A season for sharing: The legal and moral case for ensuring everyone has enough food at Christmas

Law360 Canada (December 19, 2025, 10:09 AM EST) --

Tega Adjara

Every Christmas, families across Canada gather around warm meals that symbolize dignity, community and care. Yet for many households in Alberta and across the country, rising costs and winter pressures make it difficult to afford even the most basic groceries. Food insecurity turns what should be a season of comfort into a time of anxiety.

Although hunger is often framed as a social issue, it is also deeply tied to law and rights. Internationally, Canada has recognized food as a fundamental human need. Under Article 11 of the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR), which Canada ratified in 1976, every person has the “right to adequate food” and the “fundamental right to be free from hunger.”

The UN has further clarified in General Comment No. 12 (1999) that governments must work toward ensuring food is available, accessible and nutritionally adequate.

Canadian courts have repeatedly confirmed that international human rights commitments should guide the interpretation of our laws. In Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, the Supreme Court held that domestic decision-makers should interpret statutes in harmony with UN obligations. This principle gives meaningful legal weight to the international right to food.

A Charter argument for access to food

Though the Canadian Charter of Rights and Freedoms does not explicitly identify food as a constitutional right, several provisions support the argument that access to adequate food is protected indirectly.

1. Section 7: Life, liberty and security of the person

Lack of food threatens life and personal security. The Supreme Court acknowledged this connection in Gosselin v. Quebec (Attorney General), 2002 SCC 84. While the court did not impose a positive obligation on the government to provide food in that case, it expressly left open the possibility that future circumstances could justify such recognition.

The court stated that s. 7 may one day require governments to take steps to ensure basic necessities where the evidence shows that deprivation undermines life or security.

2. Section 15: Equality rights

Food insecurity disproportionately affects children, seniors, low-income workers, disabled persons, Indigenous communities and single-parent households. Under s. 15, laws or policies that deepen disadvantage for protected groups may violate equality rights.

In Eldridge v. British Columbia (Attorney General), [1995] S.C.C.A. No. 397, the court held that governments may be required to take positive steps to ensure meaningful access to essential services for vulnerable groups. This reasoning supports the idea that equitable access to nutrition may fall within the protective reach of equality rights.

3. Charter values and human dignity

The Supreme Court has repeatedly emphasized that dignity is central to constitutional interpretation. In Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10, the court reaffirmed that human dignity shapes the way legal rights apply to vulnerable individuals.

Food is inseparable from dignity, stability and personal well-being. Ensuring access to food aligns with the Charter’s overarching commitment to protecting human worth.

4. International law as an interpretive tool

Under the guidance of Baker (1999), decision-makers, including tribunals interpreting social assistance legislation, must consider international human rights standards such as the UN right to food. This interpretive obligation pushes Canadian law closer to recognizing food security as an essential component of human rights protection.

Christmas, community and the law

Christmas places these legal and moral principles into sharp relief. Food banks across Alberta report their highest demand in December, as families struggle under the weight of both holiday expenses and winter costs. Yet this season also reveals the deep generosity of Canadian communities, who organize hamper drives, support local charities and ensure that neighbours do not go without.

These acts echo the values found in our legal system. International human rights norms, Charter protections and provincial legislation all rest on a simple truth: food is foundational to human dignity.

When we share meals or contribute to local food drives, we are not engaging in charity alone. We are participating in a broader commitment to justice, equality and human worth. And during the Christmas season, when community and compassion take centre stage, the call to ensure that everyone has enough to eat becomes even more urgent.

Access to food should not depend on luck or circumstance. It should be something every person in every community can rely on, not only during Christmas but throughout the year.

After completing his LLB at the University of East London, Tega Adjara pursued a specialized LLM in international law and the global economy. Currently, he is working for the Alberta government sentencing department.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

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