federal attorney – Winnipeg Free Press

ST. JONES, NL – Homeless people have a fundamental right to live in encampments, and that right is violated when authorities violate them, says a Canadian housing advocate.

In a piercing report released Tuesday, Marie-José Hull says the proliferation of homeless camps across the country is a national human rights crisis that requires urgent action and coordination from all levels of government. The tent camps, the report said, are the result of Canada's “persistent failure” to protect people's housing rights, which the federal government officially recognized in 2019.

Governments should ensure that homeless people have permanent housing as soon as possible, and in the meantime, authorities should equip camps with basic services such as clean water and garbage disposal so that residents can live decently, the report said.

“For the people living in these camps, every day is a matter of life and death…At the same time, the camps represent an attempt to demand human rights and meet the most basic needs of the homeless,” the document said. “Canada has the ability to solve this crisis. What is missing is sufficient political will, resources and coordination.”

In an interview ahead of the report's release, Hole called for an immediate end to forced evictions of homeless encampments and offered a clear message to cities trying to eradicate them, including Halifax and Edmonton: “This is a violation of human rights. This approach only endangers life.”

Hole was appointed to monitor Canada's progress in upholding housing as a human right. His report, titled “Protecting Dignity and Human Rights,” will conclude a review that began in February 2023 and will include meetings with lawyers, local leaders and people living in camps across the country.

Since then, this problem has become urgent, he said.

In Halifax last week, the municipality issued eviction notices to people living in five of the 11 designated encampments, telling people they had until February 26 to leave. Last month in Edmonton, police busted a camp the city deemed “high.” “Danger” and arrested three people, including a journalist.

Homeless people in Alberta, Saskatchewan, Nova Scotia and New Brunswick have died in encampments, some from overdoses and roof fires. Tent cities are a safety risk, Hull said, but dismantling them pushes people to the fringes, where they are even more vulnerable.

Driving the growth of encampments in Canada, the report says, is a shortage of housing for low-income people, as well as underfunding of community services and mental health support.

In the absence of affordable, affordable housing, people have the right to gather and live in camps, the report said. Homeless encampments can provide community and safety — qualities that homeless people often say are lacking in emergency shelters and other temporary housing options.

No one living in camps should be forced to use shelters or other options that don't meet their needs, Houle said. “Many people who experience homelessness are traumatized very badly when it comes to social services, institutions, people in uniform,” he said.

“If you're going to rely on people to use resources, forcing people and criminalizing them will never work.”

Hole's report asks the federal government to come up with an action plan for national camps that follow its calls to action by August 31.

Cities should provide camps with electricity, bathrooms, clean water, heat and other basic amenities, the review said.

Provinces and territories should offer health care, including harm reduction and mental health services, as well as safe medication for those who use them, the report said. They should also increase welfare or income support, as well as the minimum wage, and pass legislation recognizing housing as a human right.

The federal government should work with the Canada Mortgage and Housing Corporation to secure federal funding for cities and provinces tied to their commitment to support the human right to housing, Hole's report said.

Most importantly, Hole said, governments should make decisions about homeless people after talking to them and finding out what they need.

“It's a matter of life and death for a lot of people,” he said.

Ontario lawyer Shannon Down Hole, who heads Community Legal Services for Waterloo Region, said the report will help arm advocates trying to block the evictions of homeless encampments. Downe was part of Waterloo Region's successful fight against attempts to vacate a tent encampment in downtown Kitchener, arguing that the eviction would violate residents' charter rights.

“It's a step in the right direction, and I think it's a strong statement,” Downe said in an interview about the report. “I think it will be a useful propaganda tool.”

Still, he says, the number of evictions across the country far exceeds the number of lawyers and legal clinics ready to deal with them.

Hole's report includes calls for homeless people to have greater access to the justice system and for provinces to increase funding for legal aid, which supports jobs like Down's.

This report by The Canadian Press was first published on February 13, 2024.