A Nova Scotia mother says she will not back down after a recent court decision found that people who live in tents could qualify for enhanced provincial income assistance — a ruling the government has moved to narrow by redefining what counts as housing.
Family presses province to respect appeal ruling
Jackie Lowe spoke publicly Wednesday, urging the provincial government to reverse a regulatory change she described as cruel and inconsistent with a recent Nova Scotia Court of Appeal ruling that went in her late son’s favour.
“He was fighting for change, because he saw others around him experiencing the same things he was,”
The legal battle began after the death of her son, Bradley Lowe, in 2023. The family sought clarity on enhanced income assistance eligibility after a lower court had concluded Bradley was not eligible because he lived in a tent. On Aug. 5, the Court of Appeal overturned that decision, finding people living in tents could meet criteria for enhanced provincial support.
Government amends definition of housing
Within weeks of the Aug. 5 ruling, the Nova Scotia government filed an order-in-council that altered regulatory language used to determine eligibility for enhanced assistance. The regulation removed the term “accommodation” and replaced it with the phrase “lives in a home.” It also repealed the previous definition of “home” and substituted a narrower description focused on self-contained rental or owned units, rooms in lodging houses and single-occupancy rooms within a building.
Human rights lawyer Vince Calderhead, who worked with the family, has said the regulatory changes were followed by further adjustments to income assistance rules that make people with disabilities who live in tents ineligible for enhanced benefits.
Political response and proposed bills
The Opposition NDP held a press conference where they introduced three housing-related bills, including one they have called “Bradley’s law.” Party leader Claudia Chender framed the proposed legislation as a means to reverse the province’s regulatory change and restore access to enhanced assistance for people living in tents.
At the event, Lowe reiterated that her son would have welcomed the Aug. decision and that he had been committed to advocating for people who are marginalised.
Why the issue matters locally
The dispute touches on broader questions about how governments define housing, who qualifies for income and disability supports, and how policy responds to court rulings. For people living outside conventional dwellings, eligibility rules are often decisive in determining access to income supports, health services and other programs intended to reduce hardship.
- Family advocacy: The Lowe family pursued the case after Bradley’s death to secure clarity and access for others in similar circumstances.
- Legal trajectory: A Nova Scotia Supreme Court ruling was overturned on appeal on Aug. 5, prompting regulatory revision by the government.
- Political action: The Opposition has tabled bills seeking to overturn the regulation change and restore the broader definition of housing.
Timeline
| Event | Date / Timing |
|---|---|
| Death of Bradley Lowe | 2023 |
| Court of Appeal ruling finding tent dwellers eligible for enhanced assistance | Aug. 5 (year unspecified in source; reported 2026) |
| Province files order-in-council changing housing definition | About three weeks after Aug. 5 ruling |
Next steps and community implications
The family’s push, allied with the NDP’s proposed legislation, sets up a political and legal contest over how eligibility for social supports is determined. If the government maintains the narrower regulatory definition, people who live outside conventional, self-contained dwellings — including those in tents — could be excluded from enhanced income assistance, according to the family and their lawyer.
For service providers and front-line workers, the dispute raises immediate practical questions about who will qualify for supports and how programs will adapt. For advocates it speaks to the larger challenge of ensuring that rules and regulations reflect the lived realities of people experiencing homelessness.
The family and their counsel say they intend to continue seeking remedies and to press the province to comply with the spirit of the court ruling. The government has not yet publicly reversed the regulatory change.
This case underscores how legal rulings, administrative regulations and political choices intersect and—especially in small provinces—can have profound effects on vulnerable people’s access to help.
Reporting from Halifax.
