For human rights advocates, December 10th is like New Years Eve only without the obligatory champagne, Dick Clark’s Time Square countdown, and a morning-after-the-night-before commitment to go to the gym more often. Human rights day is a marker. It provides a moment for advocates to pause, reflect on the year past and resolve to continue to do the work necessary to improve the lives of those who are most disadvantaged. Some years it’s much harder than others to celebrate and make new resolutions because, just like New Year’s Eve, December 10th can bring on bad memories of lost opportunities, disregard, and retrogression. Overall, for those who are homeless and for those of us committed to having Canada uphold its domestic and international human rights obligations regarding the right to adequate housing, 2013 doesn’t offer much, if anything, to celebrate. So, what happened in 2013 to make it a bummer year for housing rights? My list includes three significant events perpetrated by the Government of Canada:
- Model human rights legislation addressing inadequate housing and homelessness was defeated. In February 2013, Bill C-400, a private member’s bill which provided a human rights framework for a national strategy to address inadequate housing and homelessness, was defeated in the House of Commons, despite the fact that the Bill curried widespread civil society support across Canada, and amongst all of the opposition parties.
What made this defeat so particularly disappointing was that the Government of Canada, in cahoots with Canada Mortgage and Housing Corporation (CMHC) (a supposedly arms length Crown corporation) mischaracterized the Bill to ensure its defeat. In particular, a Cabinet Minister purposefully misled the public and fellow Parliamentarians by asserting that Bill C-400 was a spending bill, focused solely on the provision of social housing that would, according to CMHC, cost taxpayers billions of dollars. In fact, Bill C-400 simply called on the federal government to convene a meeting of all relevant stakeholders to draft a national housing plan based in international human rights law aimed at solving homelessness and addressing inadequate housing in Canada. It did not focus on a narrow solution, such as social housing, rather it called for a coherent strategy across the country.
The defeat of the bill by Conservative Parliamentarians, without any comparable legislative or programmatic alternatives, was a shameful and direct attack against the human rights of the most marginalized groups in Canada, those who are homeless.
- The Ontario Superior Court released a decision prohibiting disadvantaged groups from relying on the Charter of Rights and Freedoms to address inadequate housing and homelessness. This September 2013 judgement arose from the historic Charter challenge launched by the Centre for Equality Rights in Accommodation (CERA) and 4 homeless individuals who filed a Notice of Application with the court alleging that both the Governments of Canada and Ontario have violated their rights under section 7 (life, liberty and security of the person) and section 15 (equality) of the Charter by creating and maintaining conditions that lead to and sustain homelessness. The two Governments responded by filing a motion asking the court to strike down the case PRIOR to a proper hearing with evidence about the harm suffered by homeless people and the barriers to getting the government to act. The message from both Governments is very clear: the human rights enshrined in the Charter - like the right to life – are not available to protect homeless people and compel government action, even if people are dying in the streets as a result of decisions made by governments. This position taken by Ontario was particularly troubling in light of Premiere Wynne’s public resolve that the federal government adopt a national housing strategy. It’s hard to know what’s worse: Governments who want to deny homeless people access to the courts to claim their rights, or judicial decisions that support them?
- The Government of Canada categorically rejected recommendations made by the United Nations Human Rights Council that it should adopt national strategies to address poverty, homelessness and hunger. In April 2013 Canada’s human rights record was reviewed for a second time by the UN Human Rights Council (HRC). The Universal Periodic Review or UPR, as it's called, is the most significant review of Canada’s compliance with international human rights. During the UPR several States expressed real concern with poverty, homelessness and hunger in Canada in light of the country’s affluence and suggested Canada adopt national strategies to address these social rights deprivations, as a first step in meeting their international human rights obligations. In September 2013 Canada replied to the HRC by rejecting these key recommendations. Instead, the Government adopted a self-righteous stance, asserting that existing policies and approaches are sufficient – despite the fact that it is those very policies and approaches that have helped to create alarming rates of poverty, homelessness and hunger in one of the richest countries in the world.
Looking to the year ahead it’s unimaginable that things could get any worse. The Government of Canada spent 2013 slamming doors in the faces of homeless and poor people at every turn: the legislature is not the place to defend the rights of the homeless, the Charter and the courts are off limits and the international community is equally shut out. Each of these events is an attempt to render invisible and inaudible the most disadvantaged groups in Canada. So, what are my December 10th resolutions? Though repeated trips to the gym might help with stress levels, I don’t suspect that being fit will help overcome these setbacks. No. I’ve got just one resolution on my list: I’m going to work shoulder to shoulder with colleagues across the country to pry those closed doors open, armed with the primacy of human rights for ALL people in Canada.
Leilani Farha, is the Executive Director of Canada Without Poverty – Advocacy Network. She has a long history promoting the right to adequate housing, equality and non-discrimination in housing in Canada and internationally. Prior to joining Canada Without Poverty, Leilani was the Executive Director of CERA - the Centre for Equality Rights in Accommodation for 10 years. Leilani has extensive experience addressing homelessness, poverty and inequality in Canada through advocacy, casework, litigation, research and community based work. She has been at the forefront of applying international human rights law to anti-poverty issues in Canada, and is known internationally for her work on housing rights and women’s economic and social rights. Leilani recently became the first recipient of the Spirit of Barbra Schlifer Award, which recognized the work she has done to tackle systemic barriers and inequality that result in violence against women and housing rights violations.