What is the impact of the Charter on the ability of the courts to set limits to the amount of social benefits available to all?
Ontario, Canada
The following excerpt is from Masse v. Ontario (Minister of Community and Social Services), 1996 CanLII 12491 (ON SCDC):
I approach the arguments on these issues bearing in mind statements made by Sopinka J. in Egan v. Canada, 1995 CanLII 98 (SCC), [1995] S.C.J. No. 43 (QL), File No. 23636 at pp. 69-70 [reported 124 D.L.R. (4th) 609 at p. 653, [1995] 2 S.C.R. 513, 95 C.L.L.C. ¶210-025]: It is not realistic for the court to assume that there are unlimited funds to address the needs of all. A judicial approach on this basis would tend to make a government reluctant to create any new social benefit schemes because their limits would depend on an accurate prediction of the outcome of court proceedings under s. 15(1) of the Charter.
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