The Right to Food in Canada

Food as a Human Right in Canada: Past Weakness, Future Excellence?
May 6, 2016
Vanessa Pike

1
Introduction
One of the few commonalities tying all humans together, throughout time and space –
much like language, sleep, or laughter – is eating food. It is both necessary for survival and also
laden with social and cultural significance. Thankfully, food is recognized as a human right in
several international conventions. Yet even among countries that ratify those treaties – and
even among the wealthiest of those ratifying countries – there continues to exist hunger and a
daily denial of this right to large proportions of the human population. Unfortunately (and
embarrassingly), Canada is one of those countries, and has been for quite some time.
The purpose of this paper is to highlight the violations of the right to food in Canada,
leading to a brief exploration of options for improvement. To begin, the right to food and its
link to health will be introduced, followed by a situating of this right in a human rights
framework. Next, an examination of the Canadian situation will ensue, and Canada’s failure to
uphold the right to food will be demonstrated in various ways including its response to the visit
by the UN Special Rapporteur on the right to food. Finally, some recommendations will be
made for how this situation can be rectified, with a focus on including the right to food in the
Canadian constitution.
The Right to Food and its Link to Health
“[T]he human right to adequate food is of crucial importance for the enjoyment of all rights…[it] is indivisibly linked
to the inherent dignity of the human person and is indispensable for the fulfilment of other human rights enshrined
in the International Bill of Human Rights”
~ Committee on Economic, Social and Cultural Rights, 1999
The right to food is recognized in the International Covenant on Economic, Social, and
Cultural Rights (ICESCR) and according to the Committee on Economic, Social, and Cultural

2
Rights (CESCR), this right is realized “when every man, woman and child, alone or in community
with others, has physical and economic access at all times to adequate food or means for its
procurement” (OHCHR, 2010). The Office of the United Nations High Commissioner for Human
Rights (OHCHR) emphasizes three elements of this right: availability (food must be available
either from natural resources or in markets for purchase), accessibility (both physical and
economic, inclusive of remote areas, without having to compromise other basic needs such as
medication or shelter), and adequacy (to satisfy physiological needs in a safe and culturally
acceptable way) (2010).
State parties to the ICESCR, as with other rights, have an obligation to respect, protect,
and fulfil the right to food (CESCR, 1999). These three concepts are referred to throughout this
paper collectively as “to uphold.” Firstly, to respect the right to food, states must refrain from
taking any action which prevents an individual’s means of accessing food (through access to
employment, for example) (Dowler and O’Connor, 2012). Secondly, protecting the right to food
entails preventing third-party interference with a person’s enjoyment of this right. This could
include through pollution or destruction of the environment, or eviction of indigenous peoples
from ancestral land (OHCHR, 2010). Such third parties could entail individuals, groups,
corporations, and other entities; the UN Special Rapporteur on the right to food argues
international entities such as the World Trade Organization and trans-national corporations
should also be included (Dowler and O’Connor, 2012). Lastly, the obligation to fulfil means
States must be proactive about strengthening people’s food security through such measures as
regulation of agriculture and/or minimum income. Included in this obligation is the
responsibility of states to directly provide food to individuals or groups who, because of
uncontrollable circumstances, cannot enjoy the right to food (CESCR, 1999; OHCHR, 2010).

3
A related concept is food security. While not a legal term, food security is a precondition
for the right to food and is therefore intimately connected with it (OHCHR, 2010; Canada
Without Poverty, 2016). As stated by the Office of the United Nations High Commissioner for
Human Rights, “the right to food places legal obligations on States to overcome hunger and
malnutrition and realize food security for all” (OHCHR, 2010). Where food insecurity exists, the
right to food fails to be upheld. Although the definition has changed over the years, according
to the Food and Agricultural Organization (FAO) of the UN (2016), food security can currently
be defined as “a situation that exists when all people, at all times, have physical, social and
economic access to sufficient, safe and nutritious food that meets their dietary needs and food
preferences for an active and healthy life.” There are four dimensions of food security, the
opposites of which indicate food insecurity: food availability, economic and physical access to
food, food utilization, and stability over time (FAO, 2016).
Because human rights are “interdependent, indivisible, and interrelated” (OHCHR,
2010), when the right to food is not upheld, other human rights are also compromised. This is
perhaps most directly true for the right to health, as “nutrition is a component of both the right
to health and the right to food” (OHCHR, 2010). Food insecurity has been shown to put children
at a greater risk of poor cognitive and emotional development which leads to impaired school
and work performance and conditions such as depression, anxiety, and asthma later in life
(Chilton and Rose, 2009; Tarasuk, Mitchell, and Dachner, 2016). Food-insecure adults have
poorer mental health (including depression) and higher rates of chronic conditions such as
diabetes and heart disease, among others; the management of such conditions is also
compromised by food insecurity (Chilton and Rose, 2009; Tarasuk, Mitchell, and Dachner,
2016).

4
Evidence of these connections can be found upon examining the impact of food
insecurity on health care costs (Tarasuk et al., 2015; Tarasuk, Mitchell, and Dachner, 2016). In a
study of 2005-2010 data from the Canadian Community Health Survey encompassing over
67 000 adults, Tarasuk et al. (2015) found that total annual health care costs (including
prescription drugs) for households who were marginally food-insecure were 23% higher
compared with food-secure households. This was a persistent and proportional relationship;
costs increased to 49% for moderately food-insecure households, and to 121% for severely
food-insecure households. It is evident that food security is a “fundamental precondition” to
good physical and mental health (Wakefield, Fredrickson, and Brown, 2015). Food insecurity,
essentially a denial of the right to food, is inextricably linked with the right to health and
therefore causes a violation of the right to health.
A Framework for Food as a Human Right
The right to food is upheld in several international human rights documents. Beginning
with the Universal Declaration of Human Rights (UDHR), article 25 states that "[e]veryone has
the right to a standard of living adequate for the health and wellbeing of himself and of his
family, including food, clothing, housing and medical care and necessary social services" (United
Nations General Assembly, 1948). Similarly, article 11 of the International Covenant of Social,
Economic and Cultural Rights (ICESCR) (United Nations General Assembly, 1966) explicitly states
“the right of everyone to an adequate standard of living for himself and his family, including
adequate food, clothing and housing, and to the continuous improvement of living conditions”
(paragraph 1). It also states that it is the “fundamental right of everyone to be free from
hunger” (paragraph 2), and goes on to outline how State Parties to the ICESCR shall undertake

5
measures needed “to improve methods of production, conservation and distribution of food”
(paragraph 2, part a).
Furthermore, Article 12 of the ICESCR which declares “the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health” is interpreted in
General Comment 14: The right to the highest attainable standard of health, which states “[t]he
right to health is closely related to and dependent upon the realization of other human rights,
as contained in the International Bill of Rights, including the [right] to food” (CESCR, 2000,
paragraph 3). General Comment 14 elaborates that “the right to health embraces a wide range
of socio-economic factors that promote conditions in which people can lead a healthy life, and
extends to the underlying determinants of health, such as food and nutrition” (paragraph 4). In
fact, the right to food appears again in the list of core obligations (the minimum essential
elements States must ensure) as “[t]o ensure access to the minimum essential food which is
nutritionally adequate and safe, to ensure freedom from hunger to everyone” (paragraph 43,
part b).
Additional human rights treaties declare the right to food. The Convention on the Rights
of the Child (CRC) describes that States shall take appropriate measures “[t]o combat disease
and malnutrition … through the provision of adequate nutritious foods” (United Nations
General Assembly, 1989, article 24.2, part c), and the Convention on the Rights of Persons with
Disabilities (CRPD) recognizes “the right of persons with disabilities to an adequate standard of
living for themselves and their families, including adequate food” (article 28) (UN General
Assembly, 2007). These explicit references to a right to food are not the result of happenstance;
their repeated appearances in international human rights declarations indicate widespread
agreement that food should indeed be protected as a human right.

6
There are several other non-binding international instruments that treat food as a
human right and record collective international efforts to uphold it as one. For example, the
Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the
Context of National Food Security adopted by the member states of the FAO provided 19
guidelines for the right to food, one of which was a legal framework (FAO, 2005). The World
Declaration and Plan of Action on Nutrition which was created during the Joint FAO/WHO
International Conference on Nutrition in Rome of 1992 (representing 159 countries) declared
“determination to eliminate hunger and to reduce all forms of malnutrition” (FAO and WHO,
1992). In addition, the Rome Declaration on World Food Security proclaimed “the right of
everyone to have access to safe and nutritious food, consistent with the right to adequate food
and the fundamental right of everyone to be free from hunger” (FAO, 1996). The Universal
Declaration on the Eradication of Hunger and Malnutrition (OHCHR, 1974) reaffirmed “[e]very
man, woman and child has the inalienable right to be free from hunger and malnutrition”
(paragraph 1) and that governments have a fundamental responsibility for the equitable
distribution of food both between and within countries (paragraph 2). The renowned Alma-Ata
Declaration (WHO, 1978) also supports these notions, listing “promotion of food supply and
proper nutrition” as a part of the minimum package of an effective primary health system.
Perhaps most significantly, the CESCR states in General Comment 12, The Right to
Adequate Food states that “[t]he human right to adequate food is of crucial importance for the
enjoyment of all rights” (1999, paragraph 1), further elaborating on how states are obligated to
respect, protect, and fulfil this human right, including what violations entail. States are
exhorted to “take whatever steps are necessary to ensure that everyone is free from hunger
and as soon as possible can enjoy the right to food” (CESCR, 1999). In a section on

7
implementation at the national level, General Comment 12 goes on to detail that this will
require the adoption of a national food strategy based on human rights principles and the
formation of related policies to “facilitate coordination between ministries and regional and
local authorities” (paragraph 22). Such strategies are to be based on several principles, one of
which is legislative capacity (CESCR, 1999).
There is a strong framework supporting the case for food as a human right. And while
the ICESCR does allow for the “progressive realization” of rights, unnecessary delays and
inaction are unacceptable. It is expected that State parties respect, protect, and fulfil the right
to food to the “maximum of its available resources…by all appropriate means, including
particularly the adoption of legislative measures” (United Nations General Assembly, article 2).
These unambiguous references to food as a human right should ideally lead to food security for
everyone. In Canada, however, this is not the reality.
Past Weakness: The food security problem in Canada
“[W]hile the problems of hunger and malnutrition are often particularly acute in developing countries, malnutrition,
under-nutrition and other problems which relate to the right to adequate food and the right to freedom from
hunger, also exist in some of the most economically developed countries.”
~ Committee on Economic, Social and Cultural Rights, 1999
Canada is a world leader in agricultural production and is generally seen as a country
with an abundance of food. The existence of food insecurity in Canada is often overlooked or
denied by many of its citizens and leaders (Wakefield, Fredrickson, and Brown, 2015). While
Canada does produce surpluses in commodities and is engaged in impressive international food
aid contributing to the advancement of global food security (De Schutter, 2012; Wakefield,
Fredrickson, and Brown, 2015), there is substantial denial of the right to food within segments
of the Canadian population as well.

8
One way to conceive of the problem is to assess household food insecurity. According to
Tarasuk, Mitchell, and Dachner (2012), who define food insecurity as inadequate access to food
due to financial constraints, approximately 4 million Canadians (including over 1 million
children) representing 13% of households in this country are affected by it. In general, food
security is more prevalent among vulnerable populations such as Aboriginal people,
newcomers, lone parent households, and those relying on minimum wage jobs or social
assistance (Tarasuk, Mitchell, and Dachner, 2016; Wakefield, Fredrickson, and Brown, 2015).
The highest rates of food insecurity can be found in Canada’s North where the proportion of
food insecure households exceeds 24% in the Northwest Territories and 46% in Nunavut
(Tarasuk, Mitchell, and Dachner, 2014).
Although Canada has signed several international human rights declarations which
speak of food as a human right - the UDHR (1948), the ICESCR (1966), the CRPD (2006), the CRC
(1989), among others (OHCHR, 2014) – there has been high-level inaction on the right to food in
this country (Rideout et al., 2007). As discussed, this is evidenced in part by increasing food
insecurity (Tarasuk, Mitchell, and Dachner, 2016), but furthermore in the lack of a national food
strategy and economic policies that have not ensured the right to food vulnerable citizens (FAO,
2004). While there are social programs and many charitable efforts providing emergency food
to some Canadians in need, they are vastly insufficient and often outside of the State’s domain
(Riches, 2002; Tarasuk, Dachner, and Loopstra, 2014). The food policies that do exist in Canada
tend to be fragmented (FAO, 2004; MacRae, 2011; Riches and Silvasti, 2014) and disconnections
exist between domestic and international commitments, as well as federal, provincial, and local
jurisdictions (Rideout et al., 2007). Overall Canada seems to have demonstrated a lack of
overarching direction, political will, and foundational acknowledgement of the right to food.

9
From the ground up, evidence of this can be seen in neoliberal approaches to
governance on this issue (Wakefield, Fredrickson, and Brown, 2015). At the community level,
the institutionalization of food banks partially relieves government of its obligations to uphold
the right to food (FAO, 2004). Food banks are “drastically underperforming due to a lack of
government support” (Peterson, 2015) and are constantly stretched as demand grows
(Statistics Canada, 2015). At the same time, less than one quarter of people who are food
insecure actually use food banks, for a variety of reasons outside the scope of this paper (see
Loopstra and Tarasuk, 2012). Even among those who do, it does not make them food secure
(Kirkpatrick and Tarasuk, 2009); that is, food banks are akin to a thread-bare safety net,
incapable of upholding the right to food. At the national level, Rideout argues that courts have
yet to hold that the Canadian government is required by our constitution to uphold the right to
food, and lower court decisions have “clearly not protected” social, cultural, and economic
rights (2007).
Canada’s Response to UN Special Rapporteur’s Mission
Canada’s has shown leadership on signing international agreements protecting human
rights, including the right to food. However, there has been considerable criticism of Canada’s
delivery of food as a human right, with civil society organizations and food banks left
attempting to fill the gap of state responsibility (Amnesty International, 2012; Debates of the
Senate of Canada, 2012; De Schutter, 2012; FAO, 2004; Riches, 2006; Wakefield, Fredrickson,
and Brown, 2015). One recent example of the Canadian government’s perfunctory attitude on
the right to food is its response to the 2012 visit of the UN Special Rapporteur on the Right to
Food. Special Rapporteurs are independent experts appointed by the UN Human Rights Council

10
to examine specific human rights themes, reporting back to the UN Secretary General through
the UN OHCHR and the UN CESCR (Lang and Heasman, 2015; United Nations News Centre,
n.d.).
In May of 2012, the UN Special Rapporteur on the right to food, Olivier De Schutter,
upon invitation, visited Canada to investigate the way in which the right to food was being
realized in Canada (De Schutter, 2012). De Schutter travelled through four provinces, including
northern isolated areas in each, meeting with many provincial and municipal authorities,
community groups, government ministers, and others. After his visit, De Schutter released a
report detailing his findings which painted a dismal picture of Canada’s protection of the right
to food and highlighted widespread food insecurity affecting 1 in 10 families (De Schutter,
2012). He also noted increasing wealth disparities, inadequate social protections, and
expressed he was “disconcerted by the deep and severe food insecurity faced by Aboriginal
peoples” (2012, paragraph 8).
Also in his report were remarks on “increasingly unsustainable farming practices”
(paragraph 19), inadequate social protection programs, high rates of diet-related chronic
disease (particularly among Aboriginal populations), and prohibitively high food costs in
isolated areas. De Schutter’s report also contained recommendations, among which were the
implementation of a rights-based national food strategy with clearly-defined responsibilities for
all levels of government, a revision of social benefits, and a setting of a minimum living wage in
order for the right to food to be upheld (2012).
This was the first time a Special Rapporteur visited an OECD country for this purpose
(Riches and Tarasuk, 2014), so the affair was highly publicized and controversial. Media
coverage of De Schutter’s visit abounded (CBC News, 2012a and 2012b; McKay-Panos, 2012;

11
Murphy, 2013; Schmidt, 2012; Schoffield, 2012), analysing the government’s less-than-cordial
response. The Conservative majority government cooperated minimally with De Schutter
during his time in Canada. For example, the Health Minister only agreed to meet with De
Schutter at the last minute (Schoffield, 2012), and the Immigration Minister surmised the visit
as “a waste of resources,” exhorting the UN to “focus on… countries where people are starving”
(Schmidt 2012) while defending Canada on the basis of it being a wealthy nation (Schoffield,
2012). Upon publication of the Special Rapporteur’s findings, the government dismissed them
as ill-informed (Riches and Tarasuk, 2014), further demonstrating the government’s denial of a
problem and adverse attitude towards the UN’s involvement in Canada on this issue.
Wakefield, Fredrickson, and Brown assert that while the Canadian government
acknowledges food insecurity exists within its borders, the national discourse seems to place
responsibility for eradicating it in the domain of programming at the provincial and local levels
(2015). As evident in a letter from the Minister of Health to Food Secure Canada (Aglukkaq,
2013), job creation through economy expansion seems to be the preferred pathway for the
Federal government in addressing food insecurity among Canadians. Although these non-
committal sentiments from Canada at the federal level may be disheartening for advocates
desiring a strong upholding of the right to food, it is relevant to remember that the current
Liberal government seems to be taking a more cooperative approach to this issue so far (Food
Secure Canada, n.d.).
The described response of the Canadian government to De Schutter’s visit is not
inconsistent with historical stances. Canada (along with several other countries which formed
the Western Bloc during the Cold War) has demonstrated longstanding resistance to
recognizing economic, social, and cultural rights which are often seen as “discretionary” and

12
challenging of private-market ideology (Riches, 2011). One clear indication of this is Canada’s
decision to ratify the optional protocol for civil and political rights, but not social, cultural, and
economic rights, demonstrating a well-established refusal in Canadian government to see both
sets of rights as equivalent (Schmidt, 2012). The UN Special Rapporteur on the right to food also
made note of this in his end-of-visit report (De Schutter, 2012).
As the FAO reports (2000), traditionally there is a sharp divide between those who
interpret human rights broadly and those who do so narrowly. In the case of the right to food,
the narrow interpretation would be not interfering with people’s rights to obtain food through
their own efforts, whereas a broad interpretation would include the right to be supplied with
food when a person’s efforts fall short (the fulfil element of upholding the right to food). Many
governments do not accept this broader interpretation (FAO, 2002); Canada seems to be
among them. The upholding of these rights certainly clashes with the neoliberal ideology which
seems to have taken root in many government institutions today.
Recommendations for Future Excellence
“[T]he potential to give economic, social and cultural rights the status of constitutional entitlement represents an
immense opportunity to affirm our fundamental Canadian values”
~ Louise Arbour, former UN High Commissioner for Human Rights and justice of the Supreme Court of Canada
Canada must become more proactive in protecting, respecting, and fulfilling the right to
food in order to end the violation of its obligations concerning this right. Various strategies have
been proposed to accomplish this, including a national food strategy (CESCR, 1999), the
institution of a minimum “living wage” policy (Riches, 2011), regulation and restructuring of the
agricultural sector (De Schutter, 2012), increased monitoring of food insecurity to advance
evidence-based interventions (De Schutter, 2012), improved coordination across sectors for

13
“joined-up” food policy (MacRae, 2011; Riches and Silvasti, 2014), and inclusion of the right to
food in constitutional law (FAO, 2005). This final recommendation holds great potential.
In a 2013 press conference, the UN Special Rapporteur on the right to food, Olivier De
Schutter, outlined several ways the right to food can be upheld. In his experience, one such
method, court precedent, has proven to be a “spectacular” way of upholding the right to food
in some countries. For example, a Supreme Court case in India in 2001 was launched by an NGO
which complained of unequal distribution of food in the state of Rajasthan at the expense of
the needy despite available resources (People’s Union for Civil Liberties v. Union of India, 2001).
It was argued that the right to food was contained within the right to life (article 21 of the
Indian constitution [Maheshwari, 2016]). The courts agreed with this interpretation and
mandated the state accept responsibility for malnutrition and implement social programs
throughout 28 states to ensure access to food for the poor (FAO, 2002; De Schutter, 2013).
While this is an excellent outcome for India which demonstrates the power of
constitutional statements, this type of liberal interpretation of the right to life – to include a
right to food – is rare. There is currently no explicit constitutional protection of the right to food
in Canada, making it nearly impossible for Canadians to legally claim their right to food. This
was demonstrated concretely in 2002 when a challenge was brought to the Supreme Court of
Canada against the government of Quebec under Section 7 of the Charter. The claim was that
social assistance provided to the appellant was inadequate because her monthly allowance,
merely $170, was only one third of what it would be for a counterpart over the age of 30 based
upon supposed employability factors (Kim and Piper, 2003). Although the decision by judges
was not unanimous, the right to basic necessities such as food was ultimately not upheld

14
(Gosselin v. Quebec, 2002). An explicit constitutional statement of the right to food would have
provided a much more direct route to upholding that right.
Another way De Schutter outlined the right to food can be implemented is through the
adoption of framework laws and national strategies specific to fulfilling the right to food (2013).
Brazil has been a leader in this area; in 2006 a Framework Law on Food and Nutrition Security
was instituted and a consultative body was established to provide recommendations to
government. One direct outcome of this was the 2010 inclusion of the right to food in the
Brazilian Constitution (article 6) (Leão and Maluf, 2012), and encouragingly this model was
replicated in many other parts of Latin America (De Schutter, 2013). While this is an excellent
outcome for Brazil, it is likely that a smoother order of events would be in reverse – that is, to
have explicit constitutional recognition of the right to food which would propel implementation
of framework laws (a recommendation in General Comment 12 on the right to adequate food
[CESCR, 1999, article 11]).
An explicit protection of the right to food in the Canadian constitution would provide a
“clear legal basis” for the right to food (FAO, 2009) and could be instrumental in summoning
the political will needed for upholding this human right. As Jackman and Porter assert, while
incorporation of human rights into domestic law would be a more direct way to apply
international norms, “a robust framework of rights … must, first and foremost, be grounded in
Canada’s domestic constitutional framework and in the interpretation and application of
Charter rights” (2012). Similarly, Riches (2011) argues that in order to give the right to food “the
full force of the law,” constitutional recognition would be required, providing leverage for
legislation and courts to uphold this right.

15
Section 7 of the Canadian Charter of Rights and Freedoms (the ‘Charter’) states
“[e]veryone has the right to life, liberty and security of the person and the right not to be
deprived thereof except in accordance with the principles of fundamental justice” (1982). It
could be argued that the right to food is already innate within “life” and “security of the
person,” as these cannot exist without health and therefore food security. This is not a novel
interpretation. In 2007, the Canadian Supreme Court reaffirmed a 1989 statement by a Chief
Justice that “the Charter should generally be presumed to provide protection at least as great
as that afforded by similar provisions in international human rights documents” (Jackman and
Porter, 2012). Since Canada has ratified several treaties declaring the right to food, it follows
that interpretation of the constitution as inclusive of that right would be fitting.
At the same time an explicit naming of food as a component of “life” or “security of the
person” would render this right unignorable, providing “the strongest possible basis for the
right [to food]” (FAO, 2009) in Canada. Such an amendment to the Charter will have a wide
scope of effect on government institutions and activities by weaving the right to food into the
very fabric of ‘official’ Canadian values. These fresh constitutional words would have potential
to unify our country’s understanding of the imperative of the right to food, allowing for
substantial and meaningful policy changes at the national level to trickle down to the provincial
and local levels. This amendment will ensure our legal system upholds the right to food and will
provide foundational mandate for work on framework law and national food strategies.
Other sections of the Canadian Constitution already support the right to food in Canada.
For example, section 36 of the Charter affirms that “Parliament and the legislatures, together
with the government of Canada and the provincial governments, are committed to promoting

16
equal opportunities for the well-being of Canadians” (1982). Yet there is no equal opportunity
between a food-insecure and food-secure person; as illuminated above, food security is
intimately related to health and well-being. Following this reasoning, it seems the government
of Canada has already committed in its constitution to uphold the right to food. Canada’s
traditional values of equity and inclusivity, with a strong history of social programs and
institutional support (Policy Research Initiative, n.d.), are indicative of the underlying
congruence in the fabric of Canadian society with treating food as a human right.
Conclusion
Food security is a prerequisite to the fulfilment of the right to food, which is an essential
component of the right to health. Despite having ratified several international human rights
instruments encompassing the right to food, Canada has failed to uphold its human rights
commitments for a significant proportion of the population. The widespread food insecurity in
this country and persistent governmental attitudes that seem to shift the responsibility to other
actors, make it clear that this is the case.
In order to ensure everyone within its borders has the right to food, a need arises for
strong national legislation of this right which does not currently exist. While a constitutional
recognition of the right to food doesn’t guarantee that this right will be upheld by the state, it
can greatly strengthen its implementation by increasing the accountability of public authorities,
along with the willingness of the courts to enforce this right more readily, safeguarding against
the withdrawal of the right (FAO, 2009). Nothing less than this monumental shift will do justice
to the importance of the right to food for Canadians. Even though a moral imperative has not

17
been sufficient historically to uphold the right to food in Canada, the health and social benefits
that come with increased food security demonstrate that doing so is an investment facilitating a
return of a healthier and more productive society.

18
References:
Aglukkaq, L. (2013, May 17). [Letter to Diana Bronson, director of Food Secure Canada]. Retrieved from:
http://foodsecurecanada.org/sites/foodsecurecanada.org/files/MP_Aglukkaq_response.pdf
Amnesty International. (2012, May 30). An open letter to Stephen Harper. Retrieved from:
http://www.amnesty.ca/sites/amnesty/files/canadaletterpmonsr30may12.pdf
Canada Without Poverty. (2016). The right to food. Retrieved from: http://www.cwp-csp.ca/poverty/a-
human-rights-violation/the-right-to-food/
Canadian Charter of Rights and Freedoms, s 2, Part I of the Constitution Act. (1982). Schedule B to
the Canada Act 1982 (UK), 1982, c 11.Retrieved from:
http://publications.gc.ca/collections/Collection/CH37-4-3-2002E.pdf
CBC News. (2012a, May 16). Food security and Canada. [Video file]. Retrieved from:
http://www.cbc.ca/player/play/2235684834
CBC News. (2012b, May 16). Canada’s food security. [Video file]. Retrieved from:
http://www.cbc.ca/player/play/2235743155
Chilton, M. & Rose, D. (2009). A Rights-Based Approach to Food Insecurity in the United States. Am J
Public Health. 99(7): 1203–1211.
Committee on Economic, Social and Cultural Rights (CESCR), 20th
Session. (1999, May 12). Substantive
issues arising in the implementation of the International Covenant on Economic, Social and
Cultural Rights: General Comment 12: The right to adequate food (Article 11). E/C.12/1999/5.
Retrieved from:
http://www.fao.org/fileadmin/templates/righttofood/documents/RTF_publications/EN/General_
Comment_12_EN.pdf
Committee on Economic, Social and Cultural Rights (CESCR). (2000, May 11). General Comment 14: The
right to the highest attainable standard of health (Article 12 of the International Covenant on
Economic, Social and Cultural Rights). UN Document E/C.12/2000/4. Retrieved from:
http://www.ohchr.org/Documents/Issues/Women/WRGS/Health/GC14.pdf
De Schutter, O. (2012). Report of the Special Rapporteur on the right to food, Olivier De Schutter: Mission
to Canada. UN Human Rights Council, 22nd
Session. A/HRC/22/50/Add.1. Retrieved from:
http://www.srfood.org/images/stories/pdf/officialreports/20121224_canadafinal_en.pdf
De Schutter, O. (2013, October 25). Olivier De Schutter, Special Rapporteur on the right to food - Press
Conference. [Video file]. Retrieved from: http://webtv.un.org/search/olivier-de-schutter-special-
rapporteur-on-the-right-to-food-press-
conference/2769231119001?term=olivier%20de%20schutter#full-text
Dowler, E. A., & O’Connor, D. (2012). Rights-based approaches to addressing food poverty and food
insecurity in Ireland and UK. Social Science & Medicine. 74(1): 44-51.
Food and Agricultural Organization of the United Nations (FAO). (1996). Rome Declaration on World
Food Security. Retrieved from: http://www.fao.org/docrep/003/w3613e/w3613e00.HTM
Food and Agricultural Organization of the United Nations (FAO). (2002). What is the right to food?
Retrieved from: http://www.fao.org/worldfoodsummit/english/newsroom/focus/focus6.htm
Food and Agricultural Organization of the United Nations. (FAO). (2004). Implementing the right to
adequate food: The outcome of six case studies. Retrieved from:
http://www.fao.org/docrep/meeting/008/j2475e.htm

19
Food and Agricultural Organization of the United Nations (FAO). (2005). Voluntary guidelines to support
the progressive realization of the right to adequate food in the context of national food security.
Retrieved from: http://www.fao.org/3/a-y7937e.pdf
Food and Agricultural Organization of the United Nations (FAO). (2009). Guide on legislating for the right
to food. Retrieved from: http://www.fao.org/3/a-i0815e.pdf
Food and Agricultural Organization of the United Nations (FAO). (2016).The State of
Food Insecurity in the World 2015. Retrieved from: http://www.fao.org/3/a-i4646e/index.html
Food and Agriculture Organization of the United Nations (FAO) & World Health Organization (WHO).
(1992). World Declaration and Plan of Action on Nutrition. Retrieved from:
http://www.fao.org/docrep/015/u9260e/u9260e00.pdf
Food Secure Canada. (n.d.). Food policy: What to expect from our new government. Retrieved from:
http://foodsecurecanada.org/resources-news/news-media/food-policy-what-expect-our-new-
government
Gosselin v. Quebec (Attorney General). (2002). SCC 84, File No. 27418. Retrieved from: https://scc-
csc.lexum.com/scc-csc/scc-csc/en/item/2027/index.do
Jackman, M. & Porter, B. (2012). Rights-based strategies to address homelessness and poverty in
Canada: The Constitutional framework. Retrieved from:
http://www.socialrightscura.ca/documents/publications/Constitutional%20Framework%20Canad
ar.pdf
Kim, N. & Piper, T. (2003). Gosselin v. Quebec: Back to the Poorhouse. McGill Law Journal. 48: 749-781.
Kirkpatrick, S.I. & Tarasuk, V. (2009). Food insecurity and participation in community food programs
among low-income Toronto families. Canadian Journal of Public Health. 100(2):135-9
Lang, T. & Heasman, M. (2015). Food Wars (2nd
Edition). [Electronic book]. Retrieved from:
http://site.ebrary.com.myaccess.library.utoronto.ca/lib/utoronto/reader.action?docID=11102792
&ppg=305
Leão, M. & Maluf, R.S. (2012). Effective public policies and active citizenship: Brazil´s experience of
building a Food and Nutrition Security System. Retrieved from:
https://www.ciaonet.org/attachments/24574/uploads
Loopstra, R. & Tarasuk, V. (2012). The Relationship between Food Banks and Household Food Insecurity
among Low-Income Toronto Families. Canadian Public Policy. 38(4): 497-514
MacRae, R. (2011). A joined-up food policy for Canada. Journal of Hunger & Environmental Nutrition.
6:424–457
McKay-Panos, L. (2012, May 1). Do Canadians have a right to adequate food? Retrieved from:
http://www.lawnow.org/canadians-right-to-adequate-food/
Maheshwari, V. (2016). Article 21 of the Constitution of India – the expanding horizons. Retrieved from:
http://www.legalserviceindia.com/articles/art222.htm
Murphy, J. (2013, March 4). Tories take bite out of UN right-to-food report. Retrieved from:
http://www.thewhig.com/2013/03/04/un-envoy-blames-harper-policies-for-food-insecurity-in-
canada
Office of the United Nations High Commissioner for Human Rights (OHCHR). (1974). Universal
Declaration on the Eradication of Hunger and Malnutrition. Retrieved from:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/EradicationOfHungerAndMalnutrition.aspx

20
Office of the United Nations High Commissioner for Human Rights (OHCHR). (2010). The right to
adequate food. Retrieved from:
http://www.ohchr.org/Documents/Publications/FactSheet34en.pdf
Office of the United Nations High Commissioner for Human Rights (OHCHR). (2014). Status of
Ratification Interactive Dashboard: Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights. Retrieved from: http://indicators.ohchr.org/
People’s Union for Civil Liberties v. Union of India. (2001). No. 196 India. Retrieved from:
https://www.escr-net.org/caselaw/2006/peoples-union-civil-liberties-v-union-india-ors-supreme-
court-india-civil-original
Peterson, R.W. (2012, May 15). “Health.” Canada, Parliament, Debates of the Senate of Canada
(Hansard), Vol. 148, Issue 79. Retrieved from:
http://www.parl.gc.ca/content/sen/chamber/411/debates/079db_2012-05-15-e.htm
Policy Research Initiative. (n.d.). Inclusion for all: A Canadian roadmap to social cohesion. Retrieved
from: http://justice.gc.ca/eng/rp-pr/csj-sjc/jsp-sjp/tr01-rt01/tr01.pdf
Riches, G. (2002). Food banks and food security: welfare reform, human rights and social policy. Lessons
from Canada? Social Policy & Administration. 36(6):648-63
Riches, G. (2006). The right to food: A recipe for action. Canadian Issues. 52-57.
Riches, G. (2011). Thinking and acting outside the charitable food box: Hunger and the right to food in
rich societies. Development in Practice. 21: 768e-775.
Riches, G. & Silvasti, T. (2014). Hunger in the rich world: Food aid and right to food perspectives. First
world hunger revisited: Food charity or the right to food? Second edition. New York, NY: Palgrave
Macmillan
Riches, G. & Tarasuk, V. (2014). Canada: Thirty years of food charity and public policy neglect. In Riches,
G & Silvasti, T. (Eds.), First world hunger revisited: Food charity or the right to food? Second
edition. (42-56). New York, NY: Palgrave Macmillan
Rideout, K., Riches, G., Ostry, A., Buckingham, D., & MacRae, R. (2007). Bringing home the right to food
in Canada: Challenges and possibilities for achieving food security. Public Health Nutrition. 10(6):
566-573
Schmidt, S. (2012, May 15). UN envoy blasts Canada for ‘self-righteous’ attitude over hunger, poverty.
The National Post. Retrieved from: http://news.nationalpost.com/news/canada/un-envoy-blasts-
canada-for-self-righteous-attitude-over-hunger-poverty
Schoffield, H. (2012, May 16). Harper cabinet about-face: Health minister meets with UN hunger envoy.
The National Post. Retrieved from: http://news.nationalpost.com/news/canada/harper-cabinet-
about-face-health-minister-meets-with-un-hunger-envoy
Statistics Canada. (2015). Food Security in Canada. Retrieved from: http://www.statcan.gc.ca/pub/82-
624-x/2015001/article/14138-eng.htm#n3
Tarasuk, V., Cheng, J., de Oliveira, C., Dachner, N., Gundersen, C., & Kurdyak, P. (2015). Association
between household food insecurity and annual health care costs. CMAJ. DOI:10.1503
/cmaj.150234.
Tarasuk V, Dachner N, & Loopstra R. (2014). Food banks, welfare, and food insecurity in Canada. British
Food Journal. 116(9): 1405-1417

21
Tarasuk V, Mitchell A, & Dachner N. (2014). Household food insecurity in Canada, 2013. Toronto:
Research to identify policy options to reduce food insecurity (PROOF). Retrieved from:
http://nutritionalsciences.lamp.utoronto.ca/
Research to identify policy options to reduce food insecurity (PROOF). Retrieved from:
http://nutritionalsciences.lamp.utoronto.ca/
Research to identify policy options to reduce food insecurity (PROOF). Retrieved from
http://proof.utoronto.ca/wp-content/uploads/2016/04/Household-Food-Insecurity-in-Canada-
2014.pdf
United Nations General Assembly. (1948). Universal Declaration of Human Rights. Retrieved from:
http://www.un.org/en/universal-declaration-human-rights/
United Nations General Assembly. (1966). International Covenant on Economic, Social and Cultural
Rights. Retrieved from:
https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/iv-3.en.pdf
United Nations General Assembly. (1989). Convention on the Rights of the Child. Retrieved from:
http://www.ohchr.org/en/professionalinterest/pages/crc.aspx
United Nations General Assembly. (2007). Convention on the Rights of Persons with Disabilities.
Retrieved from: http://www.un.org/disabilities/convention/conventionfull.shtml
United Nations News Centre. (n.d.). UN Special Rapporteurs. Retrieved from
http://www.un.org/apps/news/html/SpecialRapporteurs.asp
Wakefield, S., Fredrickson, K. R., & Brown, T. (2015). Food security and health in Canada:
Imaginaries, exclusions and possibilities. The Canadian Geographer. 59(1): 82–92.
World Health Organization (WHO). (1978). Declaration of Alma-Ata. Retrieved from:
http://www.who.int/publications/almaata_declaration_en.pdf

The Right to Food in Canada

Recommended

Recommended

More Related Content

What's hot

What's hot (20)

Viewers also liked

Viewers also liked (8)

Similar to The Right to Food in Canada

Similar to The Right to Food in Canada (20)

The Right to Food in Canada