HALIFAX — A Halifax-area mother whose late son challenged the province over eligibility for enhanced income supports is renewing a call for Ottawa Street policies to be reversed after a recent Court of Appeal decision was undercut by a provincial regulatory change.
Family seeks reversal after legal victory
Jackie Lowe says she will continue the fight begun by her son, Bradley, who died in 2023. The family pursued his case with human rights lawyer Vince Calderhead, and on Aug. 5 a Nova Scotia Court of Appeal found that people living in tents were eligible for enhanced provincial income assistance. Within weeks the provincial government moved to alter the definition of housing in its regulations, effectively excluding tent dwellers from the benefit.
“He was fighting for change, because he saw others around him experiencing the same things he was,”
Jackie Lowe told reporters at a news conference called by the provincial New Democratic Party. She said her son would have welcomed the August decision and described him as someone who fought for the underdog.
Opposition tables legislation dubbed 'Bradley's law'
The NDP used the press event to introduce three bills addressing housing policy. One, which the party has referred to as Bradley’s law, is intended to overturn the provincial regulation change and restore access to the enhanced assistance for people living in tents.
NDP Leader Claudia Chender said her party wants the province to honour the Court of Appeal ruling and reinstate the broader definition of housing so that those living in tents can qualify for enhanced income support.
Province's regulatory response
The government amended the regulations roughly three weeks after the Aug. 5 decision. The change removed the prior wording and replaced terms such as “accommodation” with a definition that confines a home to a self-contained unit someone rents or owns, a room in a lodging house, or a single-occupancy room in a building. The revision effectively excludes tents and similar non-permanent dwellings from the enhanced-income-assistance definition.
The family and their lawyer have characterised the government’s move as a retreat from the court’s judgment and called it a cruel response to the legal finding.
Local impact and context
The dispute highlights an ongoing tension in Nova Scotia and across Canada over how social assistance programs define housing and who qualifies for enhanced supports. For people living outdoors or in tents, eligibility rules determine access to higher levels of monthly income assistance designed to meet more acute needs.
Advocates say changes that narrow definitions can leave some of the province’s most vulnerable residents without the financial resources tied to recognized housing status. Opponents of expanded definitions often raise concerns about administrative clarity and program integrity.
- Family action: Case brought forward by family and human rights counsel following Bradley Lowe’s death in 2023.
- Court ruling: Nova Scotia Court of Appeal decision in early August found tent dwellers eligible for enhanced assistance.
- Government response: Regulation revised about three weeks later to redefine “home” and exclude tents.
- Political reaction: NDP introduced bills to reinstate access, including so-called Bradley’s law.
What comes next
The bills introduced by the Opposition must proceed through the legislative process to change the regulation and reverse the government’s order-in-council. Absent legislative change, the updated regulatory definition remains in force and governs eligibility for the enhanced assistance.
| Key date | Event |
|---|---|
| 2023 | Death of Bradley Lowe; family pursues legal case |
| Aug. 5, 2026 | Nova Scotia Court of Appeal rules people living in tents eligible for enhanced assistance |
| Late August 2026 (≈ three weeks later) | Province amends regulations to redefine "home" and exclude tents |
| Sept. 2026 | NDP tables three bills, including one to reverse the regulation change |
For families and advocates, the debate is about more than semantics; it concerns access to monthly supports that can affect health, safety and the ability to move into stable housing. For the Lowe family, the fight is also personal — a continuation of a campaign started by Bradley and carried forward by his mother.
As the bills wind their way through the legislature, affected Nova Scotians, service providers and community groups will be watching whether the province chooses to respect the appellate ruling or maintain the narrower regulatory definition that excludes tents from enhanced support.
