Mr. Chairman and honourable members, thank you for this opportunity to speak to you today. I'm here to speak particularly to division 19 of Bill C-97, which would enact the national housing strategy act.
Although I'm appearing on my own behalf, I am also here to support the positions advanced by the social advocacy support centre, which is a social justice NGO. It particularly concerns itself with issues of housing and homelessness.
We greatly appreciate this opportunity to speak to you about the proposed national housing strategy act. Over the past year, I've been working with the executive director of the centre, Bruce Porter. He enlisted my help as a law professor at the University of Ottawa and also as a former legislative counsel with the Department of Justice here in Ottawa.
Together with others in the social justice community, we have been developing proposals to support the rights-based approach to housing announced in the government's national housing strategy in November of 2017. We developed draft legislation and put it forward to the government through the office of Minister Duclos.
We have been particularly encouraged by chapter 1 of the strategy, which is entitled “Housing Rights Are Human Rights”. It envisages the creation of new legislation to “require the federal government to maintain a National Housing Strategy and [to] report to Parliament on housing targets and outcomes”.
Division 19 of Bill C-97 adopts many of the elements that we had suggested in our draft legislation and goes some distance towards realizing this goal by requiring the minister to “develop and maintain a national housing strategy” and establishing a housing council to provide advice to the minister.
The bill would also create a “federal housing advocate”. The responsibilities of the advocate would be “to analyze and conduct research” on housing issues; to “consult with” and “receive submissions” from persons or groups who have experienced “housing need” or “homelessness”; and, to report to the minister annually, summarizing the advocate's activities and recommending “measures within the authority of the Government of Canada to address” housing issues.
As commendable as these measures are, we would suggest that more is needed to accomplish the government's goal of a rights-based approach to housing, which it announced in November 2017. We suggest that the bill should clearly establish an accountability framework for the progressive realization of the right to housing. This right would be realized by shedding light on housing issues, conducting research on how to address them and encouraging action to address them. We are not advocating judicial or quasi-judicial enforcement of this right.
Specifically, we are suggesting the following amendments.
First of all, amend the housing policy declaration in clause 4 to affirm that housing is a fundamental human right. This would more clearly position the right to housing as the anchor of the government policy.
Secondly, clarify the policy role of the national housing council to monitor progress on the realization of this right and to advise the minister regarding its progressive realization.
Thirdly, strengthen the policy role of the federal housing advocate by elaborating duties and functions to assess and advise the federal government on the implementation of the housing policy; to initiate inquiries into incidents and conditions in a community, institution, industry or economic sector; to monitor progress in meeting goals and timelines of the housing policy; to receive and investigate submissions from affected groups; to issue opinions about compliance with the right to housing; and, finally, to provide for a review panel made up of three members appointed from the national housing council to hold hearings on key systemic issues identified by the housing advocate and to submit reports and remedial recommendations to the minister, to which the minister would have to respond within 90 days.
These amendments would ensure a more effective national housing strategy and support the progressive realization of the right to housing through policy mechanisms: namely, research, investigation and reporting. The amendments do not entail adjudicative functions and would not give rise to legally binding orders from a court or tribunal. They would instead create meaningful accountability and access to justice for the right to housing by giving a voice to concerns about systemic housing issues and ensuring that those responsible for public policy listen to those voices.
I would be pleased to explain the recommended amendments further and answer any questions you might have about the bill.