Homeless man in tent deserved same welfare rate as housed people, N.S. lawyer argues
CTV
The lawyer for a homeless man who died at a Halifax encampment is arguing in court today that his client's welfare payments should have been as high as those received by people with permanent housing.
A veteran human rights lawyer tried to convince a Nova Scotia judge on Wednesday that a homeless man living in a tent should have been entitled to the same welfare payments as a person with permanent housing.
Vince Calderhead, a lawyer for Bradley Lowe, a homeless man who died in an encampment last year, told the court it's reasonable to interpret that the wording of the social assistance regulations permit the higher rate for people living in tents.
"The poor are entitled to the rule of law," Calderhead, acting on behalf of Lowe's estate, told the Nova Scotia Supreme Court.
Lowe started living in a Halifax tent encampment in a city park in September 2023 and applied for a monthly provincial payment of $950 -- the standard rate at the time for people with disabilities living in a household. Instead, the 30-year-old was granted $380 a month to cover "essentials" for people without a home.
On Dec. 7, Calderhead argued before an appeal board to have Lowe's monthly payment from the Department of Community Services raised. However, Lowe died of an opioid overdose on Dec. 15 at another tent encampment that he was visiting, family members have said.
A few days later, the one-person appeal board dismissed Lowe's appeal, concluding he hadn't been eligible for the higher rate. In response, Calderhead sought a judicial review before the Nova Scotia Supreme Court on behalf of Lowe's estate, seeking to show that people living in tents should receive the higher rate.
Outside the Nova Scotia Supreme Court hearing on Wednesday, Lowe's mother, Jackie Lowe, said she asked Calderhead to continue with the case in order to recover retroactive payments that could be provided to her four-year-old grandson -- and in hopes that a court victory could influence future decisions on income assistance available to homeless people.
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