Canada’s housing policy landscape over the last five years has seen some exciting changes. This past April, CHRA and CIH Canada were proud to offer a Pre-Congress course, ‘The Curious Case of Housing Policy in Canada’, which highlighted some of these changes for housing professionals. Read on to learn about what was discussed during the course.

 

Who was involved in these conversations?

The course had a diversity of participants ranging from 30-year veterans in housing to those just entering the field. The variety of perspectives from participants from the west coast to the east coast and the territories enhanced our discussions on housing policy.

Regardless of the number of years or positions individuals held, each felt the refresher and update was a great benefit to them. While working in the supportive housing sector, government, or housing development (to name a few), many participants felt they learned new information and had takeaways from the course.

 

Housing as a Human Right

Debatably one of the most ground-breaking developments in the housing arena over the last five years was the passing of the National Housing Strategy Act (NHSA) in 2019. Section 4 of this Act reaffirms the international right to housing in Canadian legislation, marking the first time in history that the federal government passed policy deeming housing a human right.

Much of the discussion centred around understanding what this looks like and how it has been implemented in Canada. Unfortunately, only months after the adoption of this policy, the COVID-19 pandemic emerged, which significantly hindered the implementation process. But the question remains, what has been done thus far? The answer is, unfortunately, very little.

In terms of legal reform, while the passing of the NHSA remedies the failures of Tanudjaja v. Canada (2014), there has been no legal action citing the NHSA in front of the Supreme Court of Canada to date. The Tanudjaja case, which was a pivotal housing precedent in Ontario, developed when several applicants, including individuals suffering from homelessness and advocacy groups, joined together to argue that the government is denying homeless individuals their Chartered rights by not providing housing. Unfortunately, the case was dismissed by both the Superior and Appeal Courts in Ontario due to a lack of justiciable laws the judges could consider. This is no longer the case. However, until the NHSA is better understood through implementation, housing policy experts do not foresee legal action in the near future.

Fortunately, through the NHSA, Canadians will notice more accountably mechanisms in place for those who are suffering from inadequate, insufficient, and unaffordable housing. With the passing of the NHSA, two central bodies were established, the National Housing Council and the National Housing Advocate.

Over the past four years, the formation of the National Housing Council has been established and meetings have begun. The Council, which is in direct communication with the Federal Minister of Housing, is responsible for addressing large systemic and overarching barriers in housing across Canada. The Council includes both regional and cultural representation, including a strong Indigenous voice.

Furthermore, following a rigorous selection process, on February 20, 2022, Marie-Josée Houle was appointed as the first Federal Housing Advocate. The Advocate plays an investigative role, hearing from communities across Canada on their housing issues and reporting back to the Council and Federal Housing Minister on her findings.

While those suffering from a lack of affordable and inadequate housing may not feel the impact of the NHSA yet, there is cause for hope that through these accountability mechanisms, change is on the horizon.

 

Course Discussion on Accountability

Throughout the course, one central issue arose that had the participants quite passionate in discussion. This was the lack of traceability of the funds once allocated to lower levels of government. For example, bi-lateral agreements between federal and provincial governments, documenting the funding being passed to provinces is publicly accessible, but tracing the funding meant for housing and how it is being used once transferred is not as transparent. The same can be said for when provinces allocate funds to cities. It was suggested by several course participants that for better political accountability from publicly elected officials, there must be policies or programs developed that allow for the funds to be tracked once received by governments. The goal of this would be to gain more transparency into efforts by government to assist in housing supports and to ensure funds are being used for their intended purposes. Too often is money left on the table and not used for its intended purposes.

 

Course Takeaways

Housing in Canada is in crisis. Communication and cooperation must improve between federal and provincial governments to establish more affordable and adequate housing. The right to housing, while not seen on the ground-level yet, can be a light at the end of the tunnel for many Canadians in core housing need.

 

By Justin Rain, Ph.D. Candidate (ABD) in Public Policy at Toronto Metropolitan University