Keith Mack
Poverty law in Canada is a complex and multifaceted area of law that addresses the legal and societal issues surrounding poverty and seeks to uphold the fundamental human rights of those living in poverty. Canada's Poverty Reduction Strategy, which includes the Poverty Reduction Act, aims to reduce poverty by setting targets, establishing an official poverty line, and creating indicators to monitor progress. This strategy also addresses systemic barriers, such as racism and discrimination, that contribute to poverty. The National Advisory Council on Poverty plays a crucial role in advising the government and fostering a national dialogue on poverty reduction. Additionally, international human rights treaties ratified by Canada, such as the International Covenant on Economic, Social and Cultural Rights and the Universal Declaration of Human Rights, also shape the legal framework surrounding poverty in Canada. Understanding poverty in Canada involves examining indicators like Low-Income Cut-offs and the Market Basket Measure, which help assess the effectiveness of initiatives designed to alleviate poverty.
| Characteristics | Values |
|---|---|
| Purpose | Continuous monitoring of poverty reduction in Canada |
| Official poverty line | First introduced in 2018 |
| Poverty reduction targets | 20% reduction by 2020, 50% reduction by 2030 |
| Metrics | Official Poverty Line, Deep income poverty rate, Unmet housing needs and chronic homelessness indicator |
| National Advisory Council on Poverty | 8-10 members, including a Chairperson |
| Ministerial Advisory Committee | Provides advice to the Minister of Families, Children and Social Development on poverty-related issues |
| Human rights | Non-discrimination, right to life, right to an "adequate standard of living" |
| International treaties | International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child, Convention on the Rights of Persons with Disabilities, Universal Declaration of Human Rights |
| Systemic barriers addressed | Racism, discrimination, LGBTQ2 issues |
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What You'll Learn
Canada's Poverty Reduction Strategy
The strategy, titled "Opportunity for All", includes specific goals: to reduce poverty by 20% by 2020 and 50% by 2030, relative to 2015 levels. To achieve these goals, the government has implemented various programs and initiatives, such as the Canada Child Benefit and increases to the Guaranteed Income Supplement. Additionally, the National Housing Strategy addresses the need for secure housing, a fundamental aspect of ensuring citizens can live with dignity.
The strategy also addresses systemic barriers, such as racism and discrimination, that hinder the progress of certain Canadians. This includes addressing historic and current discrimination against LGBTQ2 individuals and protecting the rights of transgender and gender-diverse persons. The government has also committed to launching cross-country consultations to develop a new national anti-racism approach.
To ensure accountability, the government established the National Advisory Council on Poverty. This council advises the government on poverty reduction strategies and reports annually to Parliament and Canadians on the progress made toward meeting the targets. The council fosters a national dialogue on poverty reduction and ensures that the reduction of poverty remains a priority for all future governments.
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International human rights law
Canada has ratified a number of international human rights treaties that specifically relate to poverty. These include:
- Articles 2, 6, 7, 9, 11, 12 and 13 of the International Covenant on Economic, Social and Cultural Rights
- Article 6 (1) and 17 of the International Covenant on Civil and Political Rights
- Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination
- Articles 11, 12, 13, and 14 of the Convention on the Elimination of All Forms of Discrimination Against Women
- Articles 24 and 27 of the Convention on the Rights of the Child
- Article 28 of the Convention on the Rights of Persons with Disabilities
- Articles 2, 3, 7, 22 and 25 of the Universal Declaration of Human Rights (UDHR)
The UDHR is the basis of all international human rights law and was adopted by the UN in 1948 as a response to World War II. It outlines the basic civil, political, economic, social and cultural rights that every individual is entitled to. The UDHR, the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) make up the "International Bill of Human Rights".
Canada ratified the ICCPR and ICESCR in May 1976. The country has also ratified five other major human rights instruments:
- The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) in 1970
- The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1981
- The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in 1987
- The Convention on the Rights of the Child (CRC) in 1991
- The Convention on the Rights of Persons with Disabilities (CRPD) in 2010
These treaties are connected by the idea of the right to an adequate standard of living, which was first introduced in the UDHR. While there is no "right to be free from poverty", the right to an adequate standard of living encompasses the rights to be free from hunger, poor health, lack of social security, inadequate housing, and other poverty-related rights.
Canada Without Poverty (CWP) works to uphold the fundamental human rights of all people in Canada living in poverty. CWP believes that poverty is a violation of human rights, depriving individuals not only of finances but also of the freedom and ability to live with dignity.
Canada's Poverty Reduction Strategy aims to address systemic barriers such as racism and discrimination that hold some Canadians back. The government has also appointed a special advisor on LGBTQ2 issues, who works with organisations across the country to protect the rights of their members and address discrimination.
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National Advisory Council on Poverty
The National Advisory Council on Poverty (NACP) is a group of 8 to 10 members who advise the Government of Canada and the Minister of Families, Children and Social Development on poverty reduction. The NACP also reports annually on the progress made towards meeting the poverty reduction targets.
The Council comprises a Chairperson appointed on a full-time basis, one other full-time member responsible for children's issues, and 6 to 8 part-time members with expertise in the poverty reduction field. Members include individuals like Lindsay (Swooping Hawk) Kretschmer, who serves as the Executive Director for an Indigenous non-profit, and Dr. McKenzie, the Chief Executive Officer of the Wellesley Institute.
The NACP's role is to advise the government on poverty reduction strategies, including programs, funding, and activities, and to consult with the public, the academic community, experts, Indigenous persons, and individuals with lived experience of poverty. They also submit a report to the Minister on the progress made in meeting the targets and on the advice provided by the Council.
The NACP's 2024 report highlighted the disproportionate levels of poverty faced by Black and racialized people, immigrants, refugees, migrants, and undocumented individuals. It also emphasized the systemic barriers presented by immigration/citizenship status, such as barriers in accessing the Canada Child Benefit.
The establishment of the NACP is a part of Canada's first Poverty Reduction Strategy, which includes introducing an official poverty line and targets to reduce poverty by 20% by 2020 and 50% by 2030. The Poverty Reduction Act, which supports continuous monitoring of poverty reduction efforts, also enshrines the Advisory Council into law.
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Official Poverty Line
Canada's Poverty Reduction Strategy, 'Opportunity for All', was released in August 2018. This strategy introduced, for the first time, an official poverty line for Canada, as well as concrete targets for poverty reduction. The targets are to reduce poverty by 20% by 2020 and 50% by 2030, based on the official measure of poverty.
The Poverty Reduction Act, which became law on June 21, 2019, entrenches the targets, Canada's Official Poverty Line, and the Advisory Council into law. The Act also establishes a National Advisory Council on Poverty, enshrined into law, to advise the Government on poverty reduction and report publicly on progress toward meeting the targets. The Advisory Council will also foster a national dialogue on poverty reduction. The Act's purpose is to support continuous efforts in, and continuous monitoring of, poverty reduction in Canada.
Canada's Official Poverty Line is the country's official metric to measure the level of poverty in Canada and to assess progress in meeting the targets. The Official Poverty Line is defined as the Market Basket Measure (MBM), as published by Statistics Canada under the authority of the Statistics Act. The MBM is based on the cost of a specific basket of goods and services representing a modest, basic standard of living. It includes the costs of food, clothing, footwear, transportation, shelter, and other expenses for a reference family. These costs are compared to the disposable income of families to determine whether or not they fall below the poverty line. The MBM is reviewed regularly to ensure that it reflects the up-to-date cost of a basket of goods and services representing a modest, basic standard of living in Canada.
The National Advisory Council on Poverty consists of 8 to 10 members, including a Chairperson and a member with particular responsibilities for children's issues. The Council provides advice to the Minister on poverty reduction, undertakes consultations with the public and experts, and submits an annual report to the Minister on progress toward meeting the targets. The Council also undertakes any activity specified by the Minister.
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Economic and social rights
Canada's Poverty Reduction Strategy, 'Opportunity for All', was released in 2018. This strategy is underpinned by three pillars: Dignity, Opportunity and Inclusion, and Resilience and Security. Dignity focuses on ensuring that Canadians' basic needs are met, including safe and affordable housing, healthy food, and healthcare. Opportunity and Inclusion aim to promote full participation in society and equality of opportunity, helping Canadians to join the middle class. Resilience and Security support income security and protect Canadians from falling into poverty.
The Poverty Reduction Act, which became law in 2019, is a key part of this strategy. The Act includes an official measure of poverty, Canada's Official Poverty Line, and ambitious targets for poverty reduction. The Act also establishes a National Advisory Council on Poverty, which advises the government and reports on progress toward meeting the targets.
Canada has ratified several international human rights treaties that specifically relate to poverty. These include the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights. Economic and social rights are fundamental to understanding poverty in Canada.
Canada Without Poverty (CWP) works to uphold the fundamental human rights of all people in Canada living in poverty. CWP supports the right to an "adequate standard of living", which includes protection from hunger, homelessness, poor health, and a lack of social security. Poverty is considered a violation of human rights, as it deprives individuals not only of finances but also of the freedom and dignity to live.
Canada's Poverty Reduction Strategy and the Poverty Reduction Act aim to address systemic barriers such as racism and discrimination, which disproportionately affect certain groups in Canada, including single people aged 45-64, single parents, recent immigrants, people with disabilities, and Indigenous people.
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Frequently asked questions
Poverty law in Canada refers to the legislative efforts to reduce poverty and uphold the human rights of those living in poverty. This includes the Poverty Reduction Act, which was passed in 2019, and Canada's Poverty Reduction Strategy, which sets targets for poverty reduction and establishes an official poverty line.
The Poverty Reduction Act was passed in 2019 and establishes concrete targets for poverty reduction, an official poverty line, and an advisory council to advise the government and monitor progress on poverty reduction.
Canada's Poverty Reduction Strategy is the government's plan to reduce poverty and address systemic barriers, such as racism and discrimination. The strategy includes specific indicators to monitor progress and sets targets to reduce poverty by 20% by 2020 and 50% by 2030.
The National Advisory Council on Poverty is a council established by the Poverty Reduction Act. It consists of 8 to 10 members, including a Chairperson, and is responsible for advising the government on poverty reduction, consulting with the public and experts, and reporting on the progress made toward meeting poverty reduction targets.
Some indicators used to measure poverty in Canada include Low-Income Cut-offs, which measure the number of Canadians with low incomes, and the Market Basket Measure, which defines low income based on the cost of a specific basket of goods and services representing a basic standard of living.
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