Gosselin vs Quebec (Attorney General): Autonomy With a Vengeance

What are the implications of the Supreme Court of Canada in decision in Gosselin, for future anti-poverty litigation? In an upcoming issue of Canadian Journal of Women and the Law, a case comment by Gwen Brodsky criticizes the majority decision in Gosselin: "The challenged social assistance regulation embodied a negative stereotype of young men and women who are reliant on social assistance, which, sadly, the majority of the Court embraced." However, Brodsky also shows that "the decision is deeply divided, and the majority decision turns on a finding that the evidence was insufficient. Therefore, as precedent," argues Brodsky, "the outcome of the Gosselin case may not be particularly significant." Gwen Brodsky's case comment (in PDF) is available online.

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