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Thank you. My name is Marie-Josée Houle, and I'm honoured to join you today.
Je m'appelle Marie-Josée Houle et je suis honorée de me joindre à vous aujourd'hui.
Before I begin, I would like to acknowledge the privilege of speaking to you on unceded Indigenous lands. Kanien'kehá:ka Nation is recognized as the custodians of the lands and waters on which we gather today.
Tiohtià:ke, or Montréal is historically known as a gathering place for many First Nations. Today, it is home to a diverse population of Indigenous and other peoples. I respect the continued connections with the past, present and future in our ongoing relationships with Indigenous and other peoples within and around the Montréal community.
I also honour the ancestral and unceded territory of all First Nations, Inuit and Métis people — from coast to coast to coast.
This land acknowledgement is a commitment to the relationship we are building with Indigenous peoples – one based on friendship, peace, mutual respect and reconciliation.
I am grateful for the invitation to speak to you today as Canada's first Federal Housing Advocate.
I was appointed in February 2022 and, earlier this year, reappointed for a second 3-year term.
I'm here as this Conference is exploring an important question: How can we strengthen the recognition and protection of the right to adequate housing in Quebec?
I'm encouraged to hear that this study will help to inform ongoing advocacy on how housing as a human right can be implemented across the province.
Because really, this all comes down to one important fact: housing is a fundamental human right.
Having a safe, dignified place to call home is one of the most basic human needs.
The right to housing is connected to so many other human rights – the right to education, to physical and mental health, to political participation, and most importantly the right to life.
And governments have clear obligations to make sure every person can have their right to housing upheld.
In my remarks today, I will touch on three topics:
- First, I will provide an overview of Canada's human rights architecture, including my role as Federal Housing Advocate.
- Second, I want to cover what recognizing the right to housing means for governments and why a human rights-based approach to housing is so important.
- And finally, I will touch on what the right to housing looks like in Canada today and where we can go from here.
To my first point: Canada has recognized housing as a fundamental human right in federal law. I want to unpack what that means, as well as what my role entails.
As we heard earlier today and most of you know very well already, the right to adequate housing is clearly defined in international law.
Canada first committed itself to respect, protect and fulfill the right to adequate housing when it ratified the International Covenant on Economic, Social and Cultural Rights in 1976.
I also understand that Québec is the only province which underwent its own process to ratify the Covenant.
While the ratification did not lead to immediate action at the domestic level, it did require Canada open itself to international scrutiny of its performance.
Housing advocates, many of whom are in this room, campaigned tirelessly for years to have Canada recognize the human right to adequate housing.
This domestic advocacy was complemented by international advocacy and pressure from the UN Committee for Economic Social and Cultural Rights.
In 2016, after reviewing Canada's record on housing, the Committee urged Canada to “develop and effectively implement a human rights based national strategy on housing to examine the root causes of the continued increase in homelessness.”
The combination of domestic and international pressure led to the passing of the National Housing Strategy Act in 2019.
The Act reaffirmed that housing is a fundamental human right in Canada's federal law. It also makes a commitment that Canada's housing policy will advance the progressive realization of the right to adequate housing as defined by the ICESCR.
It also committed the federal government to adopting a human rights-based approach to housing.
A human rights-based approach integrates a number of key principles:
- Participation in decision-making processes for the people affected;
- Accountability of governments for their human rights obligations;
- Non-discrimination and equality;
- Empowerment of people to claim their rights and participate in policy development; and
- Alignment with the legal rights set out in domestic and international law.
Finally, the Act created important accountability mechanisms to uphold the right to housing, including the National Housing Strategy, the National Housing Council, and the role of the Federal Housing Advocate.
Amplifying the voices of people in vulnerable housing circumstances is at the heart of my work as the Federal Housing Advocate.
The work my team and I are doing is all about ensuring that the voices of disadvantaged groups in Canada are heard by decision-makers at the highest levels.
As a housing rights watchdog, my role is to hold governments, in particular the federal government, to account for their human rights obligations.
My office and I are independent and non-partisan, which is why we are based at the Canadian Human Rights Commission and not a federal department.
The Act also makes it clear that my role is to focus on systemic housing issues, not individual complaints.
This was done to promote a less adversarial and more dialogue-based approach to influencing positive change.
I make recommendations to governments to improve laws, policies and programs so that they uphold the right to housing and drive better outcomes for people in Canada.
While my recommendations are not binding on the federal government, it is legally obligated to respond to my reports.
I want to share some examples of what this looks like in practice: when I review systemic housing issues and provide recommendations to better protect the right to housing.
In 2023, I launched a systemic review of the encampment crisis in Canada following a submission received from an organization here in Montreal advocating on behalf of people experiencing homelessness.
It was absolutely critical that I speak with the people affected. I met with encampment residents and community advocates in Montreal, Saskatoon, Winnipeg, Vancouver, Toronto, and Calgary.
I also received additional written submissions from 313 people with lived experience in encampments. Another 53 advocates, organizations and municipalities shared their perspectives and observations.
My final report, published in February 2024, highlighted the systemic failures of governments and included recommendations aimed at the federal government as well as provincial, territorial and municipal governments.
I have since been engaging with all levels of government to urge them to implement a human rights-based approach to encampments in their jurisdictions.
My recommendations called for an end to forced evictions and clearances which violate human rights as well as the repeal of legislation and bylaws that criminalize poverty and homelessness.
I called for sustainable rights-based solutions rooted in the meaningful engagement of people living in encampments recognizing that we can't respond to homelessness unless we have adequate housing available with he supports people may need.
I was pleased to see in the 2024 budget that the federal government set aside $250 million dollars for human-rights based encampment responses, which can be matched by the provinces and territories for up to $500 million in funding. However, this was only a drop in the bucket and it is unclear what comes next when the funding runs out in March 2026.
Since then, I have continued to meet with encampment residents and service providers across the country. And they continue to tell me the same thing:
- One, that evicting encampments does not solve the systemic issues behind them, and in fact, causes more harm to people.
- And two, that the solution to encampments is permanent, adequate housing.
The report and my subsequent publications on this systemic issue continue to be tools that we are using to engage with the federal, provincial and territorial, and municipal governments on these critical issues. They are both advocacy tools and important guidance for how governments can get it right.
This is a great example of how my role can be an important connector that helps push for action based in human rights. Bringing people together is how we will continue to make progress on the right to housing.
I have also used my role to apply a human rights-based lens on housing conditions for Indigenous Peoples.
- Working closely with Inuit and then Métis governments, I've published two reports with recommendations:
- The first report examined Inuit housing conditions in Nunatsiavut and Nunavut.
- The second looked at Métis housing conditions in Saskatchewan
Currently, I am engaging with First Nations to look at system failures to respect the right to housing in responses to wildfires across the country.
Second, I want to cover what recognizing the right to housing means for governments, and why it matters.
In addition to setting out what the human right to housing is, both international human rights law and the National Housing Strategy Act set out a standard for how it should be achieved.
The NHSA commits Canada to the “progressive realization” of the right to adequate housing. This phrase acknowledges that solving these problems won't happen right away, but also obligates governments to start taking action immediately.
But, progressively realizing the right to housing means that governments need to take steps forward to uphold this right. It provides a human-rights lens that helps to frame how governments should respond to inadequate housing and homelessness.
Progressive realization stipulates that governments are obligated to take immediate action, use the maximum available resources and prioritize the most disadvantaged groups.
Recognizing housing as a human right doesn't mean that governments have to hand out homes to everyone, or solve homelessness tomorrow.
It does mean, however, that they have to create the conditions for everyone to have access to adequate housing and work meaningfully towards that goal.
- The right to housing must be a consideration when drafting legislation, developing policies and regulations, as well as budget-making.
- Governments must set clear targets and be held accountable for ensuring they are met.
- A human rights-based approach also means prioritizing those in greatest need in efforts to ensure adequate housing.
I would like to share two examples of how I've been pushing the federal government to integrate a human rights-based approach in its policies and programs.
Even before my appointment, it was clear that Canada's housing data was not fit for the purpose of measuring and assessing the progressive realization of the right to adequate housing.
There was too much focus on outputs. How much money spent? How many units built?
And not enough data about who was living in the new units and how people's lives were improving or not based on these investments.
Working closely with StatsCan and colleagues at the Canadian Human Rights Commission, we have been pushing for a more robust and human rights-based monitoring framework.
We have seen some progress and will continue to advocate for human rights-based indicators and measures at the federal level and recognize the need for similar human rights-based measurement frameworks at the provincial level.
During the past three years, I have also been very concerned about narratives that focus exclusively on freeing the market to create supply to solve our housing crisis.
A human rights-based lens recognizes that we need the right kind of supply targeted to the right people.
I and many others have critiqued the National Housing Strategy's programs because they weren't reaching the people in greatest need.
Research and advocacy from my office and many others is finally beginning to change this conversation at the federal level.
The announcement of Build Canada Homes represents greater recognition of the importance of non-market housing to address our current challenges.
As the federal government launches the process to renew the National Housing Strategy, it will be important to have strong federal and provincial voices calling for a improved integration of human rights-based approaches in future federal housing policies and in federal – provincial partnership agreements.
And, the fact is, incorporating human-rights based approaches into housing policy is a smart decision for governments.
A top-down approach never works when addressing systemic issues.
A human rights-based approach provides better outcomes for people. It asks people what they need, and makes sure those needs are met.
This must involve meaningfully engaging with the people affected at all stages – in identifying issues, finding solutions, and implementing programs.
A human rights-based approach makes projects more successful. It saves money in the long run. It reduces costs for healthcare, policing, the judicial system as well as a number of social services.
A human rights-based approach focuses on helping people who are experiencing the most harm as a first priority.
When everyone has affordable and adequate housing, the economy and so many other areas also benefit. It allows people to thrive and reach their full potential.
Canada and Québec will be stronger when the right to adequate housing is a reality for all.
And finally, I will touch on what the right to housing looks like in Canada today and where we go from here.
The Federal Housing Advocate's role is the only one in the world. It's a model that centers deeply on advocacy.
Having been in this role for three and a half years, I have to say that listening first-hand to people who are most disadvantaged is what makes the Advocate's role unique.
And I think this gives the Advocate a rare ability to make change.
To me, advocacy means pushing for change alongside those who are most disadvantaged and whose voices are not reaching the decision makers.
Theirs are voices that have too often been discredited by the usual mechanisms and policies: the voices of people who are justice involved, who are struggling with addiction, who are racialized, Indigenous, gender diverse, women.
Looking at systemic failures, and not the failure of the individual, is a powerful framework.
It helps with not only getting to the heart of issues and finding real solutions, but to also building trust with rights holders. It is a way of recalibrating the existing power structures that too often lead to human rights failures.
I can build trust and speak to people that governments can't. I can engage with people when governments do not have the time or the money.
At the same time, the Advocate can be an important resource for governments, who can draw on my research and my work on the ground to guide their policy making.
So, what does the right to housing framework look like today in Canada, almost 5 years after the passing of the National Housing Strategy Act?
Well, the Act gives us new tools to claim the right to housing.
At the same time, there are limitations.
The mechanisms in the Act do not have enforcement powers.
The Act did not make the right to adequate housing justiciable. It doesn't give people the ability to make a complaint to the government for violating their human right to housing.
Instead, the Act adopted a model based on dialogue to arrive at solutions.
For the dialogue to be successful in Canada, it is critical that territories, provinces, municipalities and Indigenous governments commit to recognizing and taking action to uphold the right to adequate housing.
But this recognition needs to be backed up by someone who can drive progress and ensure accountability.
To me, that looks like an independent, provincial housing advocate who can help to realize this right.
A provincial housing Advocate or a similar mechanism can make sure the people who are most impacted by inadequate housing and homelessness are heard by decision-makers.
They can help make sure that the solutions governments are proposing are based in human rights and will make a difference in people's lives.
The provincial Advocate's role can be created to identify systemic issues based on local priorities.
And, it can help local governments make sense of and adopt changes identified by the Federal Housing Advocate calling for action across jurisdictions.
An independent provincial housing Advocate can hold governments, of all political stripes, accountable for respecting people's right to housing.
Recognizing the right to housing must come with tools to uphold it.
That is the importance of a provincial housing advocate.
To sustain the advances made since the adoption of the National Housing Strategy Act and drive more progress, we need more action at all levels of government.
As all levels of government play important roles in housing, recognizing the right to housing is an important first step that governments at the territorial, provincial, and municipal levels can take.
In Toronto, they have adopted a housing Charter and appointed a Deputy Ombudsman to monitor the progressive realization of the right to adequate housing.
Last year, I met with members of the Northwest Territories Standing Committee on Social Development who were tasked by the Territorial Assembly to study recognition of the right to adequate housing as well as the creation of a territorial Advocate.
In British Columbia, the Union of BC municipalities adopted a motion this past September calling on the Provincial Government to recognize housing as a human right.
The motion followed a successful campaign in nine municipalities to adopt resolutions calling for the province to legislate a human rights-based approach to housing and to bring provincial policies into alignment with federal legislation.
In New Brunswick, I understand the provincial human rights commissions are exploring how their legislation could be amended to better integrate the right to housing. In the meantime, a number are using their existing mandate to promote awareness and address issues such as homelessness and discrimination in housing.
Quebec also has a unique opportunity to be a leader on this issue.
I truly believe that recognizing and upholding housing as a human right is the path forward.
But, it is not something I can do alone. I need all of you – decision-makers, researchers, and community stakeholders and advocates – to push for improved laws and progress forward to help prevent homelessness in Quebec.
Thank you again for inviting me to join you. I look forward to your questions.
The right to housing a fundamental right, and we need all governments across the country to do their part to recognize and uphold it.
A legislative commitment to the right to adequate housing in Quebec and an independent, provincial Advocate are important resources that will help government support this right.
Most importantly, this role will make sure that the voices of people who are facing homelessness and inadequate housing reach decision-makers.
Together, we can ensure that every person in Quebec has a safe, adequate place to call home.
– Marie-Josée Houle
Federal Housing Advocate