Housing and Homelessness

What is the relationship between equality law and socioeconomic status in Canada?

Socioeconomic status is not an enumerated ground of discrimination under the Canadian Charter of Rights and Freedoms, limiting explicit constitutional protection against discrimination based on socioeconomic disadvantage.

Why would socioeconomic status need to be recognised as an analogous ground under the Charter to receive protection on that basis?

Socioeconomic status is not an enumerated ground, so the Supreme Court would have to recognise it as an analogous ground of discrimination.

Has the Supreme Court of Canada recognised socioeconomic status as an analogous ground of discrimination?

No. According to the lecture notes, it has not done so.

How can socioeconomic disadvantage intersect with other marginalised identities in discrimination cases?

Socioeconomic disadvantage often intersects with other marginalised identities, so discrimination may be raised using existing grounds-based categories.

What limited statutory protection against discrimination based on social or economic circumstances exists in Canada?

Some human rights legislation provides protection, such as the Quebec Charter of Human Rights and Freedoms, which includes “social condition” as a prohibited ground.

What changes have been proposed regarding socioeconomic disadvantage in federal human rights law?

Calls have been made for socioeconomic disadvantage to be included in federal human rights legislation, including by the Chief Commissioner of the Canadian Human Rights Commission.

Why is housing an equality issue?

Inadequate housing is linked to discrimination, colonisation, racism, and marginalisation.

What structural factors contribute to housing inequality in Canada?

Systematic underfunding of social housing, inadequate income support, discriminatory zoning, a tax system that favours homeowners over tenants, discriminatory rental practices, and real estate practices that contribute to spatial segregation.

How does underfunding social housing contribute to housing inequality?

Systematic underfunding reduces the availability of adequate and affordable housing for people who need it.

How does inadequate income support contribute to housing inequality?

Insufficient income support can prevent people from accessing or maintaining adequate and affordable housing.

How can discriminatory zoning contribute to housing inequality?

It can destroy affordable housing and force evictions of migrants, racialised groups, religious minorities, urban Indigenous people, and other protected groups to make way for predominantly affluent white households.

Which groups may be displaced by discriminatory zoning practices?

Migrants, racialised groups, religious minorities, urban Indigenous people, and other protected groups.

How does Canada's tax system contribute to housing inequality, according to the lecture notes?

It disadvantages tenants and advantages affluent homeowners.

Which organisations are cited as sources for the 2021 discussion of housing as an equality issue?

The Centre for Equality Rights in Accommodation, the National Right to Housing Network, and the Social Rights Advocacy Centre (2021).

How does systemic discrimination occur in access to rental housing?

Landlords select among multiple applicants using income, credit, references, and other socioeconomic factors, which can deny low-income households access to affordable and decent housing.

What socioeconomic factors may landlords consider when selecting tenants?

Income, credit history, references, employment, and information about previous landlords.

Why can selecting tenants based on income, credit, and references disadvantage low-income households?

These selection practices can exclude people facing socioeconomic disadvantage from affordable and decent housing.

How can real estate practices contribute to spatial segregation?

Large-scale acquisitions of urban land and housing can create residential separation based on socioeconomic status.

What is spatial segregation in the context of housing inequality?

The separation of people into different areas or neighbourhoods according to socioeconomic status.

Which grounds related to socioeconomic disadvantage have appeared in some Canadian human rights legislation?

“Social condition,” “social and economic disadvantage,” and “receipt of public assistance.”

Why does the existence of some human rights protections not mean housing discrimination has been eliminated?

Discrimination remains systemic and widespread in practice.

Are rental properties generally allocated on a first-come-first-served basis, according to the lecture notes?

No. Properties are often allocated based on information about prospective tenants, including income, employment, previous landlords, and credit.

What does the phrase “risk of default” refer to in rental housing selection?

The perceived risk that a prospective tenant will fail to meet rental payment obligations; landlords may use socioeconomic information when assessing this perceived risk.

What is one result of tenant-screening practices based on perceived risk?

They disproportionately exclude disadvantaged groups facing discrimination and favour white, able-bodied households without children.

Which groups are described as being favoured by discriminatory tenant-selection practices?

White, able-bodied households without children.

How can apparently neutral rental criteria produce discriminatory outcomes?

Criteria such as income, credit, employment, and landlord references can systematically disadvantage people from marginalised groups and restrict their access to housing.

Is the right to housing explicitly established as a self-standing right in the Canadian Charter?

No. The right to housing is not included in the Charter as a self-standing right.

Is the right to housing explicitly included in provincial, territorial, or federal human rights laws, according to the lecture notes?

The lecture notes state that it is not included as an explicit right in these laws.

What is the status of housing under international law?

Housing is recognised as a human right under international law.

Who was the UN Special Rapporteur quoted in the lecture notes on the right to adequate housing in Canada?

Miloon Kothari.

What concern did UN Special Rapporteur Miloon Kothari raise about the right to housing in Canadian law?

There are no explicit provisions in Canadian law guaranteeing the right to adequate housing, making the interpretation of the open-ended provisions of the Canadian Charter critical to giving domestic effect to this right.

According to Miloon Kothari, why are the open-ended provisions of the Charter important to housing rights?

Because the Charter does not explicitly refer to the right to adequate housing, interpreting its broader provisions is critical to giving the right domestic effect in Canada.

According to Miloon Kothari, how does denying adequate housing to marginalised and disadvantaged groups relate to Charter rights?

Such denial clearly assaults fundamental rights protected by the Charter, even though the Charter does not explicitly name the right to adequate housing.

What is the central tension between international human rights law and Canadian domestic law regarding housing?

Housing is a human right under international law, but Canadian law does not explicitly establish it as a self-standing Charter right.

Why is homelessness an equality issue?

People experiencing homelessness face violence, discrimination, and stigmatisation, and homelessness disproportionately affects marginalised groups.

Which groups are disproportionately affected by homelessness according to the lecture notes?

Persons with disabilities, racialised groups, people receiving social assistance, women, and other marginalised groups.

Is homelessness recognised as a prohibited or analogous ground of discrimination under the Charter, according to the lecture notes?

No. The notes state that homelessness is not recognised as a prohibited ground or an analogous ground of discrimination.

How does homelessness intersect with disability and mental health?

People living with disabilities or mental health conditions make up 45% of Canada's homeless population.

What percentage of Canada's homeless population is made up of people living with disabilities or mental health conditions, according to the lecture notes?

45%.

What did the Inquiry into Missing and Murdered Indigenous Women and Girls find regarding Indigenous women and girls who are unhoused?

It found that Indigenous women and girls are especially vulnerable to violence when they are unhoused.

Why is homelessness an intersectional issue?

It disproportionately affects people who experience overlapping forms of marginalisation, including disability, mental health conditions, racialisation, gender-based discrimination, and socioeconomic disadvantage.

What is an intersectional approach to understanding homelessness?

An approach that recognises how overlapping social identities and structural inequalities can shape people's experiences of homelessness, discrimination, and violence.

What was the case Tanudjaja et al. v Canada et al. (2014) about?

It was brought by individuals who had experienced homelessness or inadequate housing against the governments of Ontario and Canada.

What did the claimants in Tanudjaja et al. v Canada et al. (2014) argue about government decisions since the mid-1990s?

They argued that federal and provincial government decisions had eroded access to affordable housing without adequately addressing the impact on homelessness.

What happened to the Tanudjaja case before it reached trial?

The case was dismissed before trial by the Ontario Superior Court, and the claimants' attempt to appeal was denied by the Supreme Court of Canada.

What does “justiciable” mean in the context of Tanudjaja?

It refers to whether an issue is suitable for determination by a court. The case was dismissed on the basis that the claim was not justiciable.

What was the outcome of Tanudjaja et al. v Canada et al. (2014)?

The claim was dismissed before trial, and the Supreme Court of Canada denied the appeal.

What were the key legal barriers identified in Tanudjaja, according to the lecture notes?

The claim was considered not justiciable; homelessness was not recognised as a ground of discrimination under the Charter; and the court did not recognise a positive obligation on the government to provide adequate housing.

What is a positive obligation on the government in the context of housing rights?

A duty requiring the government to take affirmative action, such as providing or ensuring access to adequate housing, rather than merely refraining from interfering with existing rights.

What does Tanudjaja suggest about establishing a constitutional duty to provide housing?

The case did not establish a positive constitutional obligation on the government to provide adequate housing.

What is the difference between recognising homelessness as a ground of discrimination and recognising a positive duty to provide housing?

Recognising homelessness as a ground would provide a basis for challenging discrimination related to homelessness; recognising a positive duty would require government action to address inadequate housing. These are distinct legal questions.

What was the Abbotsford (City) v Shantz (2015) case about?

It involved two proceedings before the BC Supreme Court: one by the City of Abbotsford seeking a permanent injunction against a homeless encampment, and another challenging bylaws restricting structures and overnight sleeping in public parks.

Who sought an injunction in one part of Abbotsford (City) v Shantz (2015)?

The City of Abbotsford sought a permanent injunction against a particular homeless encampment.

Which organisation challenged the bylaws in Abbotsford (City) v Shantz (2015)?

The British Columbia/Yukon Association of Drug War Survivors.

What bylaws were challenged in Abbotsford (City) v Shantz (2015)?

Bylaws prohibiting the erection of structures on public land and sleeping in any park overnight without a permit.

What were the mixed results in Abbotsford (City) v Shantz (2015)?

The court found the bylaws unconstitutional because they affected liberty interests, but it did not make findings about the government's response to the housing crisis or its positive obligations.

Why were the bylaws found unconstitutional in Abbotsford (City) v Shantz (2015), according to the lecture notes?

They impacted the liberty interests of people experiencing homelessness.

Did the court in Abbotsford (City) v Shantz (2015) establish that the government had a positive obligation to address the housing crisis?

No. The court declined to make findings about the government's response to the housing crisis or its positive obligations.

Did Abbotsford (City) v Shantz (2015) recognise homelessness as an analogous ground of discrimination under the Charter?

No.

What is the significance of Abbotsford (City) v Shantz (2015) for people living in homeless encampments?

The court found the challenged bylaws unconstitutional because they affected liberty interests, but did not establish a general positive government duty to provide housing or recognise homelessness as an analogous ground.

What was Victoria (City) v Adams (2008) about?

It concerned a civil injunction against a group of homeless people who had constructed a tent in one of Victoria's parks.

What bylaw was challenged in Victoria (City) v Adams (2008)?

A bylaw prohibiting people from taking up temporary abode overnight or erecting or constructing a temporary structure, such as a tent, in a park.

What Charter rights did the claimants invoke in Victoria (City) v Adams (2008)?

The rights to life, liberty, and security of the person.

What was the outcome of Victoria (City) v Adams (2008)?

The judge found in favour of the claimants challenging the bylaw.

Did Victoria (City) v Adams (2008) establish a positive duty on the government to provide adequate housing?

No. The court did not declare that the government had a positive duty to provide adequate housing.

What is the key distinction between Victoria (City) v Adams (2008) and a ruling that the government must provide housing?

A decision against restrictions that affect the rights of people experiencing homelessness does not necessarily establish an affirmative government obligation to provide adequate housing.

What do Tanudjaja, Abbotsford (City) v Shantz, and Victoria (City) v Adams illustrate about housing and homelessness rights?

Legal challenges can contest government actions or bylaws that affect people experiencing homelessness, but they do not necessarily establish homelessness as a protected ground or create a positive government obligation to provide adequate housing.

How can a bylaw restricting overnight sleeping in parks affect people experiencing homelessness differently from housed people?

People without housing may have no private place to sleep, so restrictions on sleeping or erecting temporary shelters in public spaces can directly affect their ability to find shelter.

What is the main equality-law problem when homelessness is not recognised as a protected ground?

People experiencing homelessness may face systemic discrimination and disadvantage without being able to rely on homelessness itself as an expressly protected ground of discrimination.

How can housing inequality reproduce socioeconomic inequality?

Discriminatory rental practices, exclusion from affordable housing, displacement, and spatial segregation can concentrate disadvantage and limit access to secure housing.

What is the key difference between a negative right and a positive obligation in housing cases?

A negative right protects people against certain forms of interference by the state; a positive obligation would require the state to take affirmative steps to provide or secure adequate housing.

Why is the right to housing a challenging issue within Canadian equality law?

Housing is a human right under international law, but it is not an explicit stand-alone Charter right, socioeconomic status is not an enumerated Charter ground, and courts have not generally established a positive government duty to provide housing in the cases discussed.

What is the main takeaway from the LWSO 335 lecture on housing and homelessness?

Housing and homelessness are deeply connected to systemic discrimination and intersecting inequalities, but Canadian legal protections are limited by the absence of an explicit stand-alone Charter right to housing, the lack of recognition of homelessness as an analogous ground, and the difficulty of establishing positive government obligations.