Nova Scotia’s Court of Appeal has made an important decision that should make the provincial government stop and think. It raises a simple question: what does it really mean when we say we care about people who are homeless?
The court ruled that a tent can count as a home under Nova Scotia’s income assistance rules. This means that someone living in a tent cannot be denied extra financial support just because their shelter is made of canvas, poles and a tarp. For people trying to survive outside, this decision could make a real difference.
Still, the fact that this case had to go all the way to court shows how badly the system has failed. Bradley Lowe fought for this benefit while living in a tent camp in Halifax. He believed he should receive the same higher shelter rate that other people receive when they have a place to live. He died in December 2023 before the system finally admitted it was wrong. His family continued the case so that others would not have to go through the same struggle.
No one should have to fight the government to get enough money for food, heat, clothing and basic needs. No family should have to carry on a court case after losing someone they love because the government refused to see what was right in front of it.
A tent may not look like an apartment or a house, but it is still where a person sleeps, keeps their belongings and tries to stay safe from rain, sun, heat, snow and cold. When someone has nowhere else to go, their tent is their home. Pretending otherwise does not solve homelessness. It only makes it easier for government departments to ignore the problem.
The old rule also created a cruel trap. People living in tents were often the ones facing the hardest conditions, yet they were denied the extra help given to people with apartments or rooms. Instead of helping people move toward stable housing, the system made it harder for them to get by.
This case also shows how easily an understanding of people’s real circumstances disappears when everything is treated as paperwork. The government defended its position and seemed more focused on policy jargon than on the real people affected by a bad policy decision.
Now the province needs to do more than accept the court’s ruling. It should find out who was wrongly denied the higher rate and make sure they receive the money they were owed. It should also rewrite the rules in clear language so no one else has to take the government to court to prove that a tent is a place to live.
Courts can correct unfair decisions, but they should not be the only place where people can find justice. Court cases take years, cost money and put more stress on people who are already struggling.
This ruling brings back some fairness. But it should never have taken Bradley Lowe’s death and a long legal battle to get there. The government should treat every person with dignity before a judge has to tell it to. Sadly, this is just one of many cases where the government has spent a lot of taxpayer dollars fighting things in court. More often than not, bad policy has taken over common sense in government.
This article was first published on Danny Cavanagh’s Substack on August 11, 2026. View the original Substack post. It has been lightly edited for spelling, grammar and Canadian usage.
