HALIFAX — A Nova Scotia mother whose son mounted a legal challenge over eligibility for enhanced income supports says she will continue his campaign after the provincial government moved to narrow the definition of housing in response to a recent court ruling.
Jackie Lowe appeared at a press conference Wednesday alongside members of the Opposition NDP to push back against regulatory changes that came weeks after the Nova Scotia Court of Appeal found people living in tents were eligible for enhanced provincial supports.
“He was fighting for change, because he saw others around him experiencing the same things he was,”
The statement echoed the family’s resolve to see the court decision honoured. Jackie Lowe’s son, Bradley Lowe, who died in 2023, launched the human-rights challenge that ultimately led to the Aug. 5 Court of Appeal ruling. The family pursued the litigation with human-rights lawyer Vince Calderhead.
What the province changed
Within roughly three weeks of the Aug. 5 decision, the provincial government filed an order-in-council that amended income-assistance regulations. The changes removed the term "accommodation" from the rules and replaced it with the phrase "lives in a home." The government also repealed the previous definition of "home" and substituted a new definition that describes it as:
- a self-contained unit that someone rents or owns;
- a room in a lodging house; or
- a single-occupancy room in a building.
The effect of those changes, critics say, is to exclude people who live in tents from eligibility for enhanced income assistance — the same group the Court of Appeal found should qualify.
Political response and proposed fixes
The NDP introduced three bills at the press conference, including what party leader Claudia Chender has called "Bradley’s law," aimed at reversing the government’s regulation change and restoring access for people living in tents. Opposition parties argue the regulatory move undermines the spirit and letter of the court ruling and risks cutting supports for some of the province’s most vulnerable residents.
Human-rights lawyer Vince Calderhead has also criticised the government’s actions. He told reporters the province later amended other aspects of income assistance rules in a manner that would make people with disabilities living in tents ineligible for a disability supplement.
Family insists on dignity and legal respect
For Jackie Lowe, the fight is personal and principled. She said her son would have welcomed the Aug. 5 decision and would have continued advocating for others who are unhoused. "He was someone who was always fighting for the underdog," she said.
The family’s case began after Bradley Lowe was initially deemed ineligible for the enhanced assistance by a Nova Scotia Supreme Court ruling last year, which found that living in a tent did not meet eligibility criteria. The Court of Appeal overturned that finding in August.
Timeline
| Date | Event |
|---|---|
| 2023 | Bradley Lowe died; family later pursued legal action with lawyer Vince Calderhead. |
| Aug. 5 | Nova Scotia Court of Appeal ruled people living in tents were eligible for enhanced provincial supports. |
| About three weeks after Aug. 5 | Province filed an order-in-council amending the definition of "home" and removing "accommodation" from regulations. |
Broader implications
Advocates say the regulatory change raises significant questions about how provincial rules reconcile with court decisions and the province’s obligations to people experiencing housing precarity. Critics contend a shift in wording can have profound practical consequences: eligibility rules determine access to supports that can be the difference between someone receiving a disability supplement or remaining without adequate income to secure safer shelter.
The government has not provided a public explanation in the materials reviewed for why it revised the language in the regulations in this specific way or how it plans to address the concerns raised by opposition parties and community advocates.
At the press conference, the NDP framed its proposed bills as immediate legislative remedies designed to ensure the court ruling is not effectively nullified by regulatory redefinition. The party says the bills will restore access for people living in tents and prevent further rule changes that would narrow assistance to vulnerable Nova Scotians.
The case and ensuing policy dispute are likely to remain a live issue in the province as families, lawyers and advocacy groups press the government for clarity and, in some cases, reversal of the regulatory action. For the Lowe family, the campaign is a continuation of Bradley’s legal fight and a plea for a system that recognises people living outside traditional housing forms.
