‘Cruel’: Legal community questions N.S. move to exclude tents from higher income assistance

Members of Halifax’s legal community are expressing concern over the Nova Scotia government’s decision to exclude people living in tents from higher income assistance benefits. Though the provincial court of appeal ruled in August that tents are considered legal accommodations, the government changed the criteria for income assistance just two weeks later, rendering the court ruling moot.

According to human rights lawyer Vince Calderhead, who has been advocating for better income supports for people living in tents, this move effectively reduces their monthly benefits to a mere $400. The court recognized Bradley Lowe, who died in 2023, as a person who would have qualified for additional accommodation support had he been living in a tent.

Calderhead claims that legal acknowledgment of a tent as an accommodation would have provided these individuals with an extra $300 per month. Nova Scotia revised its income assistance legislation on August 25 to exclude tents, defining a "home" as residential units with a kitchen and bathroom or approved spaces like rooming homes.

Human rights lawyer Mark Culligan, a Dalhousie Legal Aid worker, argues that this change discriminates against people based on their housing situation. He believes that individuals living in rental units have higher expenses due to the challenges of storing food and buying perishable goods in bulk. A province spokesperson responded, stating that the court interpreted the regulations as they were written at the time and that the recent adjustments provide clearer guidance on assessing different living situations.

They maintain that the amendments do not alter who is eligible for income assistance and that people experiencing homelessness can still access the benefits they qualify for. Calderhead called the decision "cruel," emphasizing that the province's move is disrespectful and fails to treat those in need with dignity.