case selection process is very important and will take time. The first filings are planned for April 2025. At that time the named parties, or their agents, will be made available for public comment on the specific cases moving forward with the support of CAP. To suggest a case or claim info@caseagainstpoverty.ca
What do you plan to achieve?
CAP is about equity, better governance, greater accountability and transparency. As examples, CAP will be seeking tests that include a Treaty check and a vulnerable persons check before legislation can be passed. CAP will seek to impose obligations on governments to have programs be sufficient to meet their stated goals. CAP will seek to limit the idea of “negative incentive” to the correctional service and bar the concept from public administration in general as unconstitutional activity.
Why does CAP need donations?
We need to provide a more level playing field for claimants. The government and large organizations can afford to exhaust and delay claimants indefinitely. This is the imbalance CAP will correct. 80% of the initial $5m campaign budget will support claimants directly and provide professional legal counsel. 20% of the initial campaign budget will support operations and broader equity advocacy. Raising more than $5m will enable more robust support for claimants and support additional filings and advocacy.
How can CAP do what other cases haven’t?
CAP doesn’t exist in isolation. Even failed cases can lead to success or help other cases later. Our strategy does have advantages over the average claim. The primary advantage is knowing the system and being able to work inside the framework as it is while we work to create more equity. We understand what courts will and won’t do. Our goal is the establishment of tests, triggers and obligations that make all laws and government programs more compliant with the Charter. CAP is bringing options to the table not asking the courts or governments to invent remedies.
How long will it take?
CAP, as a non-profit, is slated to run from July 2024 to June 2027 inclusive. The legal cases may take longer to resolve. CAP exists to get the cases filed and ensure they have the resources to succeed. CAP does not control the speed of the court system. This is why the campaign suggests that by 2030 the central case will have made legislated poverty unconstitutional. It may take up to a decade for all 14 cases to resolve.
How does the CAP operate?
The CAP has a small staff and is governed by a steering committee of twenty one (21). Beyond that CAP welcomes volunteers in any capacity. CAP staff operations are in Ontario. While staff and steering committee membership requires residency in Canada, volunteer and financial support is welcome from anywhere.
What is CAP’s legal strategy?
CAP will remain adaptive to any new rulings as they come. The majority of claims are dismissed for technical grounds, not merit. The primary ability of CAP is knowing how to navigate the systemic barriers to get the cases heard at all. A large component of our strategy is to have general concepts the courts have agreed with in the past and turn those into proactive tests. Our legal strategy is to build mechanisms to prevent harms from happening in the first place. The specific strategy used with individual cases will be directed by the claimants, their legal team and the steering committee based on the circumstances of each case.