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''Gosselin v Quebec (AG)'' () 4 S.C.R. 429, 2002 SCC 84, is the first claim under section 7 of the Canadian Charter of Rights and Freedoms to a right to an adequate level of social assistance. The Supreme Court of Canada rejected the Charter challenge against a Quebec law excluding citizens under 30 from receiving full social security benefits. == Background == Between 1984 and 1989, a period of alarming and growing unemployment among young adults, under section 29(a) of the ''Social Aid Regulation'' (''Règlement sur l’aide sociale''), the Quebec government provided those who were single, unemployed, and under 30 years old with $170 per month in social assistance which amounted to only a third of the regular benefits. Full benefits were only available if the individuals would participate in one of three employability programs: On-the-job Training, Community Work, or Remedial Education. The objective behind it was to encourage youth to either find work or go to school. According to the Supreme Court of Canada, this new scheme was based on the philosophy that the most effective way to encourage and enable young people to join the workforce was to make increased benefits conditional on participating in one of three of the workfare programs. 〔Gosselin v. Quebec (Attorney General, () 4 S.C.R. 429, 2002 SCC 84 at paragraph 7.〕 Louise Gosselin was under 30 during the period from 1984 to 1989. She struggled with psychological problems and drug and alcohol addictions, and attempted to work as a cook, waitress, salesperson and nurses's assistant, among many other jobs. She was homeless periodically, lived in an unheated apartment for one winter, and when she rented a room at a boarding house it left her no money for food. Gosselin brought a class action on behalf of 75,000 individuals against the Quebec government for violation of 1) her section 15 equality rights and 2) Section Seven of the Canadian Charter of Rights and Freedoms right to life, liberty and security of the person. As well, she claimed that 3) her social rights in section 45 of the Quebec Charter of Rights and Freedoms were violated. The Québec Court of Appeal, though divided, ruled that the regulation did not violate the Canadian or Quebec Charter. Two judges found a violation of section 15 of the Canadian Charter but only one found that it could not be saved by section 1. Another dissenting judge found a violation of section 45 of the Quebec Charter. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Gosselin v Quebec (AG)」の詳細全文を読む スポンサード リンク
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