The State as Landlord: The Constitutionality of the Termination of Public Housing Leases on Account of a Tenant's Illegal Activities

Paragraph 107(l)(b) of the Ontario Landlord and Tenant Act enables landlords to evict tenants on short notice for engaging in illegal activity or for permitting such activity to be conducted in or on any part of the rental premises. Under this provision, the landlord can serve a notice of termination on the tenant, who may then exercise his/her right to dispute the landlord's allegation at a scheduled court hearing.

This paper suggests that paragraph 107(l)(b) is inconsistent with the underlying purposes of the Landlord and Tenant Act, and might run afoul of sections 7 and 15 of the Canadian Charter of Rights and Freedoms. It further contends that the Charter is applicable where the state acts as landlord, as in the situation of public housing authorities.

This article traces the evolution of paragraph 107(l)(b) from its common law origins, through its earlier manifestations in the legislation, and finally to its modern form and practical application. The author discusses the legal and policy implications of the provision before exploring its constitutionality. It is maintained that paragraph 107(1)(b) interferes with the tenant 's liberty and security interests in a manner that is not in accordance with substantive or procedural principles of fundamental justice. In addition, the author discusses the possibility that expulsion of a tenant in the manner and for the reasons outlined by the law, could infringe upon the equality rights expressed in s. 15 of the Charter. In the end, the author suggests possible modifications which might bring the legislation within the ambit of the Charter.