October 03, 2024

Federal response to encampments a step forward, and work must continue

October 3, 2024 – Ottawa, Ontario – Office of the Federal Housing Advocate

In response to the federal government’s funding announcements for human rights-based encampment responses, the Federal Housing Advocate, Marie-Josée Houle, issues the following statement:

Across Canada, people continue to be forced to live in public spaces because they have nowhere else to go. This national human rights crisis calls for a national response.

Last year, I launched a systemic review of this issue to better understand people's experiences and arrive at solutions. I met with encampment residents, local advocates, Indigenous leaders and municipal governments to form the basis of my recommendations. In particular, my final report urged the federal government to lead on this issue by swiftly developing a National Encampments Response Plan by August 31, 2024, which would design solutions following meaningful engagement with people who are living in encampments.

I was pleased to see in Canada's Housing Plan that the federal government set aside $250 million for human rights-based encampment responses. Most recently, on September 22, 2024, the federal government announced it is ready to negotiate agreements and invest in any province or territory who will cost-match the federal government's funding.

I welcome these important steps and federal leadership in bringing provincial, territorial and municipal governments to the table. The government is taking timely action and must continue to act quickly as winter rapidly approaches.

New resources are positive. While the funding is not adequate to deal with the scale of the challenge across the country, it can act as a catalyst by incentivizing new approaches and developing successful human rights-based community models that can be shared and influence others.

Critically, the recognition of the need for a human rights-based approach to encampments is an important shift in direction. The government has recognized that if we want better results, we need to do things differently and put people experiencing homelessness at the centre of efforts to find solutions.

Despite this positive initiative, I remain concerned about several potential issues.

I am disappointed that the announcement on September 22nd did not reference the language in Canada's Housing Plan that called for “human rights-based community action plans” to address encampments. I urge the federal government to continue to demonstrate its leadership and emphasize the importance of human rights-based approaches through the consistent use of human rights language in all its communications about encampment responses.

It is essential that there are clear guidelines on what constitutes a human rights-based approach to encampments. Funding should be directed to communities and partners that publicly recognize the human rights of encampment residents and be used for projects that are consistent with a human rights-based approach. At minimum, human rights-based community action plans should include:

measures to protect the life, dignity and human rights of people who are unhoused and living in encampments, including essential services such as clean drinking water, electricity, healthcare and harm reduction, heating and cooling, sanitation, cooking facilities and waste collection
transparent, human rights-based protocols for enforcing by-laws
a commitment to repealing by-laws which contribute to the criminalization and insecurity of encampment residents and to ending practices like coercive “clean up” actions, including the confiscation of belongings that people need to survive and live in dignity
meaningful engagement of encampment residents in the design, implementation, decision-making and evaluation of human rights-based community action plans
recognition of the acute over-representation of Indigenous people experiencing homelessness and living in encampments, and the meaningful engagement of Indigenous governments and organizations in the action plans in line with obligations under the United Nations Declaration on the Rights of Indigenous Peoples Act

My report recognized that encampments should not be seen as a solution. At the same time, it reminded governments that forcibly evicting people living in encampments is a violation of international human rights law and it causes more harm. Instead of forced evictions, governments must engage with encampment residents to find solutions that include adequate housing that meets their needs. I reiterate my call for a prohibition on forced evictions, and I urge the federal government to lead on this issue by putting in place a moratorium on forced evictions on federal lands and by prohibiting the use of the new program funds to support forced evictions and other police-led responses. I also urge provinces, territories and municipalities to follow suit.

As this funding is rolled out, there is a need for transparency and accountability. The agreements negotiated between the federal government and the provinces and territories must include minimum human rights standards and must be made public. I also encourage the federal government to reconsider appointing a focal point for encampments, such as a Special Advisor, who would ensure meaningful engagement with stakeholders, monitor and publicly report results, and document and share good practices.

Finally, a coordinated and all-of-government approach is needed to address this crisis as well as the root causes of homelessness. This encampment response funding should be offered alongside other federal housing funds so that communities can provide long-term solutions. Municipalities on the front lines of this crisis need supports. Resources must also be coordinated with funds to address Métis, Inuit and First Nations housing needs and homelessness, including fully funding the commitment to close the First Nations Housing & Infrastructure Gap by 2030. The response from all levels of government should also ensure that coordinated resources are available for health, community services, housing loss prevention and supportive housing.

Above all, we need to ensure there is ongoing funding and support for people living in encampments, as well as a focus on permanent housing. The ultimate goal must be to get people into adequate housing options as quickly as possible. In the meantime, we must take steps to respect the dignity and human rights of people experiencing homelessness and living in encampments. It is critical that we act before winter comes.

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Background

In Canada's Housing Plan released on April 12, 2024, the federal government announced $250 million, to be cost-matched by provinces and territories, for “human rights-based community action plans that commit to a housing first approach to ending encampments, and include supportive and transitional housing, housing-focused services, and rent supplements specifically dedicated to individuals living in encampments or experiencing homelessness.”
On May 30, 2024, Minister Fraser provided a detailed and substantive official response to the Advocate's report on encampments as required by the legislation. His response highlighted the new funding for human rights-based community action plans and recognized the need for meaningful engagement with Indigenous governments.
On September 22, 2024, the federal government announced it is ready to negotiate agreements and invest in any province or territory who will cost-match the federal government's funding.

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Office of the Federal Housing Advocate
613-943-9118
communications@chrc-ccdp.gc.ca

Date modified:: 2024-10-03