Gold’s Legal Minute*GLM*
By Allan Gold, lawyer Montreal and elder law attorney
Vol. 17, #2 – February 28, 2026
FERGUS, Ontario, Canada, Feb. 27, 2026 – “‘There’s significant impact’: rising food prices weighing on seniors.”Jordan Snobelen writes: “Food prices have increased 22 per cent since 2022, according to the Bank of Canada, a rate outpacing inflation (about 13%). In November, food prices were up nearly 5% year-over-year, as per Statistics Canada, the largest increase since December 2023.The trend is expected to continue into this year as well. Canada’s Food Price Report, an annual publication led by Dalhousie University, predicts overall food prices will rise 4 to 6% this year. Older adults are responding by shopping more cautiously, changing their diets and, in some cases, turning to food banks.” 1
OPENING
That’s quite a headline. So there’s food insecurity in Canada. Intuitively we know that’s true. It’s a perfect storm: Canada’s lesser GDP per person, Trump’s tariff war, housing shortage, grocery inflation and rising costs in meat, produce, increasing demand for food banks, etc. That disproportionately affect the most vulnerable, those in low-income households. It also means means many elderly people, on a fixed income, facing higher rent, escalating food prices are struggling to survive. I hear that the federal government is stepping up. That’s a good thing. But I don’t hear much talk about the other ‘safety net.’ As a lawyer Montreal, elder law attorney, I say, “Support of family is also required when parents are in need. More precisely, adult children, who can afford it, need to step up too!”
STARTING POINT
Knowing what terms mean is the correct place to start.
Definitions
“Food insecurity” – “the inadequate or insecure access to food due to financial constraints. It is a serious public health problem, a marker of pervasive material deprivation, and a matter of public policy.”2
“Necessities of life” – “those things without which survival would be endangered, including but not limited to food, clothing, shelter, medical expenses, and heat;” 3
UNITED NATIONS
“So what’s law got to do with It?” Glad you asked. First, I will speak of the United Nations. Canada is a founding signatory to the UN Charter, having signed it on June 26, 1945, in San Francisco and officially ratified it on November 9, 1945. So this is a matter of national legal obligation. The UN addresses food insecurity as follows.
Universal Declaration of Human Rights, ADOPTED 16 December 1966 BY General Assembly resolution 2200A (XXI)
“Article 25
- Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
- Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.” 3
International Covenant on Economic, Social and Cultural Rights, ADOPTED 16 December 1966 BY General Assembly resolution 2200A (XXI)
“Article 11
1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.
2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:
(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;
(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need” 4
FACT SHEET: Statistics and more
Let’s now get the facts, shall we? In 2026, families will spend more on food in 2026. In Canada, twenty-five percent (25%) of households are considered food insecure.
Canada’s Food Price Report 2026 (Dec. 4, 2025)
“Last year’s report predicted there would be an overall price increase of 3% to 5% in 2025. The current rate for food price increases is within the predicted range at 4% (in store) according to the latest available CPI data.1 By category, price increases for dairy, restaurants and seafood also fell within the forecasted ranges. However, meat and other food products increased at a higher rate than forecasted. This was balanced by lower-than-expected rates in the bakery category and price decreases for both fruits and vegetables.
…
Based on the predictions for 2025, the maximum total annual expenditure for a family with the following demographic composition: a man (aged 31-50), a woman (aged 31-50), a boy (aged 14-18), and a girl (aged 9-13), was projected to be up to $16,833.67. Based on the observed changes in 2025, a family with the same demographic makeup spent $16,577.16, a difference of $256.51.” 5
*****//*****
“Canada’s living standards slide as GDP per capita falls 2% over 5 years” – Wealth Professional – Steve Randall (Sep 19, 2025) 6
*****//*****
Canada Groceries and Essentials Benefit
Many of you might say, “Okay, hasn’t the government brought in a new program dealing with this food problem?” Right you are! Here are some of the benefit details.
“To support those most affected by the rising price of food, the government is proposing the new Canada Groceries and Essentials Benefit to help more than 12 million low- and modest-income Canadians afford day-to-day essentials, starting in the spring of 2026 (subject to Royal Assent).
The Canada Groceries and Essentials Benefit, will be indexed to inflation, and builds on the existing Goods and Services Tax (GST) Credit and provide $11.7 billion in additional support over six years by:
1. providing a one-time top-up payment to be paid as early as possible this spring and no later than June 2026 (subject to Royal Assent)—equal to a 50% increase in the annual 2025-26 value of the GST Credit. This would deliver $3.1 billion in immediate assistance to individuals and families who currently get the GST Credit.
2. increasing the value of the Canada Groceries and Essentials Benefit by 25% for five years starting in July 2026 (subject to Royal Assent). This increase would deliver $8.6 billion in additional support over the 2026-27 to 2030-31 period, including to 500,000 new individuals and families.
…
Under the proposed changes:
A single senior with $25,000 in net income would receive a one-time top-up of $267 plus a longer-term increase of $136 for the 2026-27 benefit year (total increase of $402). In total, they would receive $950 for the 2026-27 benefit year (including the top-up).
A couple with two children with $40,000 in net income would receive a one-time top-up of $533 plus an increase of $272 for the 2026-27 benefit year (total increase of $805). In total, they would receive $1,890 for the 2026-27 benefit year (including the top-up).” 8
Many of you now might say, “Okay, since the government brought in this program, why are you now writing about this anyway?” Because for sons and daughters, that doesn’t let you off the hook! Indeed, many live close by, visit regularly.
Economic and Social Reports: Geographic proximity between adult children and their parents in Canada by Samuel MacIsaac, Release date: November 26, 2025 Correction date: December 1, 2025
“Over half of adult children lived within 20 kilometres of their parents in their 50s
Despite Canada’s size, adult children typically continued to live close to their parents well into their 50s. For the studied child-parent combinations who resided in Canada, almost three-quarters lived within 100 kilometres of each other, and closer yet, just over half lived within 20 kilometres. Among those adult children living furthest from their parents, approximately 10% to 12% of child-parent combinations lived 500 kilometres or more away from each other, and another 14% to 16% lived 100 to 499 kilometres apart. These results were consistent with evidence showing that adult children and parents tend to live close to one another in many countries (Michielin and Mulder 2007; Isengard, 2013; Compton and Pollak, 2015; Choi et al., 2020). Adult children, especially daughters, lived closer to their mother than their father.Note This aligns with prior research about daughters residing closer to their aging parents than sons, and how it could be associated with the higher provision of eldercare by daughters (Bookman and Kimbrel, 2011) or the higher provision of childcare by maternal grandparents (Thomese and Liefbroer 2013).
Adult children were most likely to live within 20 kilometres of their parents in Prince Edward Island and least likely in Saskatchewan.” 7
And then, there’s a little thing called the law!
STATUTES
As per legislation, adult children have a legal obligation when it comes to their parents. Here are some key provisions.
Civil Code of Québec chapter CCQ-1991
11. Nul ne peut être soumis sans son consentement à des soins, quelle qu’en soit la nature, qu’il s’agisse d’examens, de prélèvements, de traitements ou de toute autre intervention. Sauf disposition contraire de la loi, le consentement n’est assujetti à aucune forme particulière et peut être révoqué à tout moment, même verbalement.
Si l’intéressé est inapte à donner ou à refuser son consentement à des soins et qu’il n’a pas rédigé de directives médicales anticipées en application de la Loi concernant les soins de fin de vie (chapitre S-32.0001) et par lesquelles il exprime un tel consentement ou un tel refus, une personne autorisée par la loi ou par un mandat de protection peut le remplacer. 1991, c. 64, a. 11; 2014, c. 2, a. 65; N.I. 2016-01-01 (NCPC).
…
585. Les époux et conjoints unis civilement de même que les parents en ligne directe au premier degré se doivent des aliments.1991, c. 64, a. 585; 1996, c. 28, a. 1; 2002, c. 6, a. 36.
Charte des droits et libertés de la personne (chapitre C-12)
2. Tout être humain dont la vie est en péril a droit au secours.
Toute personne doit porter secours à celui dont la vie est en péril, personnellement ou en obtenant du secours, en lui apportant l’aide physique nécessaire et immédiate, à moins d’un risque pour elle ou pour les tiers ou d’un autre motif raisonnable.1975, c. 6, a. 2.
…
45. Toute personne dans le besoin a droit, pour elle et sa famille, à des mesures d’assistance financière et à des mesures sociales, prévues par la loi, susceptibles de lui assurer un niveau de vie décent.1975, c. 6, a. 45.
…
48. Toute personne âgée ou toute personne handicapée a droit d’être protégée contre toute forme d’exploitation.
Telle personne a aussi droit à la protection et à la sécurité que doivent lui apporter sa famille ou les personnes qui en tiennent lieu. 1975, c. 6, a. 48; 1978, c. 7, a. 113.”
*****//*****
“Right now, 1 in 4 people in Canada don’t have access to the food they need to be at their best.” –Foodbanks Canada 9
*****//*****
JURISPRUDENCE
I was curious about the jurisprudence on this obscure element of our law. I couldn’t find a single Quebec case. But I did find one from British Columbia.
Anderson v. Anderson, 2013 BCSC 129 (CanLII)
In 2000, Shirley Marie Anderson, 74, brought action, seeking support from three of her children: Donna Dobko, 53, Keith Anderson, 51, and Kenneth Anderson, 48. She invoked a section of B.C.’s Family Relations Act. Her claim was that adult children are responsible for legally supporting parents who are “dependent on a child because of age, illness, infirmity or economic circumstances.” At first, a judge ordered defendants to pay their mother $10 per month. But on Wednesday, Jan. 30, 2013, Hon. Mr. Justice Robert D. Butler of B.C. Supreme Court rendered judgment. He dismissed the claim. He considered the mother financially dependent. But he determined that her children did not have the means to support her. It’s interesting he also wrote: “The childhood experiences of Donna and Kenneth and the lengthy estrangement which resulted from the claimant’s failure to parent the children in any meaningful way are sufficient to relieve the court from considering any moral claim by the claimant to a lifestyle similar to that of her children.”
Notice: The undersigned attempted to secure a copy of the judgment, but to date has not done so. Be advised that the court quotation(s) were sourced from the following: https://www.cbc.ca/news/canada/british-columbia/runaway-b-c-mom-not-entitled-to-support-from-adult-children-1.1324878, etc.
ANALYSIS
Re obligation to provide support, the Civil Code of Québec (CCQ) is relevant.
- Article 11 speaks to the right of every person to be fed and be the recipient of care.
- Articles 585-595 speaks of basic needs (food, housing, clothing, care) between certain close family members: spouses, civil union partners, parents/children. Article 585 is the critical article. “Married or civil union spouses, and relatives in the direct line in the first degree, owe each other support.”
In addition, Article 2, 45, 48 of the Quebec charter are pertinent. Article 2 states that every human being whose life is in danger has a right to assistance. Article 45 states that Every person in need has a right, for themselves and their family, to financial assistance and social measures, as provided by law, that will ensure them a decent standard of living. Article 48 states that an aged person has a right to the protection and security that must be provided to him by his family directly or indirectly. Let’s dig deeper.
“L’obligation alimentaire” [alimentary obligation] is something well known. In Quebec, it’s the requirement on parents to provide for their children’s needs (housing, food, education) after a separation, regardless of their marital status. Both parents contribute according to their ability to pay. This obligation continues after age 18 if the child is in full-time schooling or unable to support themselves. But there’s an added dimension to that.
Under Art. 585 of the Civil Code of Québec, this alimentary obligation” is reciprocal between parents and children. Being reciprocal indicates a mutual, corresponding, or inversely related exchange. This means that children – read an adult child is obliged, under Quebec law, to provide for their parent’s needs (housing, food, healthcare instead of education). As a result, if a parent cannot provide for his/her own basic needs (food, housing, healthcare), as long as the son or daughter has the financial capacity to assist, but should he/she fail to pony up, the parent can sue adult child for support and he/she might be condemned . It’s a ‘need vs. capacity’ equation.
Such is the law, but this provision isn’t typically raised. The question is “Why not?” In my opinion, there are several reasons, notably to wit:
#1 People generally believe that providing a pension for seniors is the responsibility of government.
#2 The population is generally unaware of this obscure element of the law.
#3 It’s a widely held ‘fact of life’ that parents support kids, not vice versa. So it’s a social taboo.
#4 No father or mother wants to be a burden on their kids. To ask for money is to admit their failure to provide for their old age. And they`re afraid of being stigmatized – bearing such a mark of disgrace.
While these reasons might be partially logical, reasonable or understandable, the law supersedes.
NOTEWORTHY
Allan J Gold is now featured in FeedSpot Top 90 Canada Law Blogs. Check it out at https://bloggers.feedspot.com/canada_law_blogs/
As well, Allan J Gold can be found at https://www.lexblog.com/site/allan-j-gold-blog/
CONCLUSION
As a lawyer Montreal, elder law attorney, I say, “Affordability for food & shelter—particularly among the elderly, requires immediate action. Many look to government to fix it. But while it does have a role, so do everyday people – read adult sons and daughters. So to all adult children out there, please step up without delay and voluntarily do the right thing! Indeed, you’ll be making a real difference in the quality of life for your mother and/or father. If not, your parent might suffer greatly. And maybe, the nonexistent case law on this little known provision of law might change when you get sued and are ordered to fulfill your legal obligation!” **
ALLAN J. GOLD, lawyer Montreal, elder law attorney.
www.allanjgold.com
! Check out my other LinkedIn articles at https://lnkd.in/dn4KSRG
!! Should you wish to peruse a variety of articles I have written, please visit https://allanjgold.com/blog-glm/
!!! Call to action: To every attorney in the field, I say, “Write a post/article. Let’s help seniors & their families become better informed about elder law Canada! And by the way, please send it along. I’d love to read it.”
NOTICE – CAUTION –DISCLAIMER. The material provided herein is of a general nature, strictly for informational purposes. The interpretation and analysis is not to be misapplied to a personal situation with a particular set of facts. Under no circumstances, are the herein suggestions and tips, intended to bring a reader to the point of acting or not acting, but instead, the hope is that they are to be a cause for pause and reflection. It is specifically declared that this content is not to be a replacement of, or a substitution for, legal or any other appropriate advice. To the contrary, for more information on these presents, related subjects or any other questions, it is the express recommendation of the author that everyone seek out and consult a qualified professional or competent adviser.
1. https://www.wellingtonadvertiser.com/theres-significant-impact-rising-food-prices-weighing-on-wellington-county-seniors/
2. https://proof.utoronto.ca/food-insecurity/
3. https://www.lawinsider.com/dictionary/necessities-of-life
4. Intehttps://www.un.org/en/about-us/universal-declaration-of-human-rightsrnational Covenant on Economic, Social and Cultural Rights
5. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights
6. https://cdn.dal.ca/content/dam/dalhousie/pdf/sites/agri-food/FINAL%20E%20low.res%20DAL_PRICE_REPORT_2026.pdf
7. https://www.wealthprofessional.ca/news/industry-news/canadas-living-standards-slide-as-gdp-per-capita-falls-2-over-5-years/390290
8. https://www150.statcan.gc.ca/n1/pub/36-28-0001/2025011/article/00002-eng.htm
9. https://www.canada.ca/en/department-finance/news/2026/01/the-new-canada-groceries-and-essentials-benefit.html
10. https://foodbankscanada.ca/
**© 2026– ALLAN GOLD – ALL RIGHTS RESERVED-TOUS LES DROITS SONT RÉSERVÉS Ed. 2026-02-28-001
*©/TM 2006, 2008, 2018 Allan Gold, Practitioners’ Press Inc. – ALL RIGHTS RESERVED