Nova Scotia court rules homeless tent qualifies as legal accommodation for welfare benefits

A homeless person's tent can legally qualify as an "accommodation" under Nova Scotia's social assistance laws, the province's Court of Appeal has ruled in a decision that could have broad implications for governments dealing with growing homeless encampments.Blacklock's Reporter says the ruling stems from the case of Halifax resident Bradley Lowe, who was denied housing-related welfare benefits because provincial officials determined he was unhoused despite living in a tent in Victoria Park.In 2023, Lowe applied for assistance under Nova Scotia's Employment Support and Income Assistance Act. He received $380 per month in income assistance along with an additional $92 for cellphone costs and expenses related to a psychological medical condition.However, he was denied an additional $974 in shelter assistance because officials concluded he did not qualify for housing benefits."There is no dispute Mr. Lowe was residing in a tent which he owned at the time of his application for assistance in October 2023," the Court of Appeal wrote. "The eligibility issue is whether the tent was an 'accommodation' within the meaning of the regulations."The court concluded the province had interpreted the legislation too narrowly."The ordinary meaning of the word 'accommodation' is broad," the judges wrote. "It could potentially apply to any shelter or housing situation."The decision added that the purpose of the legislation is to provide assistance, including shelter funding, to people in need."Mr. Lowe met the definition of a person in need. His shelter was the tent in which he was residing," the ruling states.The Court of Appeal overturned an earlier decision by Nova Scotia's Assistance Appeal Board, finding the board's interpretation of the regulations was unreasonable..Provincial regulations provide shelter assistance to low-income Nova Scotians who rent or own their homes, with the regulations defining a home as a person's primary residence and including mobile homes.Lawyers for Lowe argued that he owned his tent and incurred ongoing expenses associated with living in it, including tarps, bedding, flashlights, batteries, propane, a tent heater, cleaning supplies, repair materials, a cooler and food storage equipment.Lowe died while the appeal was before the courts. Lawyers agreed only a few hundred dollars would ultimately be paid to his estate, although the financial implications of the legal precedent have not been calculated.The ruling comes as homelessness continues to rise across Canada.According to the federal Housing Department's Everyone Counts 2025 report, an estimated 4,763 people were living in encampments nationwide. Another 12,857 people were sleeping in unsheltered locations, including streets, parks, vehicles, abandoned buildings and transit stations.The report counted a total of 65,083 homeless Canadians, including 36,716 staying in emergency shelters and 10,747 living in transitional housing.

Nova Scotia court rules homeless tent qualifies as legal accommodation for welfare benefits

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