N.S. lawyer says homeless man should have been entitled to higher welfare pay

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.

Vince Calderhead, a human rights lawyer, originally represented Lowe in an unsuccessful bid last Dec. 7 to have the man’s monthly payment from the Department of Community Services raised.

Lowe was living in a tent in a city park at the time and argued he should have been eligible for $950 monthly — the standard rate for people with disabilities living in a household — rather than the $380 for “essentials” paid to a person without a home.

The 30-year-old died on Dec. 15 at another tent encampment that he was visiting, and an appeal board dismissed his case four days later.

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However, Calderhead is seeking a judicial review before the Nova Scotia Supreme Court on behalf of Lowe’s estate, arguing that Lowe’s tent was a form of “accommodation” under the legislation.

The lawyer says Lowe’s family continued with the case in order to recover retroactive payments, and in hopes a court victory could influence future decisions on income assistance available to homeless people.

The Affordable Housing Association of Nova Scotia estimated this month that there were almost 1,300 homeless people in Halifax.