Discussion exercise
The right to adequate housing in Canada
Homelessness is a major problem in Canada, and most commentators agree there is lack of affordable housing in many Canadian cities. Applicants can wait years to gain access to social housing. In 2009 a group of lawyers and organisations sought to use the Canadian Charter of Rights and Freedoms, and Canada’s international obligations under the ICESCR, to launch a court action on behalf of several claimants who had no or grossly inadequate housing. The case was known as Jennifer Tanudjaja, et al, and AG of Canada, and AG of Ontario.
The case was dismissed in Ontario Superior Court and at the Ontario Court of Appeal, and in June 2015 the Supreme Court of Canada refused to hear an appeal of that decision. At the first level, the judge allowed the case to be dismissed on the grounds that there were no positive obligations in the Canadian Charter requiring governments to reduce homelessness. At the appeal, 2 of 3 judges agreed it was right to dismiss the case. The whole case is described here.
Nevertheless, homelessness and grossly inadequate housing continued to be a problem facing hundreds of thousands of Canadians. The federal Liberal government came to power in 2015 promising a national housing strategy to address the problem. They released this strategy in November 2017. In doing so, Prime Minister Justin Trudeau said “housing is a human right”.
Read the Canadian government’s strategy “Canada’s National Housing Strategy – A Place to Call Home“
Read also the report by Amnesty International “Effective human rights-based housing strategies“, especially section 7.
Discussion
Do you think the Canadian government’s strategy encompasses the human rights-based approach to housing advocated by Amnesty International? What are some of the key components of such an approach that are reflected in the strategy? Does it go far enough? In your view, will a human rights-based approach make a difference to ending homelessness in Canada? Post your thoughts in less than 300 words. You should also comment briefly on at least one other post by a student in your discussion group.