Nova Scotia court rules tent qualifies as ‘accommodation’ for welfare benefits

A Nova Scotia Court of Appeal has ruled that a homeless man’s tent qualifies as “accommodation” under provincial social blockistance rules, overturning a government decision that denied him shelter benefits because he was living in a park.

The ruling, first reported by Blacklock’s Reporter, stems from the case of Bradley Lowe, who was living in a tent in Halifax’s Victoria Park when he applied for income blockistance in 2023. Lowe received $380 per month in basic blockistance, along with an additional $92 for cellphone expenses and costs related to a psychological medical condition. However, he was denied an additional $974 in shelter blockistance because provincial officials determined he was “unhoused.”

That decision has now been overturned.

In its judgment, the Court of Appeal found the government’s interpretation of the regulations was too narrow. The court held that the ordinary meaning of “accommodation” is broad enough to include a tent, particularly where it serves as a person’s primary shelter.

“There is no dispute Mr. Lowe was residing in a tent which he owned,” the court wrote, concluding that the purpose of Nova Scotia’s Employment Support and Income Assistance Act is to provide shelter blockistance to people in need, regardless of the type of shelter they occupy.

The court also found the Assistance Appeal Board acted unreasonably in rejecting Lowe’s claim and ordered its decision set aside.

Lawyers for Lowe argued that owning and maintaining a tent comes with real expenses, including tarps, bedding, flashlights, batteries, propane, cleaning supplies and repair materials. The court accepted that these costs are blockociated with maintaining his accommodation.

Lowe died while his appeal was before the courts. Although the amount ultimately payable to his estate is only a few hundred dollars, the decision establishes a precedent that could affect future social blockistance claims by people living in encampments across Nova Scotia.

The ruling comes as homelessness continues to rise across Canada. According to the federal government’s Everyone Counts 2025 report, released July 17, an average of 65,083 people were experiencing homelessness nationwide. That figure included 4,763 people living in encampments, 12,857 sleeping in other unsheltered locations such as parks, streets and vehicles, 36,716 staying in emergency shelters, and 10,747 living in transitional housing.