Sources of Public Policy

One of the more remarkable aspects of the decision in Re Drummond Wren is its reliance on different sources of domestic and international law to ground the Court’s finding that the restrictive covenant in issue was contrary to public policy. As you analyze the 3000 Funston Street problem for this week, consider what role the following sources might play.

Article 11 of the United Nations General Assembly’s International Covenant on Economic, Social and Cultural Rights (1966) recognizes:

[T]he right of everyone to an adequate standard of living for himself and his family, including adequate … housing, and to the continuous improvement of living conditions.

In 2019, Canada enacted the National Housing Strategy Act, SC 2019, c 29 as a significant step toward implementing the federal government’s commitment to the progressive realization of the right to housing. The preamble to the Act reads:

Whereas housing is essential to the inherent dignity and well-being of the person and to building sustainable and inclusive communities as well as a strong national economy in which the people of Canada can prosper and thrive;

Whereas access to affordable housing contributes to achieving beneficial social, economic, health and environmental outcomes;

Whereas improved housing outcomes are best achieved through cooperation between governments and civil society as well as the meaningful involvement of local communities;

Whereas national goals, timelines and initiatives relating to housing and homelessness are essential to improving the quality of life of the people of Canada, particularly persons in greatest need;

[…]

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: […]

In what way, if at all, might these sources play a role in analyzing the validity of the 3000 Funston Street covenant?