Family law, Quebec
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Report recommends rights-based approach to tackle intimate partner violence and homelessness

The Quebec government should establish a comprehensive “made in Quebec” legal framework to tackle intimate partner violence by creating a specific right to adequate housing under the Quebec Charter of Human Rights and Freedoms and introduce comprehensive legislation that institutes a right to be free from domestic violence that includes legal recourses in civil matters, according to a report by legal experts.

Successive governments in Quebec have made important strides to provide better support to victims of intimate partner violence but “the time has come” to establish necessary policy foundations for a rights-based approach that should be anchored by Quebec’s international human rights obligations, affirms the report. The expert panel calls on the provincial government to follow in the footsteps of the federal government’s 2019 National Housing Strategy Act and explicitly incorporate the International Covenant on Economic, Social and Cultural Rights (ICESCR), a multilateral treaty signed by the United Nations General Assembly that came in force in 1976, in Quebec law.

“When you build your legal framework around a positive right, that’s going to change the entire approach,” remarked Pearl Eliadis, a McGill law professor and co-chair of the Gender Research Stream, one of several branches of the Québec Homelessness Prevention Policy Collaborative, that penned the report. The collaborative, founded in 2021, was established to advance policy reforms in Quebec to prevent homelessness. It is a joint effort between the McGill Department of Equity, Ethics, and Policy and the Old Brewery Mission, Quebec’s largest service provider for homeless men and the largest in Canada for homeless women.

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This story was originally published in The Lawyer’s Daily (now known as Law360 Canada).

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