Income and Employment Standards Act

From: John Ames Birch <amesbirch403@gmail.com> Date: Thu., Jul. 21, 2022, 3:34 p.m. Subject: Income and Employment Standards Act To: <justin.trudeau@parl.gc.ca>, <chrystia.freeland@parl.gc.ca>, <dujarric@un.org>, <administration@ccla.org>, <aimember@aiusa.org>, Arlene Dong <Arlene.Dong@gov.ab.ca>, Liberal Party of Canada <assistance@liberal.ca>, aclupreferences <aclupreferences@aclu.org>, <Bernadette.Jordan@parl.gc.ca>, <cameron.barr@washpost.com>, <sally.buzbee@washpost.com>, <bmo.ombudsman@bmo.com>, Ben Stephens <ben@francetoday.com>, <ContactUsEn@pmo.gov.il>, <community@texastribune.org>, CPJ Info <info@cpj.org>, NYT Corrections <corrections@nytimes.com>, Qualtrough, Carla - M.P. <Carla.Qualtrough@parl.gc.ca>, <callum.baird@thenational.scot>, <carrie.williams@dcentertainment.com>, Bennett, Carolyn - M.P. <carolyn.bennett@parl.gc.ca>, <Pablo.Rodriguez@parl.gc.ca>, <David.Lametti@parl.gc.ca>, Blanchet, Yves-François - Député <yves-francois.blanchet@parl.gc.ca>, <Daniel.Tierney@governor.ohio.gov>, <Jason.darrah@banff.ca>, <Deborah.Mebude@gov.ab.ca>, <nick.devlin@ppsc-sppc.gc.ca>, <elizabeth.may.c1a@parl.gc.ca>, <efren.zamudio@oregon.gov>, <Edmonton@leadersinternational.com>, <Fadi.El-Abdallah@icc-cpi.int>, <Francois.Legault.ASSO@assnat.qc.ca>, <fkalmbach@theadvocate.com>, Fisher, Gordon <gfisher@postmedia.com>, Forsætisráðuneytið <for@for.is>, <govpress@la.gov>, <guestcare@carnival.com>, Richard Gilhooley <richard.gilhooley@telus.com>, <hotline@ccteht.ca>, <hcenquiries@parliament.uk>, David Hulen <dhulen@adn.com>, HaveYourSay <haveyoursay@bbc.co.uk>, Kathryn Heppell <Kathryn.Heppell@gov.ab.ca>, <info@homewardtrust.ca>, <illinoisnewstoday@gmail.com>, <IRIS@parliament.uk>, <info@ccla.org>, <jagmeet.singh@parl.gc.ca>, Johnston, Patrick <pjohnston@postmedia.com>, Sylvia Jones <sylvia.jones@pc.ola.org>, <kgchaumont@fbi.gov>, <KathyCrawford@house.mi.gov>, <kprice@amnesty.ca>, <kmonague@nwac.ca>, <kf@china.com>, <kelly@wssdc.com>, <krishana.polite@nc.gov>, <kdundar@hdn.com.tr>, <lawsociety@lso.ca>, <lethbridge@globalnews.ca>, <liaisonofficeny@icc-cpi.int>, <Letters@calgaryherald.com>, Lisa Lopez <Lisa.Lopez@gov.ab.ca>, <murbina@fbi.gov>, <melanie.joly@parl.gc.ca>, mediainquiries <mediainquiries@who.int>, <News@hawaiinewsnow.com>, <newsdesk@krqe.com>, <new.scotland.yard@met.police.uk>, <news@abccolumbia.com>, <NHTRC@polarisproject.org>, NCTE <ncte@transequality.org>, Naacp <washingtonbureau@naacpnet.org>, News@KelownaNow.com <News@kelownanow.com>, <osd.pentagon.pa.mbx.ce-public-inquiries@mail.mil>, <osd.pa.dutyofficer@mail.mil>, <otp.informationdesk@icc-cpi.int>, <Oprah@oprah.com>, <ombudsman-communications@forces.gc.ca>, <pitches@texastribune.org>, <press@usda.gov>, <pro.ukk@kln.gov.my>, <premier@ontario.ca>, <premier@novascotia.ca>, <premier@gov.yk.ca>, <premier@gov.nt.ca>, <premier@gov.sk.ca>, <premier@gov.bc.ca>, <premier@gov.ab.ca>, <Colleen.Quinn@mass.gov>, <report@aiusa.org>, <Roshunda.Ward@la.gov>, NWAC Reception <reception@nwac.ca>, Rota, Anthony - Riding 1B <Anthony.Rota.C1B@parl.gc.ca>, <santuzza.wolff@gov.ab.ca>, <sabrina.bhojani@ubc.ca>, Abra Symko <Abra.Symko@gov.ab.ca>, Secretary@HHS.gov <Secretary@hhs.gov>, Shawn Sidhu <shawn@ngsidhu.com>, Sky.Today <Sky.Today@sky.uk>, <tracy.mcphee@gov.yk.ca>, <tonews@cbc.ca>, tips@GlobalTVBC.com <Tips@globaltvbc.com>, Tom Engel <tomengel@engellaw.ca>, <usaf.il.183-fw.list.public-affairs@mail.mil>, <us@ocasiocortez.com>, <contact.us@adcci.gov.ae>, <Vickie.Wonder@nngco.com>, <Vincent.A.Steves@abc.com>, <ViewerContactCalgary@globalnews.ca>, <ViewerContactToronto@globalnews.ca>, <curt.j.villarosa@abc.com>, <WPmedia@hkstrategies.ca>, <wayne.panton@gov.ky>, <we.care@hopemission.com>, <Webadmin@justice.gc.ca>

Hey Everyone, I am writing to you today to discuss the homeless crisis facing our society. Currently, welfare pays the base minimum for living in our society. Many times this amount is not adequate to stave off homelessness. Furthermore, many times welfare is suspended until you find a place. However, many goods and services are not donated and cannot be covered under already overcrowded shelters. As such many people lack basic needs.

I was reviewing the law and it appears that under the Income and Employment Standards act it states the following: Purpose 2 The purpose of this Act is to provide programs for persons in need for such of their requirements for food, shelter, personal items and medical and other benefits as are essential to their health and well‑being and, in particular, to provide training and other measures to facilitate their movement toward independence and self‑sufficiency. Core essential payment — barriers to full employment/expected to work or working 6 The maximum monthly core essential payment that may be provided to a barriers to full employment household unit or an expected to work or working household unit is (a) under section 5.1(2)(a) of this Act, (i) if subclauses (ii) to (iv) do not apply, the amount determined under Table 1, (ii) if subclause (iii) or (iv) does not apply and the Director determines that a household unit’s need for the core essential payment is limited to food, an amount determined by the Minister, (iii) if an adult member of the household unit is living in one of the following, $322 for each adult member: (A) a hospital or nursing home; (B) the McCullough Centre; (C) a recognized emergency shelter for persons escaping abuse; (D) an institution similar to the institutions in paragraphs (A) to (C) that is designated by the Minister under the regulations, and (iv) if an adult member of the household unit is living in an approved home or a group home, the amount for each adult member as determined by the Minister, and (b) under section 5.1(2)(b) of this Act, (i) if subclauses (ii) to (iv) do not apply, an amount adjusted in accordance with section 2, (ii) if subclause (iii) or (iv) does not apply and the Director determines that a household unit’s need for the core essential payment is limited to food, an amount determined by the Minister, adjusted in accordance with section 2, (iii) if an adult member of the household unit is living in one of the following, an amount for each adult member, adjusted in accordance with section 2: (A) a hospital or nursing home; (B) the McCullough Centre; (C) a recognized emergency shelter for persons escaping abuse; (D) an institution similar to the institutions in paragraphs (A) to (C) that is designated by the Minister, and (iv) if an adult member of the household unit is living in an approved home or a group home, an amount for each adult member determined by the Minister, adjusted in accordance with section 2. Core shelter payment — barriers to full employment/expected to work or working 8 The maximum monthly core shelter payment that may be provided to a barriers to full employment household unit or an expected to work or working household unit is (v) if the household unit lives in a shared family residence that is not owned by an adult member of the unit or in which an adult member of the unit is not a party to a residential tenancy agreement with a third party, $103, As such under this act which is still under effect and binding there is a guaranteed income for basic needs that must be provided. This as well notwithstanding Section 7 of the Charter. As such to deny the basic needs component while in a shelter is illegal and in violation of this act. Furthermore, the following caselaw supports the application of Section 7: Gosselin v. Québec (Attorney General), 2002 SCC 84 (CanLII), [2002] 4 SCR 429, <https://canlii.ca/t/1g2w1>, retrieved on 2022-07-21 While usually applied in criminal proceedings the above indicates that it can be applied in other venues. Although the appellant failed to establish a violation of s. 7 of the Charter in this case, for the reasons stated by the majority, it is not appropriate, at this point, to rule out the possibility that s. 7 might be invoked in circumstances unrelated to the justice system. It furthermore states: Per Arbour J. (dissenting): Section 29(a) of the Regulation infringed s. 7 of the Charter by depriving those to whom it applied of their right to security of the person. Section 7 imposes a positive obligation on the state to offer basic protection for the life, liberty and security of its citizens. This therefore indicates that while the shelter portion may be reduced to $103 the basic needs component must be paid otherwise it infringes upon section 7 and the Income and Employment Standards act. As such payment must be made retroactively to every emergency shelter recipient otherwise charter violations would occur. Finally, we need to review our social support programs to ensure that they meet the new federal standard set by the government during this pandemic. We also need to ensure more funding for shelters and programs as the pandemic has exasperated an already overtaxed system. Together we can revolutionize our social support programs to prevent more people from being homeless. Coupled with new review options and support measures we can ensure safety and security of the person as defined under Section 7 of the Charter of Rights and Freedoms. "Rights are just words without actions to defend them". Stay Safe, Stay Sanitized and Stay Supportive, John Ames Birch @johneames2