Introduction to the resource
A neighborhood that does not seek to meet the needs of all people, whether housed or not, is not a successful community. Too often, people living in encampments are seen as obstacles rather than as human beings (Stakeholder).
In February 2024, the Federal Housing Advocate released her report, Upholding dignity and human rights [PDF], presenting her findings and recommendations following a systemic review of homeless encampments across Canada.Footnote 1 The report highlighted that governments have human rights obligations to people living in encampments and called for the adoption of a human rights-based approach.Footnote 2
This resource has been developed to provide additional guidance to governments on how they should adopt a human rights-based approach when it comes to encampment responses. It is particularly relevant for municipal decision-makers and officials, who are most often on the frontlines when it comes to encampment responses. However, it can also be used as a tool for other levels of government, service providers and advocates. Recognizing that forced evictions of encampments are a violation of human rights and that they are inherently harmful, this guide encourages municipalities to explore alternatives rooted in a human rights-based approach and to value meaningful engagement of people living in encampments. The use of a human rights-based approach, which includes people living in encampments in the design and delivery of durable solutions, is a win-win for a community. This approach not only improves the quality of life and health of people living in encampments, but it also helps to find long-term solutions that address people's real needs.
The resource also attempts to respond to concerns expressed by people living in encampments and human rights advocates, who have noted that the language of human rights, reconciliation and consultation has been co-opted in some instances and even used to justify processes that cause harm. The Federal Housing Advocate is concerned about some examples she has heard about where municipalities put consultation processes in place without a willingness to change their practices or after they had already determined what the outcome will be. One example that was shared, which does not demonstrate the spirit of reconciliation with First Nations peoples, was a municipality adding territorial acknowledgement to an eviction notice.
A human rights-based approach to encampments requires commitment to a paradigm shift and to doing things differently. It is not enough to claim to adopt and to be applying a human rights-based approach; it is essential to take actions that lead to rights being protected and a real improvement in the lives of people living in encampments. This must not be limited to efforts to ensure access to adequate housing but must also include immediate measures to respect human dignity and protect lives until such time as adequate long-term housing solutions are available in sufficient quantities and adapted to meet people's needs.
This resource articulates eight key principles that are necessary to guide municipal decision-makers and staff in ensuring meaningful engagement is carried out and to implement a human rights-based approach in their encampment responses. For each principle, there is a fact sheet that identifies actions needed to put the principle into practice. It is important to note that there is not one road map that can be applied systematically to all situations. Each community is unique and every person living in an encampment has their distinct experience and needs.
Readers are encouraged to reflect individually and collectively on their role in implementing these principles and to apply the principles and actions into concrete policies, protocols, plans and laws. Adopting a human rights-based approach begins with understanding the realities and perspectives of people living in encampments and that they are rights-holders and taking action to protect safety, dignity and human rights.
When a human rights-based approach to encampment is put in place, it will build trust, encourage participation and engagement as well as empower people to contribute to solutions that will provide appropriate, accessible and adequate long-term housing solutions and services as well as measures to address their immediate needs.
It is also important to recognize that all levels of government have a role to play. Municipalities do not always have the powers, capacity and resources to address the systemic nature of homelessness and encampments across Canada. This shared responsibility requires all levels of government to support municipalities, including funding, to develop appropriate housing solutions and adapted services. However, regardless of the budgets available, it is important to remember that the starting point remains the same – genuine engagement with people living in encampments to understand their individual and collective needs is essential for a human rights-based approach. They are in the best position to determine what actions will improve their living and health conditions, and therefore to assess whether a municipality is truly implementing a human rights-based approach.
The information contained in this resource is the fruit of pan-Canadian engagement with a range of stakeholders which has continued since the Advocate launched her review of homeless encampments in February 2023. This resource builds on the perspectives of people with lived experience in encampments, advocates and municipal officials who contributed to the Advocate's review and participated in follow up engagement activities that took place between October 2024 and March 2025.
It is strongly recommended that the reader take the time to review all the information in every fact sheet to gain a full understanding of how to implement a human rights-based response to encampments. The fact sheets are not designed as a series of steps to be followed in a precise order, but as a guide to encourage deeper reflection and action to advance human rights. Individual fact sheets can also be consulted if the reader is seeking guidance to address a specific principle or situation.
The Advocate will continue to monitor the implementation of her recommendations and looks forward to continuing her work with municipalities and others that are making genuine efforts to implement a human rights-based approach to encampments.
This resource was produced to advance human rights for people experiencing homelessness and guide actions to improve the living conditions of people living in encampments. It is not a legal opinion and is not legal advice, but a guide to support a stronger commitment to meaningful engagement with people living in encampments and more effective action to put in practice a human rights-based approach in municipal encampment responses.
The Eight Principles to Guide Meaningful Engagement with People Living in Encampments
1. Understand and respect the realities of people living in encampments
Many people, including people responsible for municipal responses to encampments, make assumptions about the reality of people living in encampments without taking into account their voices, which means that the measures put in place may not adequately meet their needs. Homeless encampments exist because of the lack of adequate alternative housing options, colonialism, racism and systemic discrimination. People are choosing to live in encampments because, for most, a makeshift shelter in a public space is still often the best or only option available to them. Before proposing solutions, it is important to take time to learn about and understand their experiences and to consider that people choose to live in encampments because housing and emergency shelters are unavailable, inaccessible or do not provide the safety and security they need.
Durable solutions will only come about when the responses address the real issues and needs identified by the people living in encampments. This cannot be done without a commitment to meaningful engagement.
2. Publicly recognize the human rights of people living in encampments
All governments in Canada, including municipalities, have legal obligations to respect, protect and fulfil human rights. People experiencing homelessness and living in encampments have the same human rights as everyone else in Canada.
In 2019, the National Housing Strategy Act reaffirmed Canada's commitment to housing as a fundamental human right and recommitted Canada to the progressive realization of the right to adequate housing as defined in the International Covenant on Economic, Social and Cultural Rights. The right to adequate housing is clearly defined in international human rights lawFootnote 3, and interconnected rights such as the right to lifeFootnote 4 and freedom from discrimination, are part of Canada's Charter of Rights and Freedoms.
Explicit recognition that people living in encampments are entitled to the protection of their human rights is a critical first step to changing the conversation and moving away from enforcement approaches that have failed in the past and continue to cause harm. Forced evictions are a violation of international human rights law and inherently harmful. If a proposed action risks infringing on human rights, it must be reconsidered and an adequate alternative found that meets the needs of the people living in encampments.
Adopting a human rights-based approach to encampments aligns with Canada's human rights obligations. It provides an alternative to enforcement approaches which criminalize people for experiencing homelessness and cause further harm. It also provides a framework to understand and address the systemic nature of homelessness in Canada and design and implement long-term solutions to realize the human rights of people living in encampments.
A human rights-based approach to encampments is focused on finding sustainable solutions that will provide access to adequate housing. It ensures that all policies and plans to support people living in encampments are designed following meaningful engagement and implemented in compliance with international human rights standards. In the absence of concrete possibilities to be adequately rehoused, a human rights-based approach requires taking immediate actions to protect the human rights of people experiencing homelessness, including the right to life and making available services that meet their fundamental needs.
3. Recognize and uphold the rights of First Nations, Inuit and Métis Peoples living in encampments
As a direct result of colonization and displacement, First Nations, Inuit and Métis people are acutely over-represented in Canada's population of people experiencing homelessness and living in encampments. Encampment responses must integrate the rights found in the United Nations Declaration on the Right of Indigenous Peoples (UNDRIP). Métis, Inuit, and First Nations governments must be supported in managing and implementing housing solutions that reflect self-governance and community-specific needs.
Urban Indigenous populations are over-represented in encampments and face distinct housing challenges, including inadequate access to culturally appropriate services as well as systemic barriers to affordable housing. It is critical to establish dedicated financial mechanisms to bridge jurisdictional gaps and provide sustainable housing solutions for Indigenous communities regardless of where they live.
4. Build and maintain the trust of people living in encampments
Meaningful engagement with people living in encampments is an essential component of a human rights-based approach and a necessary step in finding sustainable housing solutions. It must be built upon relationships of trust that demonstrate transparency, accountability and integrity. All too often, people living in encampments have been asked for their opinions, but their ideas were not taken into consideration. Engagement processes that are sincere and focus on the real interest of people living in encampments help to establish and strengthen bonds of trust.
Meaningful engagement takes time and requires and the investment of resources. To achieve this, it is essential to provide people living in encampments with the support they need to overcome obstacles to their participation in engagement processes and to ensure they see that their voice has a real impact.
When such engagement processes are implemented authentically with genuine intention to bring about positive change, it leads to concrete solutions that respect the rights of people living in encampments– instead of band-aid fixes that waste time and taxpayer money, and further harm the people affected. Meaningful engagement with people living in encampments requires a proactive approach to involve them in finding solutions that can pre-empt community concerns.
If no individuals from encampments wishes or is able to participate meaningfully in an engagement process, it is crucial to examine the reasons for this. Was the process authentic? Was it implemented with integrity? Was every effort made to create truly accessible spaces and to ensure that the interests of people living in encampments were represented effectively? Did their perspectives inform decisions?
5. Provide services adapted to the needs and realities of people living in encampments
People living in encampments do not have access to the same basic services as those who are living in adequate housing, particularly in terms of protections from the elements, access to potable water and waste collection for example. They face challenges accessing the care they need to protect their physical and mental health, including harm reduction supports to save the lives of people who use substances. Although in Canada the recording of mortality rates for people experiencing homelessness is inconsistent or even absent in several provinces, research demonstrates that the difficult living conditions experienced by people experiencing homelessness are clearly a risk factor for mortality.Footnote 5
To save lives and uphold the dignity of people living in encampments, it is critical to also advance the right to health of people living in encampments, ensuring that the services are available to address their fundamental and complex mental and physical health needs of people.
6. Facilitate participation in decision-making of people living in encampments
Excluding people living in encampments from decision-making processes perpetuates their marginalization and undermines their right to autonomy. This kind of exclusion undermines trust and compromises efforts to build meaningful relationships.
It is important that engagement processes begin as early as possible and that they be ongoing to facilitate the participation of people living in encampments. They must be included in decision-making processes concerning policies, programs, practices and laws that affect them. Their perspective must be taken into account in the decisions that directly influence their own lives if we are to achieve real sustainable solutions.
7. Support the self-determination and autonomy of people living in encampments
Encampment responses should be designed to uphold the dignity of people living in encampments as well as their autonomy to be part of decisions that affect their lives. Consultations are a mere formality when decisions have already been made, making it clear to encampment residents that their input is not important. It is critical to stop instrumentalizing people living in encampments solely to satisfy consultation requirements. It is important to remember that people living in encampments are able to think critically and have the ability to organize and make decisions about their own lives.
It is also important to put in place measures which help to empower and build the confidence of people living in encampments by, for example, supporting their shared responsibility for managing and maintaining their encampment. This can enhance a sense of belonging in the community, provide stability, and can be an important step in a person's journey to adequate housing.
8. Continue to work towards long-term adequate housing solutions
Encampments are not a solution to the housing and homelessness crisis. Municipal efforts must continue to prioritize adequate housing that meets the international standard for security of tenure, availability of services, affordabiity, habitability, accessibility, location and cultural adequacyFootnote 6 at the same time as efforts are undertaken to protect the human rights of people living in encampments.
To adopt a human rights-based approach, it is essential for municipalities to quickly establish services that meet the immediate needs of people living in encampments and protect their lives and dignity. They must also continue to fully mobilize their own resources to facilitate access to adequate housing, along with the necessary and desired support services. It is important that municipalities continue their advocacy with other levels of government to secure funding to achieve these ends. People should not be forced or required to go to an emergency shelter before being considered for a permanent and adequate housing solution.
Human Rights, Indigenous Rights and a Human Rights-Based ApproachFootnote 7
The Human Rights of People Living in Encampments
According to the former Special Rapporteur on the Right to Adequate Housing, Leilani Farha:
Homelessness is a profound assault on dignity, social inclusion and the right to life. It… violates a number of other human rights in addition to the right to life, including non-discrimination, health, water and sanitation, security of the person and freedom from cruel, degrading and inhuman treatment.Footnote 8
With the 2019 National Housing Strategy Act, recognition of the right to adequate housing, as defined in international human rights law, is now also explicitly enshrined in domestic federal law.
The right to adequate housing is more than four walls and a roof. Adequate housing under international lawFootnote 9 includes:
- Security of tenure: Housing is not adequate if its occupants do not have a degree of tenure security which guarantees legal protection against forced evictions, harassment and other threats.
- Availability of services, materials, facilities and infrastructure: Housing is not adequate if its occupants do not have safe drinking water, adequate sanitation, energy for cooking, heating, lighting, food storage and refuse disposal.
- Affordability: Housing is not adequate if its cost threatens or compromises the occupants' enjoyment of other human rights.
- Habitability: Housing is not adequate if it does not guarantee physical safety and provide adequate space as well as protection against the cold, damp, heat, rain, wind, other threats to health and structural hazards.
- Accessibility: Housing is not adequate if the specific needs of disadvantaged and marginalized groups are not taken into account.
- Location: Housing is not adequate if it is cut off from employment opportunities, healthcare services, schools, childcare centres and other social facilities, or if it is located in polluted or dangerous areas.
- Cultural adequacy: Housing is not adequate if it does not respect and take into account the expression of cultural identity.
It is important for municipalities and municipal actors to recognize that forced evictionsFootnote 10 of encampments make people more unsafe and expose them to a greater risk of violence and harm a person's safety, health, dignity and may even cost them their life. Evictions destabilize people, remove them from their support systems, and cause them to lose the tools and equipment they need to survive.
International human rights law also prohibits measures that would arbitrarily and unnecessarily deprive individuals of housing, including temporary or informal shelters such as encampments.Footnote 11 The prohibition of forced evictions requires that individuals and communities be relocated only after adequate consultation. People should not be displaced without somewhere to go. They should not be expected to move to a situation that results in worse conditions or diminished access to services. For example, if they have access to toilets in their current location, they should have similar access if another location is being proposed. A short-term offer of an emergency shelter bed is not enough to not meet the requirements of adequate housing.
Relocation without consent must be limited to exceptional circumstances. When individuals or communities do not consent to be relocated because the proposed alternatives do not meet their real needs, municipalities have an obligation to be transparent and demonstrate to the people living in the encampment, to their advocates and to the public that the relocation is genuinely necessary, that all options have been explored and that the actions being taken respect human rights principles. If it is determined that an eviction is justified, it should only take place with a clear, long-term plan for where people will go during both the night and daytime, a strategy for how they will move, and a plan for equivalent or improved shelter and services.
Furthermore, it is important to note that forced evictions include evictions by coercion. One thing commonly reported by unhoused people is being told that if they do not accept a certain shelter or other housing option they believe is unsafe or unsuitable for them, they will be blacklisted from future housing offers (including of permanent housing). Similarly, people are frequently told if they do not take certain offers, their shelters will be destroyed, and they will be forced to live without shelter.
Governments must also accept that people living in encampments are entitled to defend their human rights, and they should have access to legal aid and the support of community advocates in doing so. Making available legal aid, support from community advocates and independent monitors can reinforce respect for rights and demonstrate a willingness to act with transparency and compassion.
It is also important not to assume that a space in an emergency shelter or other temporary accommodation is necessarily a better solution for someone living in an encampment. Spaces in emergency shelters do not offer security of tenure and may be inaccessible or unsafe for many people. They do not always take into account the cultural needs of Indigenous people and can be unsafe for women and members of the LGBTQIA2S+ community. Emergency shelters should not be seen as a mandatory step before someone can access permanent and adequate housing. People have the capacity to transition directly to permanent housing without going to a shelter first. This underlines the need to assess the individual and collective needs of people living in encampments and to avoid putting in place obstacles to their social integration and ability to access adequate housing.
This resource aims to better equip municipalities to respect the human rights of people living in encampments and to provide a framework of intervention that recognizes them as rights holders with the autonomy to act and make decisions about their own lives. It identifies actions that are needed right away to protect the lives, dignity and human rights of people living in encampments. It also encourages all levels of government to continue efforts to progressively realize the right to adequate housing and ensure that appropriate services are available for everyone.
The Rights of Indigenous Peoples
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) identifies “the minimum standards for the survival, dignity and well-being of Indigenous peoples of the world.” (Art. 43) The following UNDRIP articles are particularly relevant:
- Article 10 prohibits forced removal of Indigenous Peoples from their lands or territories;
- Article 20 guarantees Indigenous Peoples' right to their own means of subsistence and development;
- Article 21 guarantees the right to the improvement of economic and social conditions, including housing;
- Article 23 guarantees the right to determine and administer programs and services, including housing; and
- Articles 26-28 and 32 set out Indigenous Peoples' right to own, use, develop and control their traditional lands, territories and resources, the requirement that states recognize Indigenous land tenure systems and the right to redress and compensation for the occupation, use or development of Indigenous territories without their free, prior and informed consent.
On June 21, 2021, the Parliament of Canada enacted the UN Declaration on the Rights of Indigenous Peoples Act (UNDA), which commits the federal government to achieving full implementation of UNDRIP, including by ensuring that federal laws, regulations and policies are consistent with its requirements. The government of British Columbia had previously adopted provincial legislation with similar requirements and intent.
Indigenous homelessness is not only defined by the lack of stable, permanent and adequate housing, but also by the separation of people's relationship with land, water, region, family, fellow human beings, others, animals, cultures, languages and identities.Footnote 12 It is crucial to recognize that First Nations people have been dispossessed of their land, and thus their experience of “home” is felt differently than that of non-Indigenous people. Indigenous homelessness is part of the legacy of this dispossession, discrimination and colonial laws and policies such as the Indian Act, residential schools and child welfare legislation.
A Human Rights-Based Approach
Adopting a human rights-based approach to encampments aligns with Canada's human rights obligations and provides a framework for understanding and addressing the systemic nature of homelessness in Canada and designing and implementing long-term solutions to realize the human rights of people living in encampments.
As the name suggests, a human rights-based approach requires a commitment to upholding and being accountable for all human rights for all people, without discrimination. It is also founded on the principles of participation, empowerment and accountability and requires the investment of time and resources in ensuring meaningful engagement with people living in encampments.
A human rights-based approach does not criminalize people experiencing homelessness. It takes care to ensure that responses do not inflict additional harm on people living in encampments. It respects autonomy and choice and attempts to meet people where they are and to support them in accessing adequate housing while respecting their dignity, autonomy and human rights.
A human rights-based approach and an approach that respects Indigenous rights in encampments must also be complemented by Gender-based Analysis Plus (GBA Plus), cultural safety and trauma and violence-informed approaches.
A Gender-based Analysis Plus (GBA Plus)Footnote 13 is an intersectional analytical tool used to support the development of responsive and inclusive policies, programs and other initiatives. GBA Plus goes beyond biological (sex) and sociocultural (gender) differences to consider other factors, such as age, disability, education, ethnicity, economic status, geography (including rurality), language, race, religion and sexual orientation.
Cultural safetyFootnote 14 is the result of a respectful engagement that recognizes and strives to address power imbalances inherent in public systems. It results in an environment free of racism and discrimination where people feel safe when receiving healthcare.
A trauma and violence-informed approachFootnote 15 requires changes in the way we engage with people living in encampments and how systems are designed. It is crucial in such an approach to understand and recognize the influence and impact of our actions on their lives and behaviour and to create spaces that are both psychologically and physically safe. It is also important to create opportunities where people living in encampments can choose, collaborate and strengthen their capacities. A table of the values and principles of a trauma-informed approach is available for reference.
1. Actions to Understand and Respect the Realities of People Living in Encampments
There is too much racism and discrimination, and government officials do not understand the needs of people living in encampments who struggle day by day just to survive without a roof over their heads. Their encampments are dismantled or destroyed over and over again, which prevents trust from being built between city officials and people living in encampments. (Stakeholder)
- A. Recognize that encampments are the result of numerous systemic failures.
- B. Recognize that it is important to treat people living in encampments with dignity and to respect the spaces and homes they have made for themselves. In many communities, there are not enough shelter beds that are accessible and adapted to their specific needs. Most people living in encampments would prefer to have access to adequate housing, but they face many barriers due to the cost of housing, the lack of services adapted to their needs and the discrimination they face on a daily basis.
- C. Recognize that there are significant power imbalances between encampment residents and the service providers, governments, and housed residents who have decision-making influence over most of the resources on which they depend to meet their basic needs. Decisions made about the enforcement of bylaws which may seem minor to those making the decision can have important consequences and make it more difficult for people living in encampments to access what they need to improve their situation.
- D. Recognize that people living in encampments are experts in their reality and are best placed to assess their needs. They are best placed to identify their needs for survival and priorities for improving their physical and mental health. They should be permitted to make decisions and take the necessary steps to protect themselves from the elements and not be at the mercy of bylaws written without input from people who have lived outdoors.
- E. Recognize that the housing alternatives being offered may not be human rights compliant or meet the definition of adequate housing. People experiencing homelessness have shared with the Federal Housing Advocate their concerns about housing alternatives they were offered that had serious issues related to their health and safety (e.g., violence, discrimination, bug infestations) and institutional rules that infringed on their dignity and personal autonomy (e.g., curfews, restrictions on visitors and the ability to move about).
- F. Recognize that current emergency shelters and transitional housing may pose greater risks for some people, specifically, women and people from the 2SLGBTQI+ community, who may face increased danger in shelters or transitional housing than they would living on the street or in an encampment. Emergency shelters and transitional housing also do not provide any security of tenure.
- G. Recognize that First Nations, Inuit and Métis people may have a strong desire to avoid interactions with systems that have been historically oppressive and discriminatory (e.g., residential schools, child welfare system).
- H. Recognize that restrictions on daytime camping and forced evictions create instability and insecurity for people living in encampments. These coercive measures create additional hardships for people experiencing homelessness and can have serious repercussions on their physical and mental health.
- I. Recognize that some people living in encampments build a community that provides them with support; ensure that actions do not break relationships with this community, which includes peers, partners, companion animals and others. It is important to guard against uprooting people from their community and ensure the continuity of support and services that they need to prevent them from returning to the street.
- J. Recognize that people living in encampments are resilient in the face of systemic neglect, and they must focus their daily energy on meeting their basic needs.
- K. Recognize that people living in encampments also need rest during the day. There must be spaces made available specifically for them with basic services.
- L. Recognize that people living in encampments will live in public space as long as no suitable alternatives are offered that provide decent, permanent and accessible housing. Municipal plans must strive to understand the reasons why these individuals are using public space and take steps to protect their fundamental human rights.
- M. Recognize that people living in encampments choose places to settle where they can best meet their needs to have some privacy, to feel safe and to secure and store their personal belongings. Displacing people and policing where they can erect their tent can make it more difficult to stabilize their situation and improve their well-being.
- N. Recognize that most people living in encampments are affected by trauma, and it is essential to ensure a trauma- and violence-informedFootnote 16 response.
- O. Recognize that people living in encampments may avoid engagement out of fear that participation could expose them to racism, ableism, eviction or surveillance.
- P. Recognize the importance of raising awareness, and inform the public about the reality of people living in encampments and the systemic issues that prevent their rights from being respected and fulfilled.
2. Actions to Recognize and Respect the Human Rights of People Living in Encampments
We don't believe that involving people in dismantling the encampment where they live should be considered a good practice. Encampments should be tolerated and people supported until there are adequate and appropriate options to offer. (Stakeholder)
- A. Formally recognize that people living in encampments are rights holders in all strategies, policies, declarations and laws. They have the same human rights as everyone else in Canada, and all governments must publicly commit to upholding international and Canadian human rights norms in all responses to homeless encampments.Footnote 17 Strategies, policies, declarations and laws that address encampments must be human rights compliant and should be co-developed with people living in encampments to ensure they address their real needs and cause no harm. Action plans and strategies to advance Indigenous rights should be developed with local Indigenous leaders and Indigenous people living in the encampment.
- B. Mobilize maximum available resources to ensure that everyone can enjoy the right to adequate housing without discrimination.
- C. Recognize that the forced dismantling of encampments and other repressive strategies of control and surveillance are harmful to the physical and mental health of people living in encampments.
- D. Recognize that the forced dismantling of encampments and other repressive strategies of control and surveillance are harmful to the physical and mental health of people living in encampments.
- E. Draw up concrete action plans that respect human rights principles to help people living in encampments find permanent and adequate housing, and ensure follow through. Whatever type of housing is proposed as an alternative to living in an encampment, it must respect the seven elements which make up the international definition of the right to adequate housingFootnote 18 to guarantee dignified and sustainable conditions.
- F. Ensure people living in encampments have access to legal representation, through legal aid or other means, to defend their human rights when needed.
- G. Put in place urgent and concrete measures to respect and protect the rights of people living in encampments to live in dignity, to the highest attainable standard of physical and mental health, to privacy and to protection from arbitrary seizure of their belongings.
- H. Put an end to bylaws and regulations that criminalize and marginalize people experiencing homelessness for occupying public space. Put an end to practices which result in the destruction or confiscation of personal belongings. Such measures make people living in encampments feel more insecure and can lead to a violation of their human rights, including the right to life.
- I. Put in place permanent, effective and accessible accountability mechanisms that are accessible and have simplified procedures for people living in encampments to file complaints about harassment, intimidation and non-respect of human rights or existing policies and protocols. Ensure access to legal aid and provide timely responses and genuine follow-up.
- J. Support people living in encampments to take part in the decisions that concern them and respect their right to decide what is best for them and their security. No alternative should be imposed or actions taken that will worsen their situation. See the actions under Principle 8 for more details.
- K. Use existing human rights-based resources to inform responses and strategies to support people living in encampments.
- L. Dedicate sufficient financial resources to ensure meaningful engagement with people living in encampments.
- M. Immediately halt practices which traumatize and destabilize people living in encampments, including forced evictions, dismantling encampments and violence.
- N. Abolish hostile architecture and urban planning practices designed to prevent people experiencing homelessness from sitting, sleeping or taking shelter in the public space, as these contribute to the daily challenges they face and hinder their survival capabilities.
3. Actions to Recognize and Respect the Rights of First Nations, Inuit and Métis Peoples
We protect ourselves and others. (Indigenous person living in a camp).
- A. Recognize, respect and protect the distinct rights of Indigenous people in all contacts with encampment residents.
- B. Recognize their rights to self-determination and self-governance and cease applying colonial regulations and laws to control or criminalize them.
- C. Work with local Métis, Inuit and First Nations governments to design and implement housing solutions that reflect self-governance and community-specific needs.
- D. Recognize that First Nations, Inuit and Métis people may have a strong desire to avoid interactions with colonial systems that have been historically discriminatory and oppressive (e.g., police, emergency shelters and health care facilities).
- E. Recognize the systemic oppressions that have undermined the confidence of Indigenous people in colonial institutions and practices.
- F. Implement the calls to action of the Truth and Reconciliation Commission and the calls to justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls.Footnote 20
- G. Ensure that the meaningful engagement with Indigenous people living in encampments is Indigenous led to promote genuine dialogue guided by “mutual respect, good faith and the sincere desire to reach agreement.”
- H. Work with Indigenous entities to co-develop engagement processes with Indigenous people, particularly Indigenous individuals living in the encampment, to ensure that the processes recognize Indigenous rights, are culturally appropriate and result in meaningful engagement.
- I. Engage with representatives chosen by Indigenous individuals in the encampment, in accordance with their own procedures and practices.
- J. Work with higher orders of government to ensure sufficient funding assistance for urban Indigenous populations.
- K. Provide resources to ensure the meaningful participation Indigenous people living in encampments.
- L. Respect and implement Indigenous protocols and decision-making processes in responding to encampments inhabited by Indigenous people.
- M. Ensure Indigenous-led housing solutions by financing and endorsing Indigenous organizations, such as friendship centres, to be key actors in encampment responses.
- N. Ensure that municipal policies distinctly acknowledge and address the housing and homelessness needs of urban Indigenous populations independently from on-reserve initiatives.
4. Actions to Build and Maintain the Trust of Encampment Residents
Start with small actions that build trust, like keeping a promise. Don't just show up one day and say you're suddenly going to listen and be respectful after not doing so before. (Person living in an encampment).
- A. Take the time to build relationships with people living in encampments, understanding that their communication methods may be different. Recognize that they have to prioritize just meeting their daily needs because of the inadequacy of the services that are available and adapted to their needs.
- B. Take the time to get to know the people living in encampments, and ask if and when they are available and willing to discuss the subjects you want to talk about. Avoid making assumptions.
- C. Recognize that people living in encampments bear the consequences of systemic failures and injustice and that they may express strong emotions and frustration stemming from feelings of being trapped and the absence of solutions that meet their needs and respect their right to housing.
- D. Welcome people where they are and demonstrate your interest in their reality. Create opportunities where they can express themselves freely without fear of consequences. Avoid assumptions about their capacity and what they need.
- E. Foster authentic and lasting relationships by centring interventions that support the well-being of people living in encampments, addressing their expressed and prioritized needs and offering solutions tailored to their individual and collective situations.
- F. Ensure interactions with people living in encampments are grounded in the principles of active listening, respect, cultural sensitivity, transparency and non-judgment, regardless of conditions or choices.
- G. Provide resources for people living in encampments to ensure that they can defend their human rights, and act quickly in case of harm.
- H. Try to ensure continuity within the teams working with people living in encampments to ensure consistency of approach, build confidence and reinforce stability.
- I. Ensure there is follow-up on the commitments made to people living in encampments. Making realistic commitments and avoiding the creation of false expectations will strengthen trust.
5. Actions to Provide Services Adapted to the Needs and Realities of People Living in Encampments
I get judged in the street, so how can anyone take what I have to say seriously? It's hard when you don't have access to basic dignity and basic needs, and it's hard to want to get involved when you don't believe you'll be heard and accepted. (Person living in an encampment).
- A. Take immediate measures that will protect the right to life and the dignity of people living in encampments, including installing and making accessible essential facilities and services such as clean drinking water, sanitation, showers, cooking facilities, recharging stations, secure storage and waste collection.
- B. Provide support to improve the physical and mental health of people living in encampments as required and on a consent basis. When services cannot be provided on site, provide resources to facilitate travel and access to the needed resources.
- C. Consider creating zones where encampments are tolerated or even accepted without forcing people to occupy them and without criminalizing them for not doing so. If these zones are created, they should respect human rights principles and adhere as much as possible to the criteria outlined in the definition of adequate housing: security of tenure from the threat of forced evictions; habitability (e.g., protection from the elements, privacy); location (e.g., land free from hazards and pollution); availability of services (see the list of essential services); and cultural adequacy.
- D. Work with people living in encampments to find solutions to issues that they raise about their site. Make sure you fully understand the concerns people have about their encampment, and explore options with them for improving their situation.
- E. Support harm reduction practices for people using substances in encampments by providing services and access to a safe supply program and by developing action protocols with them to save lives and mitigate the risk of substance-related overdoses.
- F. Take steps to ensure emergency shelters and drop-in centres are barrier-free and accessible 24/7 and that there are enough resources available to meet the needs of those wishing to use them.
- G. Ensure sustained funding for community-based services and initiatives that adopt a human rightsbased approach to providing support for people living in encampments.
- H. Respect the right of people living in encampments to refuse the services offered to them, and try to understand the systemic issues that may have caused them to refuse.
- I. Ensure accountability for respecting and protecting human rights and avoid repressive and coercive practices.
- J. Ensure effective communication, coordination and collaboration between services and stakeholders, and ensure people living in encampments have a clear explanation of the roles of municipal actors and service providers.
- K. Demonstrate transparency, consistency and fairness to reduce any potential for confusion and misunderstanding that can undermine trust and the ability to engage people living in encampments.
- L. Provide training to raise awareness of human rights among people living in encampments.
- M. Provide training to decision-makers, police and intervention teams on human rights and Indigenous Rights, Gender-based Analysis Plus (GBA Plus), cultural safety and trauma- and violence-informed approaches.
- N. Ensure people living in encampments are able to protect themselves during difficult weather conditions.
- O. Ensure that the support services needed to improve the health and well-being of people living in encampments are available when they are needed and that transportation is not an additional barrier to accessing services.
- P. Identify individual and collective needs regarding living conditions, safety, services and housing in order to offer tailored solutions to each person living in an encampment while respecting and preserving their social ties and sense of belonging.
6. Actions to Facilitate Participation in Decision-Making
I couldn't even properly form sentences without having to sit down and take a break to let my brain catch up with what I was trying to express, which made it nearly impossible to clearly explain what I wanted to say. Being in a bad situation and dealing with severe mental health issues caused by a multitude of factors can make it almost impossible to communicate. (Person living in an encampment)
- A. Understand the individual and collective realities of people living in encampments in order to create consultation and engagement processes adapted to their needs, and provide the supports and environment they need to be able to express themselves.
- B. Consult and involve the people living in encampments from the beginning in the planning, implementation and monitoring of services in the encampments (toilets, showers, food distribution, health services, etc.), and involve them in decisions regarding how funds are allocated and spent on encampments and homelessness services.
- C. Offer people real choices and provide them the opportunity to make informed decisions.
- D. Ensure that the voices of people living in encampments are considered with the same value as other stakeholders involved in decisions.
- E. Recognize the contributions of people living in encampments and their input into the policy-making process by compensating them for the time they contribute to engagements and ensuring follow up on their contributions. It is also important that people understand that they can leave a session at any time without any repercussions.
- F. Assess and respect the priorities and needs based on the views expressed by people living in encampments.
- G. During meetings, ensure the creation of safe spaces by using trauma-informed and culturally safe approaches.
- H. Implement specific measures to facilitate the participation of people living in encampments with an addiction.
- I. Plan engagement methods suitable for people who are unable to leave their encampment (e.g., there is a high risk of theft of their belongings).
- J. Rethink the structure of meetings to adapt to the realities of people living in encampments and to maximize their time and knowledge. Provide the necessary information and tools for people living in encampments to participate effectively in the engagement.
- K. Be as transparent as possible about potential short-, medium- and long-term benefits of engagement to enhance motivation and participation in decision-making processes.
- L. When working with people living in encampments, recognize and value the skills that they bring, and take advantage of opportunities to reinforce their capacity as actors in their own lives.
- M. Question and rethink collaboration strategies when multiple people do not wish or are unable to participate by examining the reasons that hinder their meaningful engagement.
7. Actions that Support the Self-Determination and Autonomy of People in Encampments
When government representatives speak publicly about the encampment situation, they should address the people living in them directly. (Stakeholder)
- A. Continuously inform people living in encampments about their rights and the government's obligations to respect them, and work with them to find the best communication strategies for establishing an effective and respectful collaboration.
- B. Work with people living in encampments and informal leaders at a pace that suits them to develop tailored solutions to defend their human rights, meet their needs, improve their physical and mental health and stabilize their situation.
- C. Encourage and support self-managed dialogue spaces by and for people living in encampments, in collaboration with advocacy organizations they trust, and provide the necessary resources to help them organize autonomously.
- D. Recognize and respect the internal dynamics of encampments, and allow people to choose with whom they feel safe living.
- E. Provide resources to allow people living in encampments to manage services on their own (e.g., garbage collection or meal preparation) and support them by offering flexible day work schedules and opportunities.
- F. Work with people living in encampments to reduce risks, and share the responsibility for their safety. Support them to establish procedures in case of incidents, and provide training to build knowledge, skills and empowerment.
- G. Ensure predictability when decision-makers and people in positions of authority visit an encampment by announcing their visit in advance, posting information and distributing brochures to raise awareness.
- H. Facilitate the presence of independent, trained observers to encourage compliance with human rights standards in encampments by the municipal authorities and private entities involved.
8. Actions that Continue to Work Towards Long-Term Adequate Housing Solutions
There should be diversity in housing choices, locations and services provided—there is no single shelter/housing option that fits everyone. Consult with those living on the
streets to design safe, adequate and diverse housing models. (Stakeholder)
- A. Advocate with other levels of government to ensure long-term investments in adequate, affordable housing as well as support services for people exiting homelessness and transitioning into housing.
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B. In areas where municipalities can act, facilitate the construction of adequate housing to support people in their transition from encampments to safe, adequate and permanent housing solutions.
Municipalities should consider:
- Providing surplus municipal land at no cost in areas close to transit and other necessary amenities to non-profit affordable housing providers or land trusts.
- Implementing zoning and other changes to fast track the development of community housing.
- Exploring how waving development and other municipal fees can help to fast-track non-profit housing that is affordable for people exiting homelessness and to support the operations of the housing providers over the long-term.
- Developing specific initiatives to support urban Indigenous housing.
- C. Advocate for laws and policies that make evictions from housing more difficult and make it harder to discriminate against people in need of housing.
- D. Ensure that zoning, bylaws and municipal policies facilitate the protection of existing low-income housing, such as rooming houses and cooperatives, and don't create barriers to innovative new approaches to housing for people experiencing homelessness.
- E. Put in place eviction prevention programs as an early intervention measure to stabilize the housing of people at risk of homelessness.
- F. People should be provided with a variety of housing options and locations that meet their needs and are adapted to their personal situation. Allow people to make choices and take control over their lives.
- G. Ensure that the transitional and supportive housing that is offered is compliant with human rights principles. Residents in these buildings should be afforded the same rights as tenants, as per the landlord and tenant regulations in force in the province.
- H. Provide housing subsidies and programs adapted to the realities of people living in encampments to help them move into permanent housing solutions. Emergency shelters and supportive housing options are not enough, as they do not meet the definition of adequate housing set out in UN internationalFootnote 22 standards.
- I. Be transparent about when adequate housing will be available. Provide clear information to people living in encampments about new housing projects that can meet their needs, and update them on the progress of their construction.
- J. Ensure that different levels of government share the same priorities regarding human rights and homelessness, because it does not work when one level of government focuses on initiative “A” and the other on initiative “B.”