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Homeowners with policies of home warranty insurance issued by Aon Reed Stenhouse Inc. Home Warranty Insurance Providers. The Convention on the Rights of Persons with Disabilities requires that states parties take steps to ensure that people with disabilities have equal access to housing. This includes removing barriers to accessibility.
International human rights treaties generally impose obligations only on governments as opposed to private citizens or other third parties that have ratified the treaties. Housing rights treaties do not require states to provide housing for their entire population.
States parties are expected to achieve the full realization of these rights progressively. In other words, they must take steps over time, to the maximum of their available resources, to ensure people enjoy housing rights.
There are some exceptions to this progressive realization of housing rights. Notwithstanding resource constraints, states parties must take immediate steps to protect against housing discrimination, develop specific laws and plans of action, prevent forced evictions and guarantee some degree of security of tenure to all.
Indigenous peoples may also hold different housing rights. Figure 1 shows how international housing rights are legislated and enforced in Canada. In addition, as noted above, the National Housing Strategy Act recognizes housing as a human right.
Together, the housing advocate and council are mandated, among other duties, to monitor the implementation of the National Housing Strategy; consult stakeholders; study systemic housing issues, including by establishing a review panel to hold hearings; and advise the designated minister on systemic housing issues, including by preparing reports with recommendations for housing matters over which Parliament has jurisdiction. The designated minister must respond to the reports prepared by the housing advocate and review panels and, every three years, must report to Parliament on the effectiveness of the National Housing Strategy.
In addition to these measures, the National Housing Strategy provides funding to build, renew or repair housing units; resources for community housing providers; and support for housing research. Provincial and territorial human rights codes generally apply to provincially or territorially regulated organizations, businesses and non-profit organizations, and to provincial, territorial and municipal governments.
No Canadian province or territory enshrines housing as a stand-alone right in its human rights code or other laws. They all also allow for special programs that aim to reduce inequality, which may include housing programs. Some human rights codes provide protections against forced evictions. The precise protections differ depending on the code.
The appendix to this publication outlines the relevant housing rights in provincial and territorial human rights codes. In addition, many provinces and territories have introduced other housing-related laws and regulations, such as rent controls. However, these measures are normally framed as policy matters and not as components of housing rights. One example is the municipal authority over the use of certain public spaces.
In practice, however, Indigenous peoples do not always enjoy the housing rights that they have claimed. Many Indigenous peoples also hold treaty rights. Treaty rights are rights set out in the roughly 95 historic treaties and modern land claims agreements signed between various groups of Indigenous peoples and the Crown since For some, fulfilling housing rights might mean the government must fully fund housing for Indigenous peoples; for others, it might mean guaranteed subsidies for on-reserve home construction under a band-operated housing program.
For instance, some First Nations state that the federal government made housing commitments during oral treaty negotiations, during which all parties relied on translators for accuracy. However, these housing commitments were never reflected in the written treaty texts, which the Government of Canada has historically viewed as the only valid version. First Nations people living on reserve have only enjoyed protection under the CHRA since , despite it being enacted in As a result, they can now bring complaints to the Canadian Human Rights Commission about discrimination they may experience while accessing federal services, including in the housing sphere.
The CHRA protections apply to housing provided under targeted federal programs for Indigenous peoples. They also apply to housing administered by a First Nation government or band council.
Nevertheless, housing protections in provincial human rights laws generally do not apply on First Nations reserves due to the fact that the land set aside for these reserves falls under federal jurisdiction. Human rights are only meaningful if there are ways to protect and uphold them.
The UN has other compliance tools that individuals and states can use, but they do not bind states. Although the Charter does not explicitly enshrine a right to housing, some Canadians have argued that certain sections include housing rights. Judges in recent cases have ruled that section 7 the right to life, liberty and security of the person includes specific housing rights. In Victoria City v. Adams and Abbotsford City v. Shantz , the Supreme Court of British Columbia decided whether cities were justified in shutting down temporary shelters set up by homeless people in public parks.
In two very similar cases, British Columbia v. Adamson April and British Columbia v. Adamson July , the Supreme Court of British Columbia decided whether the province was justified in giving trespass notices to people who had set up a temporary camp on the grounds of the courthouse.
In the July case, the judge deemed the same camp had become unsafe. Positive housing rights oblige governments to actively provide shelter or housing-related services. Canadian courts grappled with this distinction in Tanudjaja v.
Canada Attorney General Among other remedies, they sought a court order obliging Canada and Ontario to create strategies addressing homelessness and adequate housing. In essence, this would require the court to interpret the Charter to include positive housing rights.
The Ontario Court of Appeal dismissed the appeal at the pleadings stage. The majority stated that, among other issues, this form of broad economic policy was not justiciable. The majority considered the positive rights claims too complex and political for the court system. The minority opinion was that it was too early to dismiss the appeal; they held that other cases provide precedence to recognize positive obligations for social and economic rights under the Charter.
The ruling in Tanudjaja suggests that courts are not likely to recognize the existence of positive housing rights in the Charter. However, the Adams , Shantz and both Adamson decisions recognized some negative housing rights when the province had no adequate shelter available. Thus, it appears that infringements on negative housing rights can sometimes be legally remedied with positive government action. Was this page relevant to your needs? Sorry to hear that!
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