1948 Universal Declaration of Human Rights Declaration universelle des droits de l'homme FRONT COVER/This graphic depic habitation canadienne tion of obstacles and housing options presented to the average citizen was created by Toronto designer Karen Gillies. ©Karen Spring/Printemps 1989, Vol.6, No.1 Glllies. FRONT INTRODUCTION The human right to housing/Le droit fondamental au logement by!par 2 f. David Hulchanski COMMENTARY Do all Canadians have a right to housing? by ]. David Hulchanski 4 CHRA ALMANAC President's message on rights, developing non-profit housing, nominations, letters ... 12 MIDDLE ESSAY International legal foundations to the right to housing by Scott Leckie 20 REPORT The case for social and economic rights by Havi Echenberg and Bruce Porter 26 OPINION Housing is not a basic right by Walter Block 30 COMMENTARY Rights: Where do they come from? Is housing a right? by David Baxter 32 PERSPECTlVE Discrimination in housing by Bruce Porter 36 COVER STORY The right to homeownership by Thomas Axworthy 40 ARTICLE Aids and housing rights in Canada by Scott Leckie 47 ESSAY The human toll of Expo '86 by Kris Olds 49 WORLO REPORT Mass evictions in Calcutta by Habitat International Coalition staff 54 ARTICLE International campaigns for housing rights by Scott Leckie 57 BACK Third World shelter, UN global strategy, federal loan fund, United States' POTPOURRI "social deficit," current research on Alzheimer's disease, CMHC, New Brunswick's housing task force report, calendar ... 60 PUBLICATIONS Organizing for the homeless reviewed by CCSD, new releases, books for review 74 PROFESSIONAL DIRECTORY Classified listings 77 How aboriginals in Canada approach the concept of rights/Comment les BACK PAGES peuples autochtones du Canada pen;oivent-ils le concept des droits by/par Rosalee Tizya 78 Spring/Printemps 1989, Vol.6, No.1 1 INTRODUCTION habitation canadlenne I EdHorlR6dlCtrice en chlf: Huather Lang·Runlz ~ Change of Addreu: by/par J. David Hulchanski To avoid m/Sslng CtJpies, send old and new address, date of move, and old address label to CANADIAN HOUSING, P. 0. Box 3312, Station D. Ot tawa, OntariDKIP6HB. Cbang1m1nll d'adnme: Pour 6viler des inteffuptions de service, veuiYez faire parvenir /'an· cienne et la nouvelle adresse, la date de ctem6nagement, et une an· cienne 6fiqUfJtte AHABITATION CANADIENNE, C.P. 3312, Succursale D, Ottawa, Ontario K1P6H8. The human right to housing Le droit fondamental Mtmbtl1tllplhltlcrlptlon Rita:: au logement Annual rates for CAHRO membership: Active(Voting) Members $40; Stuth!nt (VOiing) Members $20; Associate (Non-voting) Membars $35. canadlan Housing subscription only: $20 one year: $32 two years. (Duis/de Canada: 1 year $24; 2years$40.) Prix d'tdllftlollld'lbonn11111n1: During 1988, the Canadian Housing and Au cours de /'annee 1988, /'Association Drolts d'adh6sion annue/s a /'ACRHU: membre aclif (avec droll de Renewal Association marked its 20th anniver canadienne d'habitation et de renovation vate), 4-0$;6tudiant(avec drOilde vote), 20$; membreassoci6(sans sary. A great deal has changed in Canada's urbaine a marque son vingtif!me anniversaire. droit de vote), 35 $. Abonnement a Habitation canadltmne seu/ement: unan20$, deuxans 32 $. (A /'6tranger, unan24$, deuxans40S.) housing institutions and public policies since Beaucoup de choses ant change au sein des the late 1960s. Yet, housing issues and institutions de Jogement et au niveau des poli Encullve Direclor/Dl1ectrice glinlirale: Sylvia Haines problems continue to be at the top of the public tiques publiques au canada depuis la fin des 8o1nl of Dltecton/Consell d' 1dmlni1lr1tlon: agenda. annees 1960. Pourtant, /es problemes et /es One increasingly heard phrase in the housing questions de logement continuent de figurer en E1tecutlve Commltlee/Comltl Hicutlf: Peter Smith (Presiden//President) debate is the claim that housing is a right. ti!te de /iste du programme public. Robert Player (I st Vice-presiden/11~' vice-president) What does this mean? Is it a valid claim? If Dans le dfbat sur le Jogement, on revendique Claude Roy (2nd Vice-presiden/12" vice-prBsiden/) so, how can it be implemented? de plus on plus que le logement constitue un Jane Brackley (Secretary/Secretaire) Denise LeBlond (TreasurertTresoriere) To help infonn this debate, Canadian droit fondamental. Qu 'est-ce que cela veut Richard Peddie (Past-presiden//Pr8sident sortant) Housing is pleased to present a special issue dire? Cette revendication est-elle valable? Si with a focus on the human right to housing. oui, comment l'applique-t-on? Pour aider a Regional Directors/Dlrecleurs r!glonau1t: On December 9, 1948, the member countries David Hulchanski (British Columbia and Yukon Regional edairer ce debat, Habitation canadienne est Director!Direc/eur regional de la Colombie-Britannique et of the United Nations met in a special session heureuse de presenter un numero special trai~ du Yukon) to adopt the Universal Declaration of Human tant du droit fondamental au Jogement. Daryl Kreuzer (Alberta Regional Director/Directeur regional Rights. Article 25(1) states: "Everyone has the de !'Alberta) Le 9 decembre 1948, /es pays membres des Yvon Dumont (Manitoba and Northwest Territories Regional right to a standard of living adequate for the Nations unies se sont reunis en assemblee Director!Directeur regional du Manitoba et des Territoires health and well-being of himself and his family, extraordinaire pour adopter la Declaration du Nord-Duest) including food, clothing, housing, medical care, Sybil Frenette (Ontario Regional Director/Directrice nJgionale universe/le des droits de /'homme. L 'artide 25 de /'Ontario) and necessary social services.·· (1) stipule que: "Toute personne a droit a un Martin Wexler (Quebec Regional Director/Directeur regional The 40th anniversary of this declaration pro niveau de vie suffisant pour assurer sa sante, du Quebec) Wayne Purchase (Newfound/and and Labrador Regional vides an opportunity to pause and reflect on son bien-ftre et ceux de sa famille, noamment Director!Directeur regional de Terre-Neuve et du Labrador) its meaning for housing. The articles in this pour /'alimentation, /'habil/ement, le logement, Bill Todd (New Brunswick Regional Director!Directeur region special issue discuss the significance of the Jes soins mfdicaux ainsi que pour Jes services al du Nouveau-Brunswick) or~ Jimmy Macinnis & Jennifer Foster (Nova Scotia and Prince 1948 Universal Declaration and other imp sociaux necessaires. '' Edward Island Regional Directors/Directeurs r8gionaux de tant international human rights covenants and Le quarandeme anniversaire de cette decla la Nouvelle-Ecosse et de /'ile-du-Prince-Edouard) conventions related to housing. ration nous oflte ]'occasion de nous arrEter et C1n.i11n HDllllng, the offlclal pubf1Cation of /he Ganadian Association The two-pronged aims of this special issue de retlechir sur sa signification pour le Joge of Housing and Renewal Officials. is circulated to 1000 are to infonn and to stimulate debate. Infor ment. Les articles publies dans ce numero spe subscri~rslmembers, including municipalities, individuals engaged in mation about these international declarations housing policy, Mem~rs of Parl/ament, and CMHC branch offices. cial examinent la signification de la Declara and agreements is provided; a number of tion universelle de 1948 et d'autres Hlbltlllon cu1dl•nn• est la publ/catkJn de /'Association canadienne des responsables de !'habitation et de l'urbanisme, envoy6e a1000 authors debate the meaning and policy conventions intemationalee majeures portant membres!abonnls, y comp.tis /es mun/cipalites, Jes respansables de la relevance for canadians of the assertion that sur Jes droits de la personne relativement ala pa/i/ique d'habilallon, /es membres du Parlement, et !es bureaux de la housing is a fundamental human right. SCHL. question du logement. A broad range of views is presented, from Ce numero special vise un double objectif: ISSN0826-7278 a well-argued denial that housing is a human d'abord d'infonner et, ensuite, de stimuler le · right (Walter Block's article) to an argument debat. ''Second Class Mail RegistratkJn No. 688()'' that not just housing but homeownership is Vous y trouverez des renseignements au a tight (Tom Axworthy's article). sujet de ces declarations et conventions inter Translallon!Traduction: Yvon Lepage, Montreal, Quebec In additon to articles of a philosophical nadonales. Divers autours et auteures se pen TypesetlingfComposition & Printing/Impression: nature, other articles cover particular fonns of chent sur la signification et la pertinence des Love Printing Services Lid., Stittsvil/e human rights violations related to housing. Dis politiques pour Jes canadiens et Canadiennes Initial Design/Conception lnltlale: Quorum Graphics Ltd., Ottawa crimination in the housing market is discussed decouiant de /'affirmation vouiant que le loge by Bruce Porter. Scott Leckie looks at the ment soit un droit fondamental. Vous y CAHRO gratefully acknowledges the 11ssistance of the Canada Mortgage problem of housing discrimination as faced by trouverez un large eventail d'opinions, alland and Housing CorporatkJn, as well as the Department of the Secretllf)' of people with AIDS. The problem of forced evic d'un expose bien documente soutenant que le Stare. wilhaut whom the pubf/calion of this magatine would not~ possible. tions is discussed by Kris Olds, who provides logement n'est pas un droit fondamentaux 2 canadian housing habitation canadlenne a detailed review of the Expo '86 evictions in Vancouver. The "last word" on the issue of housing rights, in the section of the magazine called ACKNOWLEDGEMENTS REMERCIEMENTS the "Back Pages," is provided by Rosalee Tizya, Executive Director of the United Native Nations in Vancouver. She gives us something to think about by reminding us that the need for and concern over individual rights is rela UBC tively recent in human history and is the product of highly individualistic societies. She explains the important role played by collec tive rights, the concept of community in aboriginal culture, and how the Western focus on individual rights is alien to their philosophy. It is hoped this issue of Canadian Housing will serve as a useful and thought-provoking This special issue of Canadian Ce numero special d 'Habitation review of the philosophical and practical issues related to the human right to housing. Let's Housing was edited by Dr. ]. canadienne a ete con9u et compile hope that when the canadian Housing and David Hu/chanski, Associate par M.J. David Hulchanski, profes Renewal Association is 40 years old and the Professor in the School seur agrege a l'ecole d'urbanisme 60th anniversary of the Universal Declaration of community and Regional Plan communautaire et regional du is being celebrated, even more, if not all, cana ning and Director of the Centre for Centre pour Jes etablissements dians will have good quality housing appro priate to their needs and at a price they can Human Settlements at the Univer humains a /'Universite de afford. sity of British Columbia. He is also Colombie-Britannique (UCB). M. a member of CHRA 's Board of Hulchanski est egalement membre J. David Hulchanski, Director of the Centre for Human Settlements at UBC, is the Directors, representing British du Conseil d'administration de editor for this special issue. Columbia and the Yukon. /'ACHRU, representant Ia On December 9, 1988, the UBC Colombie-Britannique et le Yukon. (/'article de Tom Axworthy). Le 9 decembre 1988, le Centre En plus des articles a caractere philosop Centre of Human Settlements held hique, d'autres articles portent sur des fonnes an invitational seminar on the pour Jes etablissements humains precises de manquement aux droits de la per right to housing. Several of the de /'UCB organisait un seminaire sonne dans le domaine du Jogement. Bruce articles in this special issue are sur Ia question du droit au loge Porter examine la discrimination sur le marche based on the presentations and ment. Plusieurs des articles publies du Iogement. Scott Leckie decrit le probleme dans ce numero special sont de la discrimination en matiere du logement discussions made at that UBC auquel doivent faire face Jes personnes seminar. These include the papers fondes sur Jes presentations et Jes atteintes du SIDA. Kris Olds, pour sa part, exa by David Baxter, Scott Leckie, debats qui ont ou lieu /ors de ce mine le probleme des evictions forcees en decrt Kris Olds, Bruce Porter, and seminaire. Parmi ceux-ci, on vant en detail Jes evictions qui ont eu lieu a Rosalee Tizya. trouve Jes articles de David Vancouver pour /'amenagement d'Expo 1986. Scott Leckie, an expert in inter Baxter, Scott Leckie, Kris Olds, Le "mot de la fin" sur Ia question du droit au /ogemtn nous vient de Rosalee Tizya, direc national human rights law, was a Bruce Porter et Rosalee Tizya. trice generale de la United Native Nations, un visiting scholar at the UBC Centre Scott Leckie, un specialiste en organisme de Vancouver. Elle nous amene a for Human Settlements in 1988. droit international dans le domaine reflechir en nous rappelant que la preoccupa He played a major role in shaping des droits de Ia personne, etait tion a/'egard des droits individue/s est un filit the Centre's research agenda on professeur invite au Centre pour relativement recent dans l'histoire de l'humanite et qu 'elle est le produit de societes housing rights, helped define a Jes etablissements humains de hautement individualistes. Elle decrit le role focus for the December seminar, /'UCB en 1988. II a joue un role important que jouent Jes droits collectifs et Ia and contributed three articles to majeur dans au Iogement et a notion de collecdvite dans la culture autochtone this special issue of Canadian contribue a detenniner /'orienta etranger a Ia philosophic des autochtones. Housing. tion du seminaire de decembre. II Nous esperone que ce numero d'Habitation canadienne servira d'outil pratique et qu 'il sus Barbara Pettit, a research assis a egalement contribue trois articles citera la reflexion au niveau des questions tant at the Centre for Human Set a ce numero special d'Habitation d'ordre phliosophique et pratique touchant le tiements and a Ph.D. candidate in canadienne. droit fondamental au Jogement. Experons que the UBC planning school, was Barbara Pettit, assistante a la lorsque ]'Association canadienne d'habitadon immeasurably helpful in selecting rocherche au Centre pour Jes etab et de renovation urbaine ceJebrera son quaran tteme anniversaire et que nous marquerons le . and editing several articles. Jissements humafns et candidate soixantieme anniversaire de la Declaration des au doctorat a /'ecole d'urbanisme droits de l'homme, encore plus de Canadiens de /'UCB, a foumi une aide ines et de Canadiennes, sinon taus, vivront dans timable au niveau de Ia selection des logements de qualite qui conviennent a et de Ia revision de plusieurs leurs besoins et a leurs moyens. articles. · J. David Hulchanski, diiecteur du Centre pour Jes etablissements humains de l'UCB, est le redacteur pour cette numero special. Spring/Prlntemps 1989, Vol.6, No.1 3 HOUSING AS A SOCIAL RIGHT OF EVERY CITIZEN Ron Basford, Minister of State for Urban Affairs, 1973 When we talk, as we undoubtedly will, in this debate in a general way about the subject of housing, we are talking about an elemental hmuan need - the need for shelter, for physical and emotional comfort in that shelter. When we talk about people's basic needs - the requirements for survival - society and the government obviously have an obligation to assure that these basic needs of shelter are met. I have already acknowledged this obligation in stating that good housing at reasonable cost is a social right of eve1y citizen of this country. As legislators, as administrators, as a federal government working with the provinces and with the private sector, that must be our objective, our obligation and our goal. The legislation I am proposing to the House today is an expres sion of the government's policy, part of a broad plan, to try to make this right and this objective a reality. The measures presented i11 this bill are designed, first of all, to give Canadians the kind of help that they have a right to expect in providing themselves and their families with adequate shelter. More particularly, they are directed first at those people whose need is most urgent - the old, the poor, and those people who for one reason or anotlier do not have access to the resources this country can provide. In considering people's need for shelter, however, we cannot concern ourselves simply with a roof and four walls. Man is a social animal, and we must look beyond his house to the com munity of which it is a part. The community, as well as the house, must be safe and healthy, and must allow and encourage man and his family to achieve the fullest possible growth and development, physically, emotionally, and spiritually. ~ -House of Commons, Debates, March 15, 1973, p. 2257. 4 canadlan housing habitation canadienne COMMENTARY Do All Canadians Have a Right to Housing? Abstract Is housing an enforceable human right or an empty political slogan? Canadian Housing's editor for this special issue provides an extensive overview of the debate in canada, concluding that the time for discussion has ended and a new course of action must begin. by J. David Hulchanski Resume Le logement est-ii un droit fondamental obligatoire au un vain slogan politique? Le redacteur d'Habitation canadienne pour ce numero special presente un survol de ce dEbat au Canada, en concluant que le temps des discussions est termine et que le moment est venu d'agir. The right to housing: Have Canadians this right, or is it simply a political slogan? Widespread use of the phrase emerged in the late 1960s. By 1973 it had become part of our National Housing Act. Although people line themselves up on each side of the issue, no one has a clear idea of what the right to housing really means. In 1968 the Canadian Welfare Council organized the first Canadian Conference on Housing to discuss priorities for housing policy. Over 500 delegates came, representing government, business, the design and planning professions, various non-profit organizations, and neighbour- Spring/Printemps 1989, Vol.6, No.1 5 TOWARD A PHILOSOPHY OF HOUSING RIGHTS AND EQUITIES Humphrey Carver, 1948 The solution to this central problem of housing [low-income households J involves the forming of a philosophy concerning the rights and equities within our society. For, if it is not considered important that evezy adult and evezy child in a Canadian commu nity should be able to enjoy a certain way of life, then there is no housing problem. -Humphrey Carver, Houses fOr Canadians, University of Toronto Press, 1948, p. 128. hood and tenant associations. The confer Humphrey carver's Houses for Cana~ ration of Human Rights. This document is ence, written up in The Right to Housing, dians, published in 1948, is om~ of the first the first catalogue of human rights and adopted a series of recommendations that post-war studies of Canadian housing freedoms adopted by the international included: policy. The first and last chapters, in par community. All Canadians have the right to be ticular, provide a thoughtful analysis of the The Universal Declaration helped begin adequately housed whether they can problem and its solution. the process of recognizing housing rights afford it or not. The solution to this central problem throughout the world. Article 25(1) refers In July 1968 the Cabinet set up the fed of housing [low-income households] specifically to housing, eral Task Force on Housing and Urban involves the fanning of a philosophy Everyone has the right to a standard Development to report on ways that concerning the rights and equities ofliving adequate for health and government could work with the private within our sodety. For, if it is not well-being . ... including food, sector to help meet the housing needs of considered important that evezy clothing, housing, and medical care all Canadians. The task force travelled to adult and eveiy child in a canadian and necessary social services. 27 cities and towns, including all provinces community should be able to enjoy In 1966 the international community fur and territories. It received over 500 briefs a certain way of life, then there is ther recognized housing rights when the from organizations and individuals. The no housing problem. UN General Assembly adopted the Interna final report in January 1969 recommended: The issues Carver raises are still pertinent tional Covenant on Economic, Social, and Eveiy canadian should be entitled to 40 years later. Most canadians have a cultural Rights. Article 11 codified the right clean, wann shelter as a matter of good standard of housing, but many to housing by providing that: basic human right. lower-income households remain excluded The States Parties to the present When the government adopted amend from adequate and affordable housing Covenant recognize the right to ments to the 1973 National Housing Act, it appropriate to their needs. everyone to an adequate standard of implemented many suggestions of the 1968 living for himself and his family, task force. The minister responsible for including adequate food, clothing, housing told the House of Commons that and housing, and to the continuous all Canadians have the right to good improvement of living conditions. housing at prices they can afford. The Universal Canada has ratified these and virtually all Good housing at reasonable cost is a Declaration of similar international human rights social right of evezy citizen of this covenants and agreements. countiy . ... [This] must be our Human Rights objective, our obligation, and our goal. Until the Second World War, the way The minister added that the 1973 bill that a government treated its citizens was Not Everyone Agrees amending the National Housing Act ''is an entirely up to the rulers of that country. expression of the government's policy, part Since Hitler and Stalin, however, interna Some people disagree that housing is a of a broad plan, to try to make this tional law has changed profoundly. How a basic human right. Conservative rtght and this objective a reality." state treats its citizens is no longer a pri economists contribute most of the pub These examples show that the use of the vate matter. Today, violation of human lished arguments against housing as a "right to housing" as a political slogan rights in one country is a legitimate con right. For example, in a 1981 Fraser Insti and a stated government goal grew during cern for all people and all nations. tute book on rent control, economist the 1960s. As early as the 1940s, On December 10, 1948, a special session Walter Block writes: however, a prominent housing expert had of the United Nations General Assembly All rights have corresponding obliga referred to housing as a right. met in Paris to adopt the Universal Decla- tions. If/ have a right to property, 6 canadian housing habitation canadienne THE RIGHT TO ADEQUATE HOUSING Canadian Conference on Housing, 1968 Recommendations of the Conference: 1. The Canadian Conference on Housing (1968) declares that all Canadians have the right to be adequately housed, whether they can afford it or not. 2. Housing is more than shelter and must be within a context of community that includes provision of related facilities and services to make livable the urban environment in which most Canadians will reside. 3. A wider range of housing, including private, co-operative, non-profit, and public housing, and greater freedom of choice of location, design, and form of tenure should be available to low- as well as middle-income groups. -Michael Wheeler, ed. The Right to Housing: Papers and Proceedings of the First 'Canadian Conference on Housing,' Montreal: Han1est House, 1969, p. 331. (~\\~~ you have an obligation to retrain tive assistance such as tree medical The debate, therefore, is over the newer from stealing it or trespassing upon care, elementazy education, or a social and economic rights. Block is correct it. If you have an inviolable right in decent standard of living) is a that these rights are claims guaranteed by your person, I, and evezyone else, category mistake or a debasement of the state by law, by taxes, and by services have an obligation to leave you the language of rights. and income supplements. In distinguishing unmolested. Note that these are People disagree about the specific nature between negative and positive rights, negative rights. They make incum of economic, social, and political rights, however, he must deny the legitimacy bent upon people to refrain; to cease but no one seriously suggests that negative of social and economic rights to promote and desist; to avoid certain aggres liberties are the only rights we can have. and defend his philosophical argument for sive behaviour. But they impose no It is helpful to distinguish between the a minimalist role of the state. For political positive obligations whatsoever. three kinds of rights contained in the reasons, he chooses a narrow definition Block favours negative rights and Universal Declaration of Human Rights: of human rights to limit the role of freedoms but not positive rights. In partic • civil rights and liberties, such public policy. ular, he opposes the new set of economic as speech, publication, association, However, no logical disparity exists and social rights outlined in the UN's religion, movement; between these rights. According to C.B. declaration and other international human Macpherson, they are all "claims for a rights covenants and agreements. As • political rights, such as the right to life at a genuinely human level. All Block explains: ability to influence government and that has changed is the acceptable view of Of late, however, a new type of choose repres~ntatives; possible ways of securing the individual "right" has arisen . ... "What is • social and economic rights, right to the material means of a fully · claimed here is not the right to be such as the right to work, the right human life." left alone, free to build, buy, or rent to social security during illness and The arbitrary distinction between negative whatever shelter one can afford. old age, the right to an income con and positive rights does not consider the Now demanded is a right to housing sistent with human dignity, the right actual socioeconomic position of people. which implies an obligation on the to leisure, and the right to an It relates, says Waldron, to broader ques part of other people to provide it. education. tions of political morality, and particularly This daim, in other words, is for a Many people believe that all individuals to laissez-fake and minimalist theories of so-called positive right, not the ought to enjoy these rights equally. the state. negative rights of classical origin. Although these rights have always existed This approach, he notes, has been under But what is actually at stake here in theory, most nations have only recently steady attack throughout the 20th century. has nothing to do with rights at all. recognized and guaranteed them. Civil and Human rights attract continuing debate On the contrazy, it is a disguised, political rights date from the 17th and 18th because the package of rights that we and therefore quite insidious, centuries. Social and economic rights date accept as a society helps to define our demand for wealth. only from the mid· 20th century. criteria for policy choices. The debate rages Few political theorists and legal To understand the political motives of because individual rights provide the philosophers consider the distinction those who distinguish between negative starting point for political morality. between negative and positive rights legiti· and positive rights, we must remember mate. In his book Theories of Rights, that the first two rights limit state action. Jeremy Waldron notes: Civil rights are rights of individuals against Few now take seriously the sugges the state, and political rights are rights of tion, quite common a few decades individuals to control the state. Few ago, that recognition of the so-called canadians question these as basic rights of socioeconomic rights (rights to posi- all citizens. Sprlng/Printemps 1989, Vol.6, No.1 7 A DECLARATION OF HOUSING POLICY PRINCIPLES Federal Task Force on Housing and Urban Development, 1969 1. Housing and urban development are an urgent priority for the people of Canada and must be treated as such by their elected representatives at all levels. 2. Every Canadian should be entitled to clean, warm shelter as a matter of basic human right. J. While it will take some time to realize this goal, a concerted effort is required by all concerned . ... 4. The aim of government policies should be to generate sufli cient housing stock of various fo1ms so that all Canadians may exercise their own freedom of choice as to the style a11d tenure of housing in which they live. 5. This fundamental freedom of choice should not be restricted to those able to compete in the private market, but should also be an underlying principle of public policies to assist low-iucome groups. -Report of the Federal Task Force on Housing and Urban Developn1ent, Ottawa, 1969, p. 22. to housing" means to us. Do we define • How does society devise those Is There a Right to this right by comparing Canadian housing institutions that allow all people to with housing in other countries? or do we live with dignity? Housing? compare the housing of some canadians • What role does housing quality, Many international covenants with the housing of other Canadians? quantity, pctce, and security play in acknowledge the right to housing. There is Even a wealthy country that delivers living with dignity? no question that many people consider it good housing to most citizens has a long The answers to these questions form the to be a basic human right. The difficult way to go to secure good housing for all. philosophical and moral framework for the question is, What does the right to housing Much depends on the way we decide to policy decisions that face Canadians. Since mean in Canada? define the rtght to housing. A list of the 1940s, Canada has made major health For homeless individuals, the answer is options published some 20 years ago care decisions that guarantee access to simple. There is debate, however, over shows the range of issues we must con quality health care for rich and poor. who the homeless are and what homeless sider, the right to free choice in housing Such is not the case with housing. ness is. Is someone sleeping in a tem rype, location, and use; the ctght to secu Access to adequate housing varies between porary shelter homeless? Most of us would rity of tenure; the right to own one's rich and poor. It varies between two-parent agree. Home is not simply a shelter. It is home; and the right to control one's families and one-parent families. Much more than a roof and four walls. By environment. depends on whether you are young, old, defining a home as more than minimal or middle-aged. shelter, we assume a set of explicit or What we need to consider in the way implicit standards. Below these standards, Canada produces and distributes housing is one is homeless: above them, one is not. The Challenge Today Carver's philosophy on rights and equities Setting such standards is no simple task. in our society. Canada has thought through If most Canadians have good housing, The debate over the right to housing health care in recent decades and is then the slogan "the right to housing" comes down to a set of ethical questions. thinking through day care now. We need may have no meaning. We could conclude, There is no scientific way to arrive at an to think through the right to housing. therefore, that the right to housing is irrele answer. As voters, each one of us must After the war, Canada had to tackle the vant because our housing system has deli make up our minds about the kind of practical problem of organizing national vered good housing to most canadians. society we want. resources to produce enough houses. The There are two problems with this conclu • What does it mean to lead a life country also had to address the ethical sion. First, are we satisfied that not all of dignity? problem of making policy decisions about Canadians have good quality housing at • What are the necessary material housing rights of people with low incomes prices they can afford? Second, we all means required to lead a life of and special needs. have notions of what the claim the "right dignity? We have solved our practical problem. 8 canadian housing habitation canadlenne HOUSING AS A BASIC SOCIAL RIGHT, NOT A COMMODITY Ed Broadbent, Leader of the NDP, 1975 We believe that housing, like medical services and like educa tion, at least up to university level, should be available as a basic social right. Housing is a right to which evezy canadian family is entitled by virtue of being part of our society. We test housing legislation by asking how it conforms to this general principle. We ask, does the legislation recognize that housing is a social right, that houses are not a commodity like any other in society? Second, if the legislation recognizes housing as a right, does it do something to fuifil that right? If the legislation meets either test, particularly if it meets our first point, we supported it, even though it may not go far enough in providing all the necessazy details. Certainly the first test is crucial . .. , Of the many ministers and departments that have been given the responsibility for housing, not one has brought forward legisla tion clearly embodying the notion that housing is a social right. Actually, the legislation that has come forward has suggested just the opposite, namely, that the market will ultimately deter mine whether a Canadian family will obtain a house. Any mechanisms introduced by the government for providing housing have been aimed at the banks, trust companies, and other finan cial institutions. The aim of the government has always been to give incentives to these basically market-oriented institutions to provide services. -House of' Commons, Debates, February 27, 1975, p. 3649. We can build all the houses we need. Few other countries have reached this level of production, and we often forget what a major achievement it is. If an earthquake should devastate one of our cities, we could quickly rebuild to very high standards. We have yet to tackle the second part of from 1.4 million (5. 7 per cent of the the post-war housing challenge. We have What Progress Have population) in 1981. not devised a housing system and housing We Made in the The National Council of Welfare's 1988 institutions that include all Canadians. We Poverty Profile provides data on poverty have not heeded carver's advice about 1980s? rates by tenure. equity and fairness to all canadians. • 26 per cent (500,000) family ultimate objective of the The In the 1980s, we have excluded even households In the rental sector live national housing program should be more Canadians from access to good in poverty compared to 7.3 per cent the provision of a decent dwelling quality housing. Many more households of homeowners. for evezy canadian . ... From this it cannot afford the housing they have or follows that the crucial and ultimate need. Data on income and poverty points • 38 per cent (800,000) single test of the effectiveness of housing to an even worse situation in the future. person households in the rental policy is the condition of the worst • Real incomes of many Canadians sector live in poverty compared to housed families in our communities. have decreased by four to six per 24 per cent of owners. No serious technical or practical problems cent since 1981. In contrast, from The percentage of households paying more stand in our way. The challenge of the 1965 to 1976 real average family than 30 per cent of income on rent keeps 1990s is clear: the need to complete our incomes increased by 4.2 per cent going up. In 1976 it was 23 per cent of housing system. Although 95 per cent of per year. all renter households: in 1986 it was 27 our housing system relies on the market, • In 1986, 1. 9 million Canadians per cent. the market cannot deliver housing to (7.5 per cent of the population) were Clearly, our housing system cannot people unable to generate demand. on social assistance, an increase respond adequately to social need. People Spring/Printernps 1989, Vol.6, No.1 9 living in poverty simply cannot generate Post-war housing policy made the mis market demand or pay market rents or take of assuming there was a cheap way References prices. Circumstances might have been to deliver housing to poor people. Housing better if we had improved income distribu is expensive. No clever program exists that Block, Walter and Edgar Olson, eds. tion in recent decades, but we have not. will solve our remaining housing problems (1981) Rent Control: Myths and Reali Statistics canada figures show that the gap at low cost. Education and health care are ties, Vancouver: The Fraser Institute. between rich and poor has not changed Canada, National Council of Welfare (1988) not cheap either. Yet, we believe it is Poverty Profile 1988, Ottawa: The between the 1950s and the 1980s. The wrong to have good quality education and Council. top 20 per cent of the population has 42 health care for those who can pay and Canada, Task Force on Housing and Urban per cent of the national income, and the poor quality for those who cannot. Development (1969) Report of the Task bottom 20 per cent has only four per cent. The starting premise for an inclusionary Force on Housing and Urban Develop housing system is recognizing that an ment, Ottawa: Information Canada. Canadians have the right to decent Carver, Humphrey (1948) Houses for Cana· housing, in decent surroundings, and at dians: A Study of Housing Problems in An Agenda for the the Toronto Area, Toronto: University rents and prices they can afford. Two of Toronto Press. Future decades ago, the canadian Conference on Macpherson, C.B. (1987) "Problems of Neither the problem nor the solution is Housing suggested: Human Rights in the Late Twentieth new. Carver emphasized the need to Canadian housing goals will not be Century,'' in his The Rise and Fall of easy to achieve. They require much Economic justice and Other Essays, organize our housing system to provide Oxford: Oxford University Press. lower-income households with adequate higher priority within the public economy (federal and provincial) and Michelman, F.l. (1970) "The Advent of a housing as a right. The solution, therefore, Right to Housing: A current is to devise an inclusive housing system. should be seen to be as socially essential as education. No govern Appraisal,'' Harvard Civil Rights-Civil Canadians are already justly proud that Liberties Law Review, Vol. 207, pp. the countty has been able to deliver a high ment is spending according to the 207-216. standard of housing for most citizens. It is, priorities this conference insists on. Sieghart, Paul (1986) The Lawful Rights of National, regional, and local organizations however, an exclusive system that Mankind: An Introduction to the Inter· permits access to housing according to eco must work to put housing higher on the national Legal Code of Human Rights, public agenda and to improve Canadian Oxford: Oxford University Press. nomic status. Statistics Canada (1984) Charting Canadian To develop an inclusive housing system, housing institutions. These are, indeed, difficult tasks. Do we continue to waste Incomes 1951-1981, Ottawa, Cat. Canada must put housing on the public 13-581E. agenda as a priority. We must set up a time and money studying the problem? Or do we start now on a course of action Statistics canada (1987) Household Fadli realistic work program with a timetable for ties by Income and Other Charac addressing Canada's remaining housing that, in any case, must eventually begin? teristics, 1986, Ottawa, Cat. 13-218. needs. Waldron, Jeremy, ed. (1984) Theories of Rights, Oxford: Oxford University Press. Wheeler, Michael, ed. (1969) The Right to Housing: Papers and Proceedings of the First 'Canadian Conference on The Human Right to Housing Housing,' Montreal: Harvest House. Special Issue of Canadian Housing f. David Hulchanski is the Director of the UBC Centre for Human Settlements and ''The basic right of all people to adequate, affordable housing can an Associate Professor in the School of only be achieved through a partnership between all sectors and a Community and Regional Planning at the willingness to accept our collective responsibilities." University ofBritish Columbia. He teaches the housing policy courses in the Univer sity's School ofPlanning. Dr. Hulchanski is also a member ofthe Board ofDirectors of the Canadian Housing and Renewal Association. The Honourable Peter Trites Minister of Housing Province of New Brunswick NEW BRUNSWICK HOUSING CORPORATION SOCIETE D'HABITATION OU NOUVEAU-BRUNSWICK 10 canadian housing habitation canadienne ..,..~canadaLHe~~~~~~~~~~~~~~~~~- Mortgage Services Ltd. WHY DID C.L.M.S. FINANCE MORE NON-PROFIT HOUSING PROJECTS IN 1985, 1986, 1987, 1988 THAN ANYONE ELSE? A. Commitment to Service D B. Full Range of Terms D C. Impressive Track Record D D. Competitive Interest Rates D E. Dedicated Staff D F. Innovative Thinking G. All of the above ~ Contact our Social Housing Team Canada Life Mortgage Services Ltd. 2255 Sheppard Avenue East Suite A-110 Willowdale, Ontario M2J 4Y1 (416) 499-8400 and branches throughout Canada. Spring/Printemps 1989, Vol.6, No.1 11 MARCH 1989 PRESIDENT'S MESSAGE DU PRESIDENT ~ When every !'l a auei;tion i ~ '1'1.1. ne solution to the central problem of ~ L a solution au probleme du logement pour housing low-income people, wrote Humphrey ll/es personnes a faible revenu, ecriva1t carver in 1948, "involves the fotrning of a by/par Peter Smith Humphrey Carver en 1948. comporte la for- philosophy concerning the rights and equities mulation d'une philosophic englobant Jes dro1ts within our society, for if it is not considered ~ let Jes egalites au sein de notre socu:te, parce important that every adult and every child in of The Fraser institute, not all individuals que si /'on ne considere pas qu'il est impor a canadian community should be able to enjoy acknowledge that humans have a basic right tant que tout adulte et tout enfant d'une col a certain way of life. then there ls no housing to housing. The fact that human rights - on lectivite canadienne devrait jouir d'un certain problem.'' Indeed, the Universal Declaration various and sundry subjects - attract con~ niveau de vie, a/ors nous n 'avons pas de of Human Rights, proclaimed that same year tinuing debate in society is, as David Hui- probleme de Jogement. En e/ret, la Declaration by the United Nations General Assembly, chanski, our contributing editor. writes, universelle des droits de l'homme, proclamee affinns that housing rights should and must •'because the package of rights that we accept la meme annee par I 'Assemblee generale des be recognized: "Everyone has the right to a as a society helps to define our criteria for Nations unies, aflirme que le droit au logement standard ofliving adequate for health and well- policy choices.·• devrait et doit etre reconnu: Toute personne being ... including food. clothing. housing. How we define our human rights. in society. a droit aun niveau de vie suilisant pour assurer medical care, and necessary social services'' is a reflection of how we, as a country, define sa sante, son bien-etre ... notamment pour (Article 25 (!)). our own morality. But to arrive at an answer l'alimentation, /'habillement. le logement, les The right to housing as a political slogan about the kind of society we want, we have soins medicaux ainsi que poui' Jes services enjoyed widespread use during the 1960s and to examine for ourselves what ls meant by sociaux necessaires. [Article 25 (1)] by 1973 had become part of canada's National 'affordable housing crisis,· by 'homelessness,· Le droit au logement a t!te tres repandu Housing Act. More recently, the canadian Con- by 'distribution and supply.• comme slogan politique au cours des annees ferencetopromotethe 1987Intemationa1Year Atlastyear's20thannualsymposiumofour 1960 et, en 1973, ii a ete intt!grt! a la Loi of Shelter for the Homeless - co-sponsored by association, one of the speakers, Btuce Porter. nationale sur }'habitation du Canada. Plus the Canadian Housing and Renewal Associa- who is the co-ordinator of the Toronto-based recemment, la Conference canadienne al'oc tion and the International Council on Social Centre for Equality Rights in Accommodation, casion de l'Annee intemationale du logement Welfare-canada - did much to bring the issue illuminated the affordable housing crisis fllcing des sans-abri, coparrainee par l'Association to the forefront. canadians today. As a society, Porter said, canadienne d'habitation et de renovation Still, the debate rages on. As demonstrated ·'We [ canadians] have a clear preference for urbaine et le co mite canadien du Conseil inter in the article written by economist Walter Block talking about housing supply rather than national de l'action sociale, a contribue large- 12 canadlan housing habitation canadlenne housing distribution, perhaps because we find ganisme torontols Centre for Equality Rights it easier to think about solving the problem of in Accommodation, a mis en Jumiere la crise I I I I I I I I I I I I I scarcity than to address the ingrained struc- de /'abordabilite des /ogements qui confronte ture of social inequality. aujourd'hui Jes Cana di ens et Jes canadiennes. Letters/Le courrier "It's always easier to blame homelessness M. Porter a dedare qu'en tant que sodete, • on an economic factor such as housing supply nous [/es canadiens et canadiennes J Members responses than to look in the mirror and see ourselves preferons par/er de la construction plutot que Thank you for your letter Informing me about the as a society that targets particular groups - de la rfparddon des Jogements, peut-etre parce canadian Housing and Renewal Association. It is women, visible minorities, native people, single que nous trouvons plus facile d'envisager une good to know that organimtions such as CHRA exist parents, young people, the disabled, the unem- solution au probleme de la penurie des loge· and the '.oles th~t_they play. . ployed, social assistance recipients - and ments plutot que de faire face ala structure IappreaatereceMngthecopyofcanadlanHouslng inflicts on them one of the cruelest depriva- enracinee de J'inegalite sociale. that you sent. tlons imaginable, denying them, of all things, C'est toujours plus tad/e d'attdbuer le Beth Phinney, MP a home.'' probleme des sans-abri 8: un facteur 6cono- Hamilton Mountain, Ont:ario Similarly, the message given recently by the mique comme la penurie de logements plutot . . . . , Mffiister of Housing for New Brunswick, Peter que de jeter un regard sur soi-meme en tant }e vous rem7rae des feliatati~ns ~e vous m adres Trites when releasing the report by that que sodete qw· delimi.te des oroupespruticuliers s1ez a .Ia sll!te de ma ~~rrunation au poste de . ' . . • b'.' , . secreta1re d'Etat et de rrurustre d'Etat au Multicul- provtnce's task force on housing, reinforced - Jes femmes, Jes mmontes visibles, Jes turalisme et a Ia Citoyennete. Porter's ~ews: ''Wi~out adequate, affordable, ~utochotones, Jes families monop~trent.ales, Jes Le Premier ministre m'a fait un grand honneuren and suitable housmg, people cannot be jeunes, !es personnes hand1capees, Jes me confiant ces deux portefeuilles, et il me tarde expected to develop to the fullest of their chemeurs, Jes benellciaires de /'aide socia/e - maintenant de relever !es defis qui se presenteront potential. When every day is a question of sur- et Jeur inilige l'une des privations Jes plus dans le cadre de mes nouvelles functions. Votre appui vival, of choices between such basics as eating cmelles imaginables en Jeur refusant un toit. co~tribuera a rendre ma ta.che des pl~ faciles, e:je and heating, there is little or no possibility of De la meme fa9on, le message transmis su1s co~~in~ 9u·e:isernble n~us. ?myerons a creer staying healthy, planning ahead, learning new recemment par le ministre du Logement du unesoaete~.vis~apromouvorrlegaureetaassurer skills or providing a stimulating environment Nouveau-Brunswick M. Peter Trites en Ia ple~e partictpanon de tous. les _canadie~. Je vous •- . , , ' . ' remeroe egalement de m'avorr fa1t parverur la revue for one's children. annon9ant Jes condus1ons du rapport du Habit:atlon canadienne. The right to housing is one of the principles Groupe d'etude sur le logement de sa province, put forward by CHRA and other Canadian a renforce le point de vue exprime par M. Gerry \>\einer organizations as part of the Election Agenda Porter: Sans un /ogement convenable et aprlx Le Secretaire d'Erat du canada for Canadian Housing during last year's fed- abordable, /esgensne peuvent developperleur fo b d h H f c eral election. The right to housing is an impor- plein potentiel. Lorsque chaque jour est une Be. re elnd~ e1 ecte. '° tl e lin?cusseanod ?vemmal~:~~1 "A H · "th · d · , .• · d ~" ts wasmvove1 mmurucpa1 po , 1 .. ~. tant el ement of ccess to ousrng, e quesnon e SUIVle, ue cuorx entre es c:1cmen fought hard for affordable housing. My fight will con- theme of this year's 21st annual symposium aussi fondamentaux que l'alimentation et le tirrue now that I'm in federal politics. in Quebec City. CHRA' s board of dkectors hope chauffage, il est presque impossible de I look forward to working with you over the next this special issue of Canadian Housing con- demeurer en sante, de planifier l'avenir, de four years. tributes to the real acceptance in this country s'epanouir ou de procurer un environnement of the right to housing for all Canadians. stimulant pour ses enfants. Beryl Gallhey, MP Nepean, Ontario Les droit au logement est l'un des principes que l'ACHRU et d'autres organismes canadiens soyez assure que c'est avec interet que j'en ai pris .Peter Smith has been president ofCHRA ant defen du dans le Programme electoral sur connaissance et j'ose esperer que le gouvemement for the past two years and will be turning la question du logement au cours de /'election federal sera sensible a l'importance d'une politique over the helm to his successor in May at federal, /'an demier. Le droit au Jogement est nationale en martere d'habitation. the annual symposium. un element important de l'acces au logement, Je vous reitere que le Patti Liberal du Canada con- r--~---~-~-----~-"---~Ie theme du 21e symposium annuel, qui se sidere comme un droit fondamental pour tousles- , . , , deroulera cette annee a_ Quebec. Le Conseil Canadiens et toutes les canadlennes de pouvoir se ment a ramener ~ette question a! avant-plan. d'administration de l'ACHRU espere que ce loger aun prixraisonnable et d'acceder a la proprtete. !1owtant, fe ~ebat se f?urswt .. Comme le_ numero special d'Habitation canadienne con- ames Rocheleau demontre I article de I economiste Walter tribuera vraiment a faire accepter le droit au Depute de HullcAyhner Block, du Fraser Institute'. tout le mon?e ne. logement pour tout Jes Canadiens et reconnalt pas que Jes humams ont _un dro1t fon- Canadiennes. AB a Member of Parliament from 'Ibronto, I am well damental au /ogement. S1 Jes dro1ts de la per aware of the magnitude of the housing problem, and sonne - sur des questions tres diverses - con I share your concern Ill this area. I look forward to tinuent de susciter un debat au sein de la receiving copies of your magazine, canadian societe, c'est, comme le souligne David Hul Peter Smith est president de /'ACHRU Housing, and to keeping up to date on your views chanski, notre collaborateur special, parce que depuis Jes deux demieres annees et ii on this issue. }'ensemble des droits que nous acceptons en remettra Jes rennes a son successeur en David MacDonald, MP tant que societe contribuent a delinir Jes cri mai au terme du symposium annuel. Rosedale, Ont:ario teres pour le choix de nos politiques. La fai;on dont nous definissons Jes droits de The Right Honourable John N. Turner wishes to la personne au sein de la societe reflete la assure you of the Liberal Party of Canada's continued maniere dont nous, en tant que pays, commitment to a national housing policy ensuring definissons nacre propre moralite. Mais, pour adequate and affordable housing for all Canadians. en arriver au genre de sodete que nous sou Their needs will be vigorously defended in the 34th Parliament. haitons, nous devons examiner ce que nous Thank you for sharing the views and good wishes entendons par la crise d'abordabi/ite du loge of the Canadian Housing and Renewal Association ment, le probleme des sans-abri ainsi que par with the Leader of the Opposition, la repartition et la construction de logements. L 'an demier, !ors du 2oe symposium annuel Judy Wood de notre association, l'un des conferenciers, Director of Correspondence M. Bruce Porter, qui est coordonnateur de /'or- Offlce of the Leader of the Opposition Spring/Printernps 1989, Vol.6, No.1 13 tions who made presentations to the task Appointments N.B.: Atask force force. This group gave us helpful suggestions on how to improve the report for its final member's comments version. Although we became discouraged quickly at During the nine months we have been the beginning of this entire process because working together, members of the housing task of the shocking conditions we encountered force have learned a lot about the living con dally, we eventually became encouraged: ditions of many people in this province, about Underneath all the frustration and despair, their fears and their hopes, about how they there was hope and there was courage. we survive. We have also learned from each other saw first-hand the impact of bad housing; this Tom Yauk, past-president of CHRA about how to listen, how to disagree without is a basic fact that must be recognized and and one of the original members of the being destructive, how to compromise. addressed. We heard people asking not for association, has recently been appointed Our f\rst meeting last May launched us on more hand-outs from the government, but for Commissioner of Housing, Health, and a provincial tour that covered 17 locations more opportunities to earn an income that will Social Services for the City of Winnipeg. in just under six weeks. Wherever we went, enable them to maintain themselves with CHRA wishes Tom well in his new we generally spent the morning and afternoon independence and digrtity. position. in private sessions or visiting food banks, We were overwheimed by the dignity and people's homes, volunteer centres, or special strength with which people are endowed and facilities, being always receptive to last-minute which sustain them in conditions that have to invitations. Usually, there was a public meeting be seen to be believed. ~ in the evening, often followed by informal dis- Our job is done; our report is complete. We . ~ cussions with members of the audience or are satisfied that we have accomplished what ~ among ourselves, which tended to go on into we set out to do. But we know the task force l'.l the night. was just the first step in what must be a con i5 When the tour was completed the end of tinuous effort to enable every person in this June, we began a series of meetings through province to be the best he or she can be. Richard Peddie, formerly the City of which we developed recommendations and Housing is basic to human development. we Toronto's housing development director, came to some conclusions about the form and as individuals cannot forget what we saw and has been appointed the General Manager direction the report would take. We met five heard, so we cannot fade back into our own of Land Development. times, for a total ofabout 10 days, in different lives, never to be heard from again. we see Dr. Peddie assumed his new position on facilities around the province. When a first draft our report as a weapon that we are placing March 16. The association congratulates of the recommendations had been prepared, in the hands of those in a position to use it the immediate past-president on his we spent two days consulting with an advi against poverty, against dependency, against recent appointment. sory group, whose names appear in the report. hopelessness. we trust they will accept its 1------' They are mostly representatives of organiza- direction and its recommendations, which are CANADIAN HOUSING ASSOCIATION CANADIENNE AND RENEWAL D'HABITA TION ET DE ASSOCIATION RENOVATION URBAINE Mark CHRA's 1989 Annual Symposium On Your Calendar! Beautiful, historic Quebec City is the meeting place in 1989 for CHRA's Annual Symposium. Delegates to the three-day event from May 29-31 will be meeting at the Loews Le Concorde Hotel, which is situated near the Plains of Abraham. Access to Housing: A Continuing Involvement is the theme. Workshops and sessions include the following: • supportive housing in your neighbourhood. • developing YIMBY attitudes. • inclusionary mechanisms for affordable housing. • the economics of affordable housing. • income and housing policies. • quality of community life. For more information, please contact CHRA's national office, at (613) 594-3007. 14 canadlan housing habitation canadienne firmly rooted in the common sense and decency of the people who shared their lives lominations CHRA Board of Directors with us. Our role now is to do what we can, The Board of Directors of the Canadian Housing and Renewal Association is individually and collectively, to promote the composed of 15 directors, including nine regional representatives and an execu partnership between the government and all tive, namely the President, First Vice-President, Second Vice-President, Secretary, sectors of society so that we can work together 'Jfeasurer, and immediate Past President (ex-officio). in hannony for the development of this province's human and economic potential. The term of all members of the Board of Directors is one year and terminates at the close of the Annual General Meeting. No member of the board serves as a regional representative for more than three consecutive tenns or in any other Bill Todd, CHRA 's representative from board position for more than two consecutive tenns (except the Treasurer). New Brunswick, served as co-chair ofthat All members of the Board of Directors must be active members in good province's task force on housing, which standing. released its findings Febmaiy 13 (see stoiy on page 68). Canadian Housing Nominations are hereby invited to elect directors of the Board of Directors of the reprints his comments made at the press canadian Housing and Renewal Association. conference where the report was released. Nomination Instructions Only active members in good standing are eligible to nominate and be nominated. candidates for regional representatives must be residents in the area in which they are nominated. Directors completing their term may stand for re-election after a one-year absence from the Board of Directors. Each candidate must be nominated by two active members of the Association. can for contributions Nominations must be signed by the two nominators and by the candidate. Canadian Honsing will be A statement by the candidate not longer than 200 words must accompany the focussing on discrimination in nomination. housing for its Spring 1989 Each member of the Board of Directors shall be elected by a majotity vote of the issue and on housing in eligible members present at the Annual General Meeting. Quebec for its Summer 1989 issue. Copy deadlines are The Board of Directors has appointed a nominating committee composed of the immediate Past-President and two other members of the Association. respectively January 20 and March 15. Contribu The Nominating Committee shall nominate a full slate of executive and regional tions/snggestions/ideas are directors and present these nominees at the Annual General Meeting in Quebec City on May 30, 1989. welcome. Please contact the Editor at (613)594-3007. Nominations, accompanied by a 200-word statement by the candidate, can be mailed or delivered to the CHRA National Office, address below, and must be RECEIVED on or before May 1, 1989. Canadian Housing and Renewal Association, National Office, P.O. Box 3312, Station D, Appel de contributions Ottawa, Ontario Habitadon canadienne se pen KlP 6H8 chera sur la discrimination NOMINATION FORM - CHRA BOARD OF DIRECTORS dans le secteur du logement candidate for Board of Directors pour son numero du printemps 1989 et sur le Iogement au Name Quebec ponr le numero d'ete 1989. vous avez jusqu'au 20 Address Janvier et au 15 mars, respec tivement, pour nous faire par Thi. (Bus.) (Res.) venir vos contributions, vos Electoral Area suggestions ou vos idees. Veuillez communiquer avec Ia Signature redactrice en chef, au (613)594-3007. Nominators Name Name Address Address Signature Signature Spring/Printemps 1989, ~ol.6, No.1 15 .. I cc SS t SI May 28-31, 1989, Quebec City, Quebec • 8:45-10:15 - Plenary I: Access To Housing • 10:30-11:45 ~ Concurrent Forum Sessions A: Using The Law B: Access To Neighbourhoods: Using The Political Process C: Regulating Tenme Conversions • 2:00-3:00 - Concurrent Workshops IA: Supportive Housing Jn Your Neighbourhood: An "Access" Route lB: Developing YlMBY (Yes In My Backyard) Attitudes IC: lncluslonary Mechanisms For A/fordable Housing Tuesday, May 30 • 8:45-10:15 - Plenary II: The Economics Of Affordable Housing • 10:30-12:00 - Concurrent Forum Sessions A: Income And Housing Policies B: Regulatory Reform And Housing Quality C: Can The Private Sector Do lt? • 2:00-3:15 - Concurrent Workshops 2A: Using RRAP/PARCQ Innovatively 28: Housing Rural Canadians: The Flip Side 2C: Homelessness: Concrete Developments 2D/2H: Canada And Third World Shelter • 3:30-4:45 - Concurrent Workshops 2.E:: Residential Rehabilitation 2F: Ailordable Homeownership 2G: Quality 01 Community Lile In Social Housing • 6:00-8:00 - CHRA Annual General Business Meeting Wednesday, 31 • 8:30-10:00 - Plenary Ill: Access To Housing: Who Is Responsible? Views From Different Sectors • 10:15~11:30 - Plenary IV: Access To Housing: Who Is Responsible? Views From Governments • 11:30-12:15 - Wrap-up The 21st Annual Symposium of the Canadian Housing and Renewal Association 16 canadlan housing habitation canadienne cces ' nt '89 28-31mai1989, Quebec {Quebec) • 8h45-10hl5 - Premiere seance piemere - Acces au Iogement • 10h30-llh45 - seances de debat simultanees A - Le droit juridique au logement B - L'acces aux quartiers C - Reglementation de la conversion • 14h-15h - Ateliers simultanes IA - Logements avec services dans les quartiers: une voie «d'accSs» lB - Developper des attitudes «Oui, dans ma cour» 1C - Mecanismes reglementaires d'encourager l'implantation de logements abordables Mardi 30 m.ai L'ASPECT ECONOMIQUE DU LOGEMENT ABORDABLE • 8h45-l Ohl 5 - Deuxi6me seance plt!niere - L 'aspect economique du logement abordable • 10h30-l 2h - Seances de debat simultanees A - Politiques en matiSre de revenus et de Iogement B - Ri:!forme reglementaire et qualite des Iogements C - Le vote du secteur prive? • 2h-3hl5 - Ateliers simultanes 2A: Initiatives municipales en matiere de rehabilitation rfisidentielle 28 - Le logement abordable en mUi~u rural 2C - Les sans-abri: realisations concretes 2D/2H - La scene internationale: les etablissements humains • 3h30-4h45 - Ateliers simultanes 2E - Enjeux de la rehabilitation residentielle 2F - L 'accession a la propriete a coil! abordab/e 2G - La qualite de vie dans le logement social • 6h-8h - Reunion administrative de I'ACHBU mai QUI EST RESPONSABLE? • 8h30-10h - Troisieme seance pleni&re - Acces au logement: qui est responsable? Points de vue du monde du travail, du monde des allaires et du secteur sans but lucratif • 10hl5-llh30 - Quatrieme seance pl&ni&re -Acces au logement: qui est responsable? Poinfs_de vue des gouvernements • llh30-12hl5 - Synlhese Le z1e Symposium annuel de l'Association canadienne d'habitation et de renovation urbaine Spring/Printemps 1989, Vol.6, No.1 17 en Le Conseil d'administration de l'Association canadienne d'habitation et de renovation urbaine est compose de quinze adminis trateurs, dont neuf representants regionaux et un Comite executif, compose du president, du premier vice-president, du deuxieme vice-president, du secretaire, du tresorier et du president sortant (membre d'office). Le mandat des membres du Conseil d'administration est d'un an et il expire au terrne de l'assemblee general annuelle. Aucun membre du Conseil ne peut remplir les fonctions de reprCsentant regional pour plus de trois mandats consecutifs ou tout autre poste du Conseil pour plus de deux mandats consecutifS (fi }'exception du tresorier). Tuus les membres du Conseil d'administration doivent etre des membres actifs en regle. Nous sollicitons par les presentes les declarations de candidature pour les erections au Conseil d'administration de l'Associa tion canadienne d'habitation et de renovation urbaine. Instruction relatives aux dt?c]arations de, c:andldatun: Seu1s les membres en regle peuvent presenter des candidatures ou se declarer candidat. Les candidats et candidates ou poste de representant regional doivent resider dans la region ou leur candidature est presentee. Les administrateurs et administratrices qui terminent leur mandat peuvent se presenter de nouveau apres une absence d'un an au Conseil d'administration. La declaration de candidature de chaque candidat ou candidate doit etre presentee par deux membres actifs de I'Association. Les declarations de candidature doivent etre signees par les deux presentateurs et par le candidat ou la candidate. Un enonce n'excedant pas 200 mots redige par le candidat ou la candidate doit accompagner la declaration de candidature. Les declarations de candidature peuvent etre postees ou livrees au Secretariat de l'ACHRU, 3 l'adresse indiquee ci-apres, et doivent nous parvenir au plus tard le ler mai 1989. Chaque membre du Conseil d'administration sera elu par un vote majoritaire des membres admissibles presents a l'assemblee general annuelle. Le conseil d'administration a institue un comite des candidatures compose du president sortant et de deux autres membres de }'Association. Le Comite des candidatures dressera une liste de candidats et candidates pour chaque poste du Conseil d'administration (Cornite executif et directeurs regionaux), et il presentera ces candidats et candidates a l'assemblee annuelle general, qui se tiendra a Quebec, le 30 mai 1989. Les declarations de candidature, accompagnees d'un enonce de 200 mots, doivent nous parvenir au plus tard le ler mai 1989. Association canadienne d 'habitation et de renovation urbaine Secretariat C.P. 3312, Succursale Norn Adresse Telephone (bureau) (residence) Region Signature Norn Norn Adresse Adresse Signature Signature 18 canadian housing habitation canadienne Office of the Ministry Ministere 777 Bay Street Minister of du Toronto, Ontario MSG 2E5 Bureau du Housing Logement 416/585-7111 Ministre The Government of Ontario recognizes that the attainment of decent, reasonably-priced housing is a fundamental objective of all Canadians. To this end, I strongly support Canadian Housing's special edition theme, "The Right to Housing" intended to mark the United Nations' 40th anniversary of the Universal Declaration of Human Rights. I am optimistic that the Canadian Housing and Renewal Association will continue to be successful in strengthening public awareness of housing issues and concerns in our country: The Ontario Ministry of Housing is committed to ensuring an adequate supply of housing alternatives in the province. By working together to overcome the obstacles, we are finding creative and workable solutions to the housing challenge. Sincerely, C/riwi~ 1/ol~k Chaviva Hosek Minister Spring/Printemps 1989, Vol.6, No.1 19 ---ESSAY The International Legal THE [OAS] AMERICAN Foundations DECLARATION ON THE of the RIGHTS AND DUTIES OF MAN, 1948 Right to Housing The American Declaration on the Rights and Duties of Man by Scott Leckie was adopted by the Ninth International Conference of American States at Bogota in 1948 (Organization of Ameri can States, Resolution XXX, 1948). Article XI states: Abstract Many international covenants and resolutions refer to the right to housing. Every person has While some are not legally binding, the ''repeated afflnnation of housing rights the right to the affords it the status of a legally entrenched guarantee, " writes the author. What preservation of remains is for these "soft" Jaws to be transfonned into "hard" legislation. his health through sanitary and social measures relating to food, clothing, housing, Resume and medical care De nombreuses conventions et resolutions intemationales mentionnent le droit to the extent per au logement. Meme si certaines n 'ant pas une force executoire au yeux de la mitted by public Joi, selon ]'auteur l'aflirrnation repetee du droit au logement Jui accorde le statut and community d'une garantie enchiissee juridiquement. II ne reste qu ·a transformer ces droits abstraits en Jois concretes. resources. 20 canadlan housing habitation canac!Jenne The right to housing is codified in a variety of inter· national legal texts. Some are legally binding while others are declarations of intent. The right to housing is also found in an increasing number of national constitutions. The general provisions found in articles 55 and 56 of the United Nations Charter do not mention the right to housing. These articles, however, require all UN members to accept the legal obligation "to take joint and separate action·· to achieve higher living standards, to promote economic and social development, to seek solutions to international economic, social, and health problems, and to respect human tights. The Universal Declaration ofHuman Rights, adopted by the UN General Assembly in 1948, made the first explicit reference to housing as a fundamental human right. Articie 25(1) states, THE CHARTER OF THE Evezyone has the right to a standard ofliving adequate for the health ORGANIZATION OF and well·being of himself and his family, including food, clothing, AMERICAN STATES, 1948 housing and medical care, and necessazy social services. Jn addition to this direct reference to housing, the rest of article 25(1) makes The OAS Charter was adopted dear that the right to housing includes much more than a roof over one's in Bogota on April 30, 1948. head. Implementation of housing rights requires emphasis to be placed on the physical structure and the elements that tum 'house' into 'home.' Article 31(k) states: Housing must include such attributes as drinking water, sewer facilities, a balanced natural enviromnent, access to credit, land, and building To accelerate materials, as well as the de jure recognition of security of tenure and other their economic related issues. and social Forty years ago, therefore, the Universal Declaration began the process development, in of recognizing housing rights. The rights enshrined in the Universal Declaration became binding legal accordance with obligations in 1966. Article 11 of the International Covenant on Economic, their own Soda!, and CUltural Rights expanded on article 25(1) of the Universal Decla· methods and ration. It further codified the right to housing by providing, procedures and The States Parties to the present Covenant recognize the right of within the frame evezyone to an adequate standard ofliving for himself and his family, work of the including adequate food, clothing, and housing, and to the continuous democratic prin improvement of living conditions. ciples and the The right to housing is also found in other international covenants and agree· institutions of ments. The recently adopted Declaration on the Right to Development, for example, in article 8 provides: inter-American system, the States should undertake, at the national level, all necessmy measures Member States for the realization ofthe right to development and shall ensure, inter alia, equalitj ofopportunity for all in their access to basic resources, agree to dedicate education, health services, food, housing, employment, and the fair every effort to distribution of.income. achieve the fol The housing rights of children are codified in the Declaration on the Rights lowing goals: .. of the Child, principle 4, which provides that ''the child shall have the right (k) adequate to nutrition, housing, recreation, and medical services.'' The Convention housing for all on the Elimination of Racial Discrimination, the most widely ratified inter sectors of the national human rights instrument, also includes the right to housing. Article 5 states that countries agreeing to the Convention will undertake to pro· population. hibit and end raclal discrimination in general and discrimination in the enjoy· ment of many other important rights, including the right to housing. Although article 5 does not create, by itself, an obligation for countries to provide adequate housing for all, it does call for the end to discrimina· tion in any aspect of human settlements. The International Labour Organization's (!LO) recommendation 115of1961 concerning workers' housing, gives extensive coverage of workers' rights to adequate housing. This instrument includes such topics as national housing policy, the housing responsibilities of public authorities, housing provided by employers, financing, housing standards, measures to promote efficiency Jn the building industry, house building, employment stabiliza· tion, and rent policy. While this recommendation contains many important provisions dealing with the issue of workers' housing and assoclated rights, Sprlng/Printemps 1989, Vol.6, No.1 21 THE UNITED NATIONS the International Labour Conference has called on the governing body of the ILO to revise and update this instrument. It does not consider, for INTERNATIONAL example, the applicability of building codes to the urban poor or issues COVENANT ON ECONOMIC, including eviction, illegal settlers, and tenure. Nor does it adequately address SOCIAL, AND CULTURAL the enabling role that governments could take toward realizing housing rtghts. The ILO's convention 117 concerning Basic Aims and Standards of Social RIGHTS, 1966 Policy ( 1962) covers housing in the context of tenancy arrangements and standards ofliving. Article 5 states that ''in ascertaining the minimum stan The lntemadonal covenant on dards of living, account shall be taken of such essential family needs of Economic, Social, and CUltural workers as housing.'· These ILO instruments have not attracted much atten tion. This may change because of the increased interest in the question Rights was adopted and of housing at the !LO. A lengthy resolution adopted at the 73rd session opened for signature, ratifica of the International Labour Conference in 1987 illustrates this changing per tion, and accession by UN spective on the ILO's housing role. General Assembly Resolution Finally, at the international level, the Vancouver Declaration on Human 2200A(XXI) on December 16, Settlements provides the most far-reaching statement of legal questions on housing and related services. Although this declaration, adopted at the UN 1966, and entered into force Conference on Human Settlements {Habitat) held in Vancouver in 1976, on January 3, 1976 (21 U.N. is concerned with the broader realm of human settlements, there are also GAOR, Supp. No. 16, p. 49). clauses relating directly to housing. For instance, in paragraph 8 of section A total of 91 countries have lll, the rtght to housing is reaffirmed by stating, ratified the covenant. Article Adequate shelter and services are a basic human right, which 11(1) states: places an obligation on governments to ensure their attainment by all people, beginning with direct assistance to the least advantaged The States Parties through guided programs of self.help and community action. It adds that ''governments should endeavour to remove all impediments to the present hindering attainment of these goals.'' Here again the question of housing Covenant recog is approached in tenns ofrtghts, with governments the main entity obliged nize the right of to implement them. The central principles of the Vancouver declaration are everyone to an elaborated in four specific respects, quality of life, disadvantaged groups, adequate standard discrimination, and active measures. Each specific area clarifies the con tents of this right and the nature of the obligations that governments have of living for him- in implementing this rtght. self and his The notion of quality of life is the basis for the general ptinciples of this family, including declaration. Ptinciple 1, for example, provides that, adequate food, the improvement of the quality of life of human beings is the first clothing, and and most important objective of evezy human setdement policy. housing and to These policies must fa.cilitate the rapid and continuous improvement in the quality of life of all people, beginning with the satisfaction the continuous of the basic needs of food, shelter, and clean water. improvement of This clause draws the link between the conditions of human settlements living conditions. (including housing) and the qualitative aspects of life so crucial for human The States Parties dignity. The most important provision is principle 8, which relates to social will take mix: ''Of special importance is the elimination of social and racial segrega tion through the creation of better balanced communities, which blend appropriate steps different social groups, occupations, housing, and amenities.'' to ensure the The Vancouver declaration also recommends that countries take positive realization of this action toward improving human settlement conditions. For example, govern right, recognizing ments are urged "to establish human settlement policies leading to a progres to this effect the sive improvement in human well-being.'' Furthermore: · essential impor A human settlement must seek a harmonious integration or co ordination ofa wide variety ofcomponents, in duding, for example, tance of interna- population growth and distribution, employment, shelter, land use, tional infrastructure, and services and that governments must create co-operation mechanisms and institutions to develop and implement such policy. based on free A related recommendation states that ·'the human settlement policies and consent. programs should define and strive for minimum standards of an accept able quality of life." The last guideline stresses that, The international community must constantly refer to these principles and, at the same time, seek new and more effective ways to sup port the self) reliant development of those societies that are strug gling to meet the human settlement challenges facing them. 22 canadlan housing habitation canadienne The Vancouver Declaration on Human Settlements has THE UNITED NATIONS neither lived up to its expectations, nor have many of its standards been INTERNATIONAL implemented. The 1976 Vancouver conference and its declaration were, however, the impetus for the establishment by the United Nations of the CONVENTION ON THE Centre for Human Settlements (Habitat) and for the designation of 1987 ELIMINATION OF RACIAL as the lnternational Year of Shelter for the Homeless. Human settlements around the world, however, have not improved and in many instances have DISCRIMINATION, 1965 worsened. This does not imply a failure on the part of the Vancouver Decla ration on Human Settlements, but illustrates that the implementation of The International Convention any rights, particularly those relating to housing, are contingent on the on the Elimination of Racial priority given them by the governments concerned. It is the lack of initia Discrimination was adopted tive by governments that continues to inhibit the right to housing from becoming a reality for all of the world's inhabitants. and opened for signature and Regional, as opposed to international human rights codes, tend to ignore ratification by United Nations the right to housing. Although this may not be surprising due to the general General Assembly Resolution orientation to civil and political rights by regions, several instruments that 2106A(XX) on December 21, might be expected to contain references to housing rights do not do so. 1965, and entered into force '111e European Social Charter and the African Charter on Human and Peoples' Rights, for example, do not mention housing rights. Neither does the Euro· on January 4, 1969 (660 pean Convention on Human Rights and Fundamental Freedoms. U.N.T.S., p. 1950). A total of Two declarations by the Organization of American States (OAS) do men· 124 countries have ratified the tion housing, yet they are of little significance today. One is the 1948 convention. Article 5(e)(iii) American Declaration on the Rights and Duties of Man, which states in states: article X!o Evezy person has the right to the preservation offus health through In compliance sanitaI)I and social measures relating to food, clothing, housing, and with the fun medical care, to the extent permitted by public and community damental obliga resources. tions laid down in In the other, the 1948 Inter· American Charter of Social Guarantees proclaims article 2 of this that "workers have the right to share in the equitable distribution of the convention, national well-being, by obtaining the necessary food, clothing, and housing States Parties at reasonable prices." In a recent effort to improve these declarations, the Organization of undertake to pro- American States is drafting an Additional Protocol to the American Con hibit and vention on Human Rights. In the first draft of this protocol, finished in 1983, eliminate racial the right to housing was included in two contexts: the right to establish discrimination in a family and the right to an adequate standard ofliving. However, in the all of its forms most recent draft, reference to the right to housing was dropped. This omis sion is bewildering. It is, of course, plausible to assume that the emphasis and to guarantee on the right to work, once realized, would engage the right to housing. the right to Thus, in both a general sense and in the specific contexts of living stan everyone, without dards, development, children's rights, racial discrimination, and labour law, distinction as to the right to housing is found throughout international human rights law. race, colour, or '111e repeated affirmation of housing rights affords it the status of a legally entrenched guarantee. As is the case with many guarantees of economic, national or ethnic social, and cultural rights, however, the theme underlying each of these origin, to equality legal foundations is the gap between their de Jure essence and the degree before the law, to which they are actually promoted, protected, respected, and enforced. notably in the The main task ahead continues to be the search for methods to transform enjoyment of the the extensive soft law related to housing into substantive hard law. following rights: ... (e) Economic, Social, and cul tural Rights in particular .. , (iii) the right to housing. Spring/Printemps 1989, Vol.6, No.1 23 Scott Leckie has written widely on the subject ofhousing rights. A holder of an Countries whose constitutions enshrine the IL.M. in intemational human rights law right to housing !Tom the University of Essex, Leckie is currendy based in Utrecht. He has most recendy carried out legal research on Among those countries whose constitutions contain the right to housing rights for the Habitat Interna adequate housing, in a wide variety of fonnulations, are as tional Coalition, the Netherlands Institute follows: of Human Rights, and the International Institute for Environment and Develop ment in London, England. Leckie was a j'eoples' Republic of Bangladesh North Korea visiting research fellow at the UBC Centre Costa Rica Netherlands for Human Setdements last November Dominican Republic Nicaragua and December. Peoples' Democratic Republic of Islamic Republic of Pakistan Yemen Panama Ecuador Paraguay El Salvador Peru Equatorial Guinea Philippines German Democratic Republic Poland Greece Portugal Guatemala Seychelles Co-operative Republic of Guyana Spain Haiti Turkey Honduras USSR Iran Vietnam Japan Yugoslavia Kampuchea N E W PUBLICATIONS TomCarter,ed.,CMHCandtheBuilding Robert Robson, Selected Sources on Industry: Forty Years of Partnership Northern Housing and Related Com~ (1989), approx. 20pp., Occasional Papers mwlity lnfr...tructure: An Annotated 18, $7.00. Bibliography (1989), approx. 100 pp., Bibliographica 1, $15.00. Robert Robson, ed., The Commuting Al~ ternative: A Contemporary Response Tom Carter, ed., Perspectives on Cana~ to Community Needs in the Resource dian Housing Policy (1989), approx. Sector (1989), approx. 40 pp., Northern 36 pp., Occasional Papers 17, $8.00. Studies 1, $8.00. PLAN CANADA, the Canadian Institure THE PLANNERS NEWSLETTER, now of Planner's (CIP) b~monthly journal, is pub in its 14th year, is published three times per lished by the IUS. It serves as a scholarly year by the IUS on behalf of the Common~ journal, a practitioner's magazine and as the wealth Association of Planners Secretariat. It CIP newsletter. Topics coine from a wide has a circulation of 1,600. The newsletter range of disciplines including community contains items of interest to planners, and planning, urban studies, housing, public those involved in international development. {Xllicy, heritage and urbanisation, The journal Annual subscriptions are: C$20 for individ contains both refereedand non~refereedarti uals, C$25 for institutions, and back issues cles, book reviews, commentaries, abstracts, and single copies are C$7 .50 for individuals INSTITUTE publications, conference listings and other and C$9 for institutions. information. The Institute of Urban Studies also publishes OF URBAN RATES its own quarterly NEWSLETTER and dis Annual Subscription (one volume often issues). tributes it free of charge to approximately CIP members Free Outside Canada 2,600 individuals and institutions. Of this Individual,; C$40 Individuals C$45 number about 2,350 are mailed in North STUDIES America and 250 overseas. The NEWS. Institutions C$45 Institutions C$50 UNIVERSITY OF WINNIPEG Single copies, including back issues: LE'ITER contains information on current community oriented research, development 515 PORTAGE AVENUE CIP Membe 24 canadian housing habitation canadienne FIRST NATIONAL PROPERTY INVESTMENTS LTD. HELPING ALL CANADIANS TO BUILD FOR THE FUTURE FIRST NATIONAL PROPERTY INVESTMENTS HAS BUILT A SOLID REPUTATION IN SERVICE DELIVERY: - interim and permanent financing for the construction of non-profit housing across Canada - quick response and in-depth service to non-profit organizations and resource groups - proven experience and expertise in all aspects of social housing lending STEVEN SMITH PETER COOK VICE-PRESIDENT MANAGER, NON-PROFIT HOUSING 51 EGLINTON AVE. EAST, SUITE 300, TORONTO, ONTARIO M4P 1G7. TEL.: (416) 480-9800 FAX: (416) 480-9777 Spring/Printernps 1989, Vol.6, No.1 25 REPORT Abstract Over 10 years have passed since resolution 321130 was adopted by the United Nations General Assembly, and still the incorporation of social and economic rights - including the right to decent housing - into human rights advocacy and jurisprudence have not been realized. Such exclusion is not justifiable, morally or legally. In this article, the authors advance the case for social and economic rights. Resume Plus de dix ans se sont ecoules depuis que l'Assemblee generale des Nations unies a adopte la resolution 321130, mais ]'integration des droits sociaux et economiques - y compris le droit a un logement convenable - dans la jurispru dence des droits de la personne n 'est toujours pas une realite. Cette exclusion est injustifiable, tant du point de vue moral que juridique. Dans cet article, Jes auteurs se portent a la defence des droits sociaux et economiques. by Havi Echenberg and Bruce Porter In 1977 the United Nations General Yet in canada, more than a decade after separate covenants, the International Assembly adopted resolution 32/130; in the adoption of this resolution, any ade Covenant on Civil and Political Rights and the vote, the United States, the United quate incorporation of social and economic the International Covenant on Economic, Kingdom, and several other ''industrial rights into human rights advocacy and Social, and Cultural Rights. Provisions of democracies" abstained, but canada voted jurisprudence remains, at best, something the former relate to criminal process and in favour of the resolution, which affinns yet to be achieved. Similarly, the use of punishment; freedom of expression, move the following; human rights arguments in social and polit ment, belief, and association; the right to ical advocacy has been largely absent in privacy, liberty, and security of the person; (a) all human rights and fundamental the Canadian experience. and democratic and equality rights. Tue freedoms are indivisible and interdepen The devaluation of social and economic latter covenant recognizes the right to dent; equal attention and urgent con rights comes, in part, from their distinction work; to equal pay for work of equal sideration should be given to the from other human rights. Tue separate value; to form trade unions; to social secu implementation, promotion, and protec International Covenant on Economic, rity and an adequate standard of living, tion of both civil and political, and eco Social, and Cultural Rights was itself a including adequate food, clothing, and nomic, social, and cultural rights; response to the strong opposition from the housing; and the right to health care, edu (b) the full realization of civil and polit U.K., the U.S., and others to the inclusion cation, rest and leisure, and cultural life. ical rights without the enjoyment of of these rights in what was first envisioned Both covenants were adopted by the economic, social, and cultural rights is as a single, legally binding covenant based United Nations General Assembly in 1966 impossible; the achievement of lasting on the 1948 Universal Declaration of and came into force in 1976. When they progress in the implementation of Human Rights. These argued vociferously were ratified by canada in 1976, they human rights is dependent on sound that social and economic rights lack the became legally binding on Canada interna and effective national and international judicial or constitutional status of civil and tionally. Yet, the same government policies of economic and social develop political rights in the industrial democracies proceeded within a few years to draft a ment; and and are, therefore, unenforceable. constitution drawing extensively on the (c) all human rights and fundamental An impasse developed between western Covenant on Civil and Political Rights while !Teedoms of the human person and of and eastern block nations, and the even entirely ignoring social and economic peoples are inalienable. tual compromise was the creation of two rights. Tue latter, apparently, were still seen exclusively as worthy goals of social and economic policy rather than as con This is an excerpt !Tom a forthcoming article in Human Rights Into the 1990s and stitutionally enforceable rights. Beyond, a monograph being published by the University of Ottawa, Human Rights It is impossible, however, to justify such Research and Education Centre. Reprinted with permission. an exclusion of the issues of economic and 26 canadlan housing habitation canadlenne social marginalization from the sphere of from the starting point of equality rights is meeting its obligations under the inter human rights practice. Poor people cannot thwarts the prevailing, more comfortable national covenant. begin to meet their basic needs unless the discourse that defines poverty as a condi But can canadian courts be convinced to deprivation of fundamental freedom and tion to be remedied or treated. As Miller give appropriate weight to international law choice that ofren results both from poverty and Roby wrote in The Future of Inequality and to accept that poverty and homeless and from the provision of services by the in 1970, "Poverty has become the accept ness in an affluent society is a justiciable state is challenged. Poverty is described by able way of discussing the more disturbing inequality? There are, at least, some poor people as an absence of choice, dig issue of inequality' '4 - understanding encouraging signs. Canadian judges have nity, and autonomy as often as it is poverty as inequality repoliticizes it, taking been more than willlng to look to interna described as material need. Ministering to the remedy out of the hands of the admi tional law for guidance in human rights needs, however, is what ''helping'' profes nistering professionals, and returning it to matters, particularly in interpreting the sions are all about. As what poor people the hands of the victims of the injustice. A Charter. 5 Most cases have dealt with civil call the "poverty industry" continues to repoliticized approach such as this con and political rights, but there has been no anoint its own professional class of social fronts human rights jurisprudence with the evidence of any reluctance to consider service workers, housing providers, health deprivations of poverty and economic ine social and economic rights as well. 6 An all care providers, and literacy experts, it quality as issues of fundamental injustice, important distinction between Canadian becomes increasingly tempting for a as discrimination ~ precisely as poor and American considerations of human growing number of us to define poor people have always understood them. rights issues is that, while the Americans people not as they define themselves but have stood virtually alone in the world by rather by the needs to which we minister. refusing to recognize social and economic Instead of challenging this disenfranchise l'luman rights claims, of course, are rights, canada has placed itself firmly on ment of poor people, the human rights themselves administered within a profes the side of the international consensus by movement has promoted it by polarizing sionalized and appropriating bureaucratic ratifying both international covenants and the issues of material need and freedom of structure, with intake procedures that are by consistently voting at the United choice, overemphasizing the distinction almost entirely inaccessible to anyone Nations General Assembly for the inter between economic rights on the one hand lacking literacy skills and personal dependence of rights as articulated in reso and civil rights on the other. resources. The system has an individual lution 32/130 and in many other instru The challenge, then, is not to recognize istic basis that is isolating at best and fre ments. Thus, international human rights social and economic rights as they have quently quite abusive of poor people. instruments are often more appropriate and been traditionally defined and segregated, However, the value of reclaiming the com reliable sources of human rights jurispru but rather to enable their claimants to plaint process is great enough to warrant dence than American case-law, and, as redefine these rights so that they are incor making every effort to overcome the bar Canadian judges tum increasingly to those porated into the work of the human rights riers imposed by the current processes. A sources, it may become difficult to main movement in such a way as to give full human rights complaint can be a tain any traditional segregation of social voice to a previously excluded consti politicizing document rather than a and economic rights from the civil, polit tuency. That voice may well be "a dif bureaucratic and legalistic appropriation of ical, and equality rights entrenched in the ferent voice,'' as carol Gilligan describes rights, which, even in the classical notion Charter. women· s articulation of rights, finding of rights, belong to the claimant. There is Although the Canadian Chaner is not among the women in her study an a powerful narrative movement in a human considered ''implementing legislation,'' emphasis on the complex "web" of rights complaint, starting with a personal which would make the ratified covenants human relationships as opposed to the story of discrimination, which can be binding domestically, it is, nevertheless, individuation and autonomy emphasized by documented in accessible language in the the all-important link between the interna the men, a recognition of the importance words of the rights claimants themselves, tional nonns and provincial and federal of care and responsibility entailed in rights and culminating with the claiming of legislation. Chief justice Dickson of the rather than the idea of fairness in the rules equality rights belonging to all members of Supreme Court of Canada stated in an of a competitive game. 1 Others have sug the group to which the claimant belongs. important dissenting judgement on the gested that what Gilligan finds in women Social and economic rights can be interpretation of the freedom of association may be characteristic of the voice of sup claimed directly by invoking appropriate guaranteed under the Charter that "the pressed and powerless groups in general. 2 provisions of the Universal Declaration and Charter should generally be presumed to Certainly, claimants of social and economic the International Covenant on Economic, provide protection at least as great as that rights will be served only by a politicized Social, and cultural Rights. Every province afforded by similar provisions in interna human rights advocacy, which in tum undertook to comply with the covenant in tional human rights documents that Canada serves political struggles in what Elizabeth areas of provincial jurisdiction when it was has ratified. " 7 Schneider describes as a ''dialectic of rights ratified in 1976. Provincial human rights The increasing number of homeless and and politics. " 3 The point is not to have protections must, therefore, be interpreted hungry people in the midst of economic human rights lawyers take over poor in the most expansive way to prohibit any prosperity in Canada are living witness to peoples' movements or to impart more discrimination or restrictions that result in the serious violation of social and eco authority to the courts in social and polit denying access to adequate food, clothing, nomic rights, since they demonstrate our ical matters, but rather to develop routes housing, health, or education to any failure to achieve "progressively the full of access to any sources of power and groups or individuals. Anything less is a realization of the rights recognized in the legitimization that will enable poor people failure to comply with the social and eco . . . Covenant to the maximum of [our] to be heard and to meet their own needs. nomic rights guaranteed in the international available resources.' '8 For a government of One organization that has articulated this covenant and can be challenged as such - so wealthy a country to renege on its approach, the Ottawa Council for Low politically, publicly, and judicially. Although binding international commitment to Income Support Services, a few years ago there is no avenue for individual com honour "the fundamental right of everyone produced a button that read: "POVERTY plaints to be heard under the Covenant on to be free from hunger," particularly when STOPS EQUALITY. EQUALITY STOPS Economic, Social, and Cultural Rights as this problem could be solved so much POVERTY.·· Their words point the way to there is under the Covenant on Civil and more easily here than in other countries, is a reintegrated approach to social and eco Political Rights, non-compliance can be a national disgrace. In the area of housing, nomic rights within human rights advocacy brought to public attention both nationally as well, the conspicuous failure to and to an appropriate ''dialectic of rights and internationally, and the federal govern guarantee access to adequate housing, and politics." The goal, of course, is to ment can be urged to work co-operatively especially for mothers and their children, to eliminate poverty, but approaching poverty with the provinces to ensure that Canada Native people, disabled people, and other Spring/Printemps 1989, Vol.6, No.1 2 7 groups facing widespread discrimination, rightful place in one's community requires results in part from a legislative and a sense of belonging, of being affinned NOTES regulatory inaction by the government that by the community in an inclusive way. is quite remarkable by international Property, on the other hand, has to do 1carol Gilligan, In a Different Voice: Psycho standards. with the ability to keep other people out. logical Theozy and Women's Development When rights are articulated in tenns of (Harvard University Press: Cambridge, 1982). property, they become exclusive rather In Canada, 96 per cent of housing is than inclusive in both their application and For an excellent discussion of the implication provided by the private sector, so that their effect. of Gilligan's analysis for rights advocacy see ensuring equitable distribution necessarily Elizabeth M. Schneider, ''The Dialectic of We believe that rights should have as Rights and Politics: Perspectives from the involves regulating how the private sector their starting point a claiming of place allocates units. That job has fallen Women's Movement," 61 New York Univer within a community and that it is the sity Law Review 589 (1986). primarily on the provinces, which have the essence of human rights to oppose the ten responsibility of ensuring, predominantly dency to exclude. But the claiming of place 2Elizabeth Schnelder provides a useful sum through human rights legislation, a non can be distorted. When it is translated into mary of the responses to and elaboration of discriminatory allocation of housing. Yet, the language of a legal system, which Gilligan's work in ''The Dialect of Rights and the provinces have failed to stop privileges exclusion over inclusion, property Politics: Perspectives from the Women's Move widespread discriminatory practices that are over place, rights are articulated as their ment," op.dt.f.n. 140, pp.616-17. unheard of in most parts of the world. The opposite, tied to higher authority rather 3 majority of provinces still allow restrictions Schneider, "The Dialect of Rights and than social-movements, and protecting Politics," op.cit. preventing families with children from property from encroachment rather than acquiring accommodation, despite the marginalized people from exclusion. A 4s.M. Miller and P.A. Roby, The Future of strong protections for mothers and families claiming of place by excluded constituen InequaJity(NewYork' Basic Books, 1970) p.3, with children in international human rights quoted in Hilda Scott, Working Your Way to 9 cies brings rights back to where they law. Only Quebec, where discrimination belong. the Bottom: The Feminization of Poverty on the ground of ''social condition'· is pro While the social and economic rights (London, Pandora Press, 1984) p.11 hibited, has legislated any protection from movement is now in its nascency, it may 5 discrimination on the basis of level of john Claydon, ''The Use of International appear in a few years, in retrospect, to be Human Rights Law to Interpret Canada's income. People are routinely denied access reminiscent of earlier political and civil to adequate housing in Canada simply Charter of Rights and Freedoms,'' Connecticut rights movements. Those movements crys foumal oflntemadonal Law Volume 2(2) 1987. because they have a lower income, no tallized when rights merged with social and credit rating, or would be sharing accom political movements, when segregation was Usee, for example, International Fund for modation with others. We have accepted a challenged by women entering the voting Animal Welfare lnc., Best and Davies v. housing delivery system that excludes place that had been declared the property canada (Minister of Fisheries and Oceans) et families and poor people for no other of men, or black people marching together al., Federal Court of Appeal (Mahoney, reason than that landlords consider them Hugessen, and MacGuigan, JJ. [April 19, or sometimes walking alone into places 1988] 83 N.R. 315 at 26. ''undesirable tenants,'' a system that restricted to whites only. Social and eco forces over 100,000 people a year to sleep nomic rights are relatively new, but there in hostels, bus shelters, or parks while 7Re. Public Serv. Employees Relations Act is really nothing so new about them. They (Alta.), Labour Relations Act, and Police there are 32 unused bedrooms for each have a similar constituency, advancing a Officers !. S.C.R. 313 at 349 D.L.R. (4th) 161 one in underused existing housing stock, not-unfamiliar claim - but they are being at 185. John Claydon has pointed out it is sig often held for investment purposes. This claimed in a vital and different voice. nifi.cant that the rnajoritY did not address the would be totally unacceptable in most international law in this case, so there was no other countries in the world, yet here we expressed disagreement on the issue of its remain relatively complacent about it. relevance tO interpreting the Charter. Social and economic rights must begin to Havi Echenberg, who worked tirelessly for the 8 constitute a movement to challenge this Canadian Conference to observe the Interna Jntemational Covenant on EconorrHc, Sodal, kind of complacency. It must be both a tional Year of Shelter for the Homeless, is and Cultural Rights, Article 2(1) executive director of the Ottawa-based national and international movement incor 9Article 10 of the International Covenant on porating political, social, and judicial National Anti-Poverty Organization. Economic, Social, and CUltural Rights states activity. The idea of movement is built into that< the legal definition of such rights as being Bruce Porter works for the Centre for Equality The States Parties to the present Covenant "progressively realized," and legal rights Rights in Accommodation, located in Toronto. recognize that: 1. The widest possible pro~ are only validated if they are sustained by tection and assistance should be accorded a social and political movement that articu to the family, which is the natural and fun· lates their meaning and enforces them damental group unit of society, particularly through public consensus. Because no for its establlshment and while it is respon sible for the care and education of depen higher authority will step in and force us dent children. to eliminate poverty, hunger, and home lessness in Canada, these rights are legally binding by good faith only. There are no police or courts to enforce them unilaterally. A movement, of course, is based in its constituents; the constituency of social and economic rights consists of those who have been excluded from the enjoyment of any meaningful participation in the commu nity's social, economic, and cultural life. The movement ls a claiming of place by those groups and peoples. Thus, social and economic rights rest in a concept of place, not in a notion of property. Having a 28 canadian housing habitation canadlenne ever before has such an intense international effort been made to achieve a single goal. And it's pay ing off. Universal immunization, once believed impossible, is now becom ing a reality. A huge global undertaking, the program is saving children in every corner of the developing world from the six leading communicable diseases that needlessly kill or permanently disable more than seven million every year. Canada's role? We are proudly contrib uting to this extraordinary endeavour through Canada's International Immuni zation Program, part of a unique world wide network involving more than 80 other countries in Africa, Europe, North America and the Pacific. Managed by the Canadian Public Health Association and funded by the Canadian government, the program is a story of exceptional teamwork - 18 vol untary organizations and thousands of individuals all working together to help inoculate the world's children by 1990. Progress has been amazing. just ten years ago, less than ten percent of Third World children were immunized. Today, 50 percent have already received the gill of life. When 3,000 children are given hope and a future every day, it's truly a miracle in the making. For more Information, contact: Canadian Public Health Association 1565 Carling Avenue, Suite 400 OTTAWA, CanadaK1Z8Rl Telephone: (613) 725-3769 Telefax: (613) 725-9826 Canadian Public Health Association Spring/Prlntemps 1989, Vol.6, No.1 29 OPINION NOT a Basic by Walter Block Abstract The right to housing, argues the author, implies an obligation on the part of other people to provide it. Such so-called "positive" rights - unlike the tradi tional "negative" rights, which call for people to refrain, cease, and desist - have nothing at all to do with rights. Rather, they are a disguised demand for wealth. Risume Le droit au Jogement, soudent !'auteur, sous-entend que Jes autres membres de la societe ant une obligation de pourvoir des logements. Ces droits que ]'on qualifie de positifs - contrairement aux drafts negatits tradidonnels, qui deman dent aux gens de s'abstenir, de cesser et de renoncer - n 'ant rien a voir avec des droits. Ils constituent plut6t une demande dt!guisee ppur la richesse. 11 rights have corresponding obliga people to refrain, to cease and desist, to orgasms, and meaningful relationships. If tions. If I have a right to property, you avoid certain aggressive behaviour. But this were only an emphasis of everyone's have an obligation to refrain from stealing they impose no positive obligations what right to seek happiness in whatever it or trespassing on it. If you have an soever. Rights such as these, the rights to manner chosen, provided no one else's inviolable right in your person, I, and person and property, have been rights were infringed in the process, it everyone else, have an obligation to leave acknowledged since time immemorial. They would be unobjectionable. Indeed, this is you unmolested. Note that these are nega are at the core of the Magna cartas, the the essence of the right to person and tive rights. They make it incumbent on constitutions, and the principles of all property. But something quite different is western democracies; they are, indeed, the meant by those who hold, for example, very backbone of western civilization. that housing is a basic human right. What Reprinted, with permission of the Of late, however, a new type of "right" is claimed here is not the right to be left author, from W. Block and E. Olsen, has arisen. Widely trumpeted, these alone, free to build, buy, or rent whatever Rent Control: Myths and Realities include a claim to everything from a shelter one can afford. Now demanded is a (Vancouver: The Fraser Institute, "decent" level of clothing, food, housing, right to housing implies an obligation on 1981) pp. 300-302. and medical care to rock music, sexual the part of other people to provide it. This 30 canadlan housing habitation canadlenne claim, in other words, is for a so-called human needs as rights really amounts to a positive right, not the negative rights of demand for absolute income equality. And Walter Block is the senior economist at classical origin. But what is actually at the situation is even worse. For there is the Vancouver-based Fraser'Institute. Dr. stake here has nothing to do with rights at nothing in the logic of the argument to Block has published numerous articles in all. On the contrary, it is a disguised and prevent the demand for equal intelligency, newspapers, magazines, and business therefore quite insidious demand for equal beauty, equal athletic and sexual journals and is the author of five books wealth. In the case of rights, proper, all prowess, and even equal happiness, if on topics related to economics and public that is required of outsiders is non these things could somehow be policy issues. interference; but in this fraudulent case, accomplished. there is an unwarranted claim for a myriad No. We must reject this claim, and with of material goods and services. it the moral swamp it necessarily leads to. We must question, moreover, the relevance of this claim. For even were it correct, it could not justify rent control - the provi sion of a housing subsidy to rich and poor In order to see just how radical a depar tenants alike, at the cost not to all society ture are the new positive rights, consider but to one small group, the landlords. the following, Mankind could at one fell swoop, if it were so minded, completely banish all violations of negative rights. All that need be done is for each and everyone of us to resolve not to initiate physical violence or fraud and then act on this basis. But all the agreements in the world would not be sufficient to provide the level of wealth necessary to fulfil our so-called positive rights to health, happi· ness, and so on. There are other grave problems with this contention. First of all, if housing is a MORTGAGE basic right, imposing ethical imperatives upon strangers, then each of us is immoral ~ not only if any of our countrymen are without decent housing, but as long as FINANCING anyone in the world is so lacking. For rights know no national boundaries. If it is morally incumbent on anyone to supply a good or service without contractual agree FOR ment, then this applies to everyone. Another logical implication is even more insidious. Rights, by their very nature, are NON-PROFITS, CO-OPS egalitarian. It is clear that all of us, rich or poor, old or young, have equal (negative) AND rights, We are all equal in that, for example, murder committed on any inno cent person is wrong, and to the identical RITIREMENT HOMES degree. The mass murderer is guilty of the same immorality in each of the specific CONTACT: GREG PLAYFORD acts he/she perpetrates. IC Funding Corporation 131 Wharncliffe Road South, If positive claims are also rights, then London, Ontario, Canada. N6J 2K4 people must not only have a right (519) 667-5746 Toll free: 1-800-265-1679 to decent shelter but to an absolutely equal share of the world's housing. Since there is no logical stopping place for positive rights A Drv1s10N OF #(nuufrnmfGenfre FINANCrAL GROUP !Ne. (If housing, why not medical care? If med· ical care, why not clothing? If clothing, why not recreation?), the claim of basic Sprlng/Printemps 1989, Vol.6, No.1 31 COMMENTARY ' Approach by David Baxter The reason for introducing the perspec considered in the contemplation of any the subject of what human rights should tive of economics into the discussion of policy or program intended to assist in the be, economists (of all political stripes) are human rights is that economics can offer achievement of human rights goals. most certainly not. Because so much of valuable insights on the process that may Having said that economics may have a what is involved in achieving human rights be used to assist in achieving human rights fundamental role in the discussion of how goals affects or involves economic goals. The discipline of economics is con to achieve human rights goals, it is impor mechanisms, there is a tendency to give cerned with the mechanisms by which the tant to say that the study of economics is much greater weight to what an economist resources in a society are allocated to alter silent on the subject of what human rights has to say about what human rights are or native uses and users, that is, with the are or should be. In any discussion of should be than to what a mechanic, cook, study of the process of production, distri either human rights or economics, it is hospital worker, or unemployed person has bution and consumption of goods and essential to keep clearly in mind that eco to say. This is unfortunate because, services within societies. As preseivation or nomics deals with the mechanics of the although economists may be expert on the enhancement of human rights invariably allocation of resources to alternative uses, role of economic mechanisms that may be involves use of a society's resources and not with what rtghts should be accorded to used in the pursuit of human rights goals, hence affects (and is affected by) resource people in a society. their opinions on what human rights are or allocation, economic processes should be If the discipline of economics is silent on should be are of no lesser or greater value than the opinions of any other human being. sources Abstract While it is interesting to speculate on The right granted by the "community" that people have access to sufflcient some concept of an absolute, innate, resources to survive with dignity is not an imperative that all people must have universal, natural, invariable, God-given set an equal standard of living. What this suggests, writes the author, is that of human rights, in the real world of people have the right to enough resources to obtain adequate housing. They do everyday life, human rights are the rights not have a right to housing. that members of society confer upon them selves. They are the rights that a collec tivity of human beings decide to accord to Risume each other, and that are enforced by the institutions of that community. This is my Le droit communautaire voulant que tout le monde ait acces a des ressources suflisantes pour vivre avec dignite ne signifie pas que tout le monde doit avoir pragmatic point of view, that human rights droit a un niveau de vie egal. Ce qu'il sous-tend, ecrit ]'auteur. c'est que tout le are, essentially, defined and enforced by monde a droit a des ressources suflisantes pour acquerir un Jogement con the political system in which a person lives. venable. I1 ne signifie pas que tout le monde a droit un logement. It is humanity - or lack thereof - that a defines our human rights. Accepting this framework, every human opinion on human rights has equal value 32 canadian housing habitation canadienne (but perhaps not equal political force), and personal opinions) ·of what each person education, clothing, and the like are pur every human being is equally expert on needs to exist. The standards can be chased with this income. If people are to what human rights should be. Through the deterrnlned oniy by the community's live with dignity and freedom, then their political process, whatever it may be, and political process. community must accord them the means of for better or worse, individual opinions on There are no easy ways to articulate acquiring a sufficient share of its resources what human rights should be become the these community goals: The polarity of the to achieve the community's standard but effective rights in the community. extreme political and economic right and leave them the choice of what to purchase. Once the community has defined what left, as has been demonstrated repeatedly One has the right to enough resources to human rights are going to be, then the var over the past century, does not help obtain adequate housing (as defined by the ious groups of technicians in the society (except, perhaps, by defining the community) but the freedom not to buy it (lawyers, community workers, economists, extremes), as such fundamentalism requires if other goals are more important. nutritionists, administrators) can assist in a simple world, and the human world is far This is certainly consistent with the determining how the exercise of these from simple. Universal Declaration of Human Rights, rights can best be ensured. In this frame Once the community has defined the which states that people have the right to work, these experts assist the community standards and if the community also a standard of Jiving adequate for health in doing what it wants to do rather than attaches a value to freedom of the and well-being and then lists some of the telling the community what it should do. individual, then market economics offers a things that a person would see as being There is an unfortunate tendency for the great deal of insight into how to implement part of an adequate standard ofliving. personal opinions of economists on what goals for standards of living and human However, nowhere does this declaration human rights goals should be to be con rights. The theme of market economics in state that there is a right to housing fused with their technical opinions on how this context is the decentralization of (although one frequently sees attempts to to achieve goals using economic power, in all of its dimensions, including impose this interpretation on the mechanisms. As we all want to see our economic and political power, to the level declaration). opinions become the norm, there is also a of the individual, and making sure that the The "redistribution of income and the natural tendency for economists, of the individual can make their own, free choices freedom of choice of how to spend this political left, right, and centre, to exploit with this power. income'' approach is concerned with this confusion. One exarriple of a confusion The concept of decentralization of power solving problems rather than symptoms: It of economic principles with the opinions of is fundamental to the working of free is widely acknowledged that the central economists lies with the work of various markets. For a market to work to ensure cause of inadequate shelter and homeless "free market" economic lobby organiza that a community's resources are put to ness is poverty. The market economic tions. The oft-held perception of these the most efficient (least costly) use, a argument is to attack poverty directly, by organizations, usually based on reputation number of conditions must prevail in the giving people enough money to eliminate and notoriety rather than examination of market. First, there must be, in every poverty and letting them decide how much their work, is that they are "against" market, a large number of parties, each housing to consume rather than providing human rights. Such is not the case: Rather with relatively little power compared to the housing and forcing people to live in it they simply have their own opinion of overall size of the market so that none has but not having access to the income that what human rights are and use the logic of sufficient power to affect others or the it represents. economics in an attempt to support their market. Each market participant must act The "right to housing" approach focuses opinions. independently, pursuing their own goals, on the provision of housing, requiring that acting freely and without interference, coer people consume the provided goods to cion, or the threat thereof. These people exercise their right to a standard of living. must be equally and well informed about In this later case, one group of people In this introduction, I will briefly consider market conditions. Finally, the community determines what goods and services other how economists can contribute to the dis must be organized to intervene into other people must consume to have an adequate cussion of human rights, including the right wise private matters to ensure that these standard of living and then provides these to a dignified physical existence with conditions prevail. commodities (but not others) to ensure that freedom. It is in the area of freedom that The underlying concept from these condi standards are met. This is a fundamental economics and economists, can and do tions is that people must be free to act, so denial of the freedom of choice. offer much assistance once there is agree that individual freedom is the basis of The "subsidize the unit" approach misal ment that there are rights to live to some market economics. This right to freedom locates our resources (as people will have community defined standard. can only be matched with the right to that to consume more housing and less of some In the case of physical existence, the share of the community's resources neces other commodity, such as education, than standard is usually measured as a standard sary to survive if people have the income they might otheiwise choose), it is expen of living, the right to have access to suffi to buy the community defined standard of sive (as a hidden cost of the actual cient of the community's resources to exist living and the freedom to spend this housing is the cost to administer and police to a certain level. Economics and income according to their own objectives. the right), and it reflects a fundamental economists cannot help us in any way to It is freedom of choice that leads directly distrust of the recipients of the benefits. deterrnlne what an adequate standard for to the conclusion that there is not a right It is this last point that is particularly dis human existence in a community should to housing, or to any other specific com turbing, as it is an expression that in order be. The profession cannot offer even a modity, but rather a right to the income to to benefit from programs intended to professional suggestion (although all of its acquire an adequate standard of living and ensure one's rights, one is treated like a members will be more than ready to offer the freedom to choose how much housing, child - not given the money to acquire the Spring/Prlntemps 1989, Voi.6, No.1 33 goods like the rest of society but given the commodity, and in the case of housing, not even given the commodity but merely given the use of it. Those who are advo cates of commodity specific rights and sub sidies at best do not trust other people to act in their own best interest and at worst either enjoy controlling other people's lives ...~·ic,'\" ".. or have a vested interest in doing so. Rights are what one gets from one's com munity as the result of political action. +;.. C)~ What they are will change from time to time and place to place. Rights will always be to some extent limited, the limits imposed by the community to ensure that For Private & Municipal one person exercising their rights does not do harm to others. just as the right to free Non-Profit and Co-operative speech does not include the right to yell "fire" in a crowded theatre, so the right to Housing Proiects. determine how to spend one's own income does not include the right to let other Family Group's specialized members of the community starve. The community gives to us, with our rights, the Non-Profit Housing restriction that they will be limited to pro tect the community, to protect ourselves Department has experience and others. That the community granted the right to have access to sufficient and expertise with Federal resources to survive with dignity cannot be & Provincial Housing interpreted as an imperative that all must have an "equal" standard ofliving, but Programs providing... rather that all have an equal right to the community defined level of sufficiency. If we can keep in mind the goal of • ~:;,e~aJ.~f;~}~!~~S freedom, but freedom with the dignity of an adequate standard of living through • Construction Financing redistribution of income, when we lobby for Best Rate - fixed or floating below Bank prime. the rights we think evetyone should have, we will probably never attain the best solu tion but will hopefully get close to the least • Fast & Efficient Advances worst one. Given that many questions on For all construction draws & disbursements. human rights are concerned with people's share of a community's resources, an •No Fees understanding of the mechanisms of micro economics (distinctly different from the • CMHC Experienced opinions of economists, including the CMHC approved correspondents. author of this article) will be a significant part of finding acceptable solutions. Assistance with project planning, submissions and applications available. • Flexible Solicitor Policies David Baxter is a principal of Urban Pacific Financial Corporation, a Vancouver-based !inn providing inter mediary services in the financing, refinancing, acquisition, and sale ofreal estate. Active in the real estate industry for over 15 years, Baxter has focused on Call or write Jane Priamo - Commercial the financing and development of com mercial real estate and the analysis of Mortgage Representative - Social project and market economics. He carried Housing for further information and a out undergraduate studies at the Univer copy of our brochure. sity ofAlberta and graduate studies at the In Ontario: 1-800-265-1536 Universtiy of British Columbia and has taughtgraduate, WJdeigraduate, diploma, Outside Ontario: Collect (519) 673-0781 and licensing courses in the Faculty of Head Office: 781 Richmond Street, Commerce and Business Administration London, Ontario (UBC). He made these comments at a N6A3H4 seminar on housing rights last December, organized by the Centre for Human Set dements. 34 canadlan housing habitation canadlenne VIEWPOINT by Leslie Robinson Although women have traditionally been the primary consumers of housing housing network. The committee can be as housec/eaners, cooks, and child-rearers, they have been deprived of the contacted at: 720 Spadina Avenue, Suite right to a/fordable and adeqUilte shelter and of the opportunity to be 410, Toronto, Ontario MSS 2T9; (416) involved in the design, management, and financing of housing. The right to 926-9822. housing is one issue being pursued by the National Action Committee on the Status for Women. Leslie Robinson is a member of the NAC Housing Committee and works for Metro Tenants Legal Services in Toronto. Meme si, traditionnellement, Jes femmes ant ete Jes premieres interessees au Jogement a titre de menageres, de cuisinieres et de meres, on Jes a prive du droit a un Jogement convenable et a prix abordable et de ]'occasion de par ticiper a la conception, a la gestion et au financement des logements. Le droit au Jogement est l'une des questions que defend la Comite d'action nationale de la condition feminine. Housing is a women's issue. With less housing that is designed and managed to than two-thirds of what men earn to pay provide both safety and security. for accommodation along with the added The treatment of housing as a commodity responsibility of housing children of has fesulted in a housing market that does SUBSCRIBE TO mother-led families, women are hard hit by not meet the needs of the community. the housing crisis. Thousands of homeless women across Traditionally, women have not been Canada are living in the streets, in hostels involved in the development, financing, and temporary shelter, and doubled-up in design, construction, or management of overcrowded accommodation shared with WOMEN housing. What they have been are primary family and friends. Thousands more are consumers of housing: as housecleaners, trapped in substandard housing, in rental & ENVIRONMENTS cooks, and child-rearers. In essence, housing where superintendents and land find out what women are doing women have traditionally been the centre lords sexually harass them, or in unsatis in of the family's home life - and their home factory, often violent relationships with housing life has been the centre of women's com male partners because there is nowhere community planning munity life. else to go. services But women· s homes have also been the The Housing Committee of the National building blocks for commodities, not for Action Committee on the Status of Women communities. Developers and owners of (NAC) has called for a right to housing. It housing say they need private property is studying the implications of involving 4 issues a year for: rights in order to protect their land women in the development, design, and $15 individuals development investments and holdings and management of housing as well as in the $25 organizations their management companies. But women call for a right to housing. The committee want a right to housing to ensure they invites women to help develop a call for add $5 overseas have a place in the community: a decent the right to housing that includes consider and appropriate place they can afford to ation of gender, race, and class differences which they have access without being dis and needs. WOMEN ANO ENVIRONMENTS criminated against because they make less In addition, the committee publishes a c/o centre for urban and money than their male counterparts and quarterly newsletter and is currently com community studies come to the rental accommodation with piling a women and housing directory for children in hand. canada. At this year's NAC annual 455 spadina Avenue Women need housing that provides secu meeting, to be held in Ottawa this May, Toronto, Ontario M5S 2G8 rity of tenure so that they can build homes the committee will be sponsoring a work and build communities. Women need shop on building a national women's Spring/Printemps 1989, Vol.6, No.1 35 PERSPECTIVE An Equality Rights Perspective on Canada's Rental Housing Problem by Bruce Porter Abstract It is easier to consider the problem of the Jack of affordable housing as one of supply rather than distribution. But the answer to how to accommodate eveiyone until the end of the century, explains the author, lies in the private and public sectors' ability to address the ''ingrained structure of social inequality. '' Resume Il est plus facile d'envisager le probleme de /'abordabilite des logements comme un probleme de penurie p/utOt que de repartition. Mais, selon /'auteur, la solu tion a la question de trouver un logement a chacun d 'ici la fin du siecle repose sur !'aptitude des secteurs public et prive a faire face a la structure enracinee de /'inegalite sociale. Peter Smith, President of the Canadian Housing and Renewal Association, was once quoted in The Globe and Mail as saying that canada' s affordable housing crisis is a crisis of distribution rather than of supply. "We have enough existing housing in Canada,'' he said, ''to accommodate everyone in the country plus all those who will be born until the end of the century. It's not a crisis of housing supply." We did not pay enough attention to that perspective during the course of our discus sions on homelessness in 198 7. Clearly, our preference has always been to talk about housing supply rather than housing distribution, perhaps because we find it easier to think about solving the problem of scarcity than to address the ingrained 36 canadlan housing habitation canadlenne structure of social inequality. lt is always deprived of liberty and security of person With 96 per cent of the housing in canada easier to blame homelessness on an eco without a hearing. In that sense, the incar in the hands of the private sector, affirma nomic factor, such as housing supply, than ceration of homelessness is -rather more tive action in a portion of four per cent is to look in the mirror and see ourselves as tyrannical than other more obvious forms. not going to equalize things. a society that targets particular groups - women, visible minori What do we know about the ties, native people, single parents, distribution of housing in the private adult young people, the disabled, the sector? The Fair Rental Policy unemployed, social assistance Organization of Ontario commis 'Ne1--1''.'/? 'ht: :;211'' rent recipients - and inflicts on them -n't have; a jot-." sioned a survey to discover who is one of the cruelest deprivations renting the most affordable apart imaginable, denying them, of all ments in Ontario. The group disco things, a home. vered that affordable units are going Those in housing use a catch ~'JO j'Ol.ng. '((_ ) f!J\IC' to high-income tenants while low word for these victims of the une tr; Lw qnssri_ income tenants live in expensive qual distribution of housing. We 'O ''if''ci:ord w0rit buiid a and inadequate apartments. This ··iii°i']~)cha:r ran-;p fm one call them the "hard-to- house." 'cn:mL'. inequity had increased dramatically The phrase suggests somehow it is in just two years in Toronto's tight more difficult to provide housing to market. But the conclusion of this women-led families, visible minori study illustrates how we wear ties, or social assistance recipients blinkers when it comes to distribu - as if they are asking for any tion issues. We might have thing more than anyone else when expected a critical reflection on the they apply for apartments, first tenant selection criteria used by and last month's rent in hand; as landlords or a recommendation for if the problem lies with them rather special seminars for landlords on than with the system that denies human rights legislation and affir them equal treatment. We define mative action. But that's not what their plight, in other words, as one we got. The conclusion was that, if of supply rather than inequity. affordable apartments are not going An exclusively supply-oriented to low-income people, then we discourse can obscure the basic should do away with affordable structure of discrimination that apartments by abolishing rent con detennines who is ''hard-to trols! Once again, it is assumed house." By assuming discrimina housing distribution cannot be tion, it can make us complacent. altered - only supply, and perhaps By making disadvantaged groups income, through rent supplements. the objects of housing and social Affordable rental housing is dis programs, we rarely recognize tributed in the private sector - them as subjects who have the according to employment history, legal right and often the anger and income, marital status, spousal motivation to fight against the income, number of children, and injustice that makes them homeless. credit rating. Landlords select When we simply provide for the according to preference, which needs of victims of discrimination, usually means they aim to house without recognizing them as subjects of those with higher incomes and persecution, what we end up with is social But what can we do other than provide white, heterosexual, childless mar- control rather than empowerment. Take more housing? How do you take a whole ried couples with no disabilities and shelters as an example. We call them by a society to court to challenge a system that a good credit rating. name that suggests that we are simply disadvantages, disempowers, and disenfran Suppose you are a single rriOthet providing for the physical needs of the chises single mothers, visible minorities, the on social assistance. After much homeless - walls and a roof to protect disabled, native people? These are questions searching, you may find a place people from the weather. But go into a we have to start asking ourselves: How is where you pay an exorbitant rent for com shelter, and you will see that it is something housing distributed and managed; how does pletely unacceptable accommodation. It will quite different. The walls are actually con that system disadvantage particular groups; be unhealthy and unsafe; you will be shar tinuous bulletin boards, and prominently and what remedies are available? ing facilities with people you don· t trust: posted is an elaborate system of rules and We should not stop addressing the you will fear for your children: and you may regulations. A rigid schedule governs when housing crisis through supply. There is a be sexually harassed by your landlord or you can sleep, eat, and go out. Medication crisis of supply of available, affordable superintendent, who will say he did you the and personal effects are administered by housing, accessible housing, decent family favour of renting you the place and expects staff. One shelter for young women in housing, and we have to provide more of it. the favour to be returned. Toronto requires that the residents wear We have to target more effectively supply This is the nonn, and we have not been pajamas 24 hours a day to discourage them and subsidies to disadvantaged groups, and doing a thing to change it. We have had from running away. to some extent, we have to use housing human rights legislation in most provinces In other comparable forms of institutionali programs to address inequities created out to challenge much of what is happening, zation, at least some provision is made for side housing distribution, in employment but have done little with it. Where good legal rights and judicial process. But nothing and in the nuclear family. legislation is lacking, housing activists like this is provided for the prisoners of But housing, too, has become a dominant have paid little attention to equality homelessness. They are not advised of their motor of inequality. It is housing, in today's rights, and equality rights activists largely rights or provided with legal representation economy, that so often makes the rich ignored housing. to challenge the inequities that deny them richer and the poor poorer and that Landlords, on the whole, are far more housing. They have already been privileges men at the expense of women. ignorant and contemptuous of human rights Spring/Printemps 1989, Vol.6, No.1 3 7 legislation than are employers, but this is Most important among the changes will be mainly because they have never been the increasing recognition of what we call challenged as employers have been. systemic, constructive, or adverse-impact Human rights commissions deal inade discrimination. This brings within the pur· quately with discrimination in housing. view of human rights legislation or the Ontario was typical of prevailing attitudes in Charter anything in the distribution or provi· Canada when it set up its human rights sion of housing that disadvantages or commission under the Ministry of Labour. creates an adverse impact on particular The provincial act is largely written with groups. Essentially, it means that the entire employment in mind. It establishes, for question of distribution inequities can now example, what questions may be asked of be addressed as discrimination issues. an applicant for employment, but it is silent The courts have made it clear that dis· on applications for accommodation, leaving crimination under the law need not be mali us in limbo about what is and is not legal. cious and, in the landmark O'Malley deci· Discrimination on the grounds of family sion of 1985, the Supreme Court of Canada status was always prohibited in employ· followed case-law from other countries in ment, services, and associations, but where establishing that intent is not an issue in it really matters, in accommodation, an discriminaiton. The effect of an action or a exemption for adult-only apartments was policy, even if unintended, is what counts. allowed up to 1986, when it was repealed only after sustained pressure from a multi A II this has made discrimination less of tude of women with children. a moral question and more of an evolving When enforcing legislation, the media· social question. Human rights is beginning tional approach used in employment often to deal with the fact that moral victories of does not work in housing complaints where civil rights or suffrage have not translated an apartment will be rented within a matter into social or economic equality. Now we of hours. Here, justice delayed is justice start not with whether or not an action or denied. Victims of discrimination in housing, policy seems on the face of it morally wrong without a union person or lawyer to or discriminatoiy but with its effect on dis represent them, are confronted with a com advantaged groups. If the act creates ine· plex bureaucratic procedure that would quality, then it is discriminatory. Only at frighten off even the most confident and this point is the respondent's (landlord's) literate complainant. point of view and whether or not the dis The predictable result is that the Ontario crimination can be justified as reasonable is Human Rights Commission has spent about considered. In evaluating this, the assump 90 per cent of its time and resources on tion is made that the respondent has a duty employment ·related complaints and about to accommodate the needs of the disadvan· eight per cent on accommodation. Settle taged person or group, in question as long ments in accommodation cases are abys as it does not involve undue hardship to do mally low. Cash awards are three times so. more frequent in employment cases, and on I do not foresee many of the current average five times higher. Even without all tenant selection processes withstanding this of these biases against equality rights in type of challenge. Where income and afford· housing, it would still be tougher to combat ability criteria are used to exclude lower discrimination in the area of accommodation income people from affordable apartments, I than elsewhere. Liberal tolerance never am confident they will be struck down as seems to extend quite so far as to the discriminatory against virtually every group person living next door. However, we protected under human rights codes and the cannot afford to be defeatist or flippant Charter. Affordability criteria exclude about human rights in housing. The price is anyone on social assistance from just about too high. Human rights commissions will every apartment in the market and have an only become more aware of housing issues obvious adverse impact on women who when they start hearing more from com earn 60 per cent of what men earn, unat plainants and advocates. There is a lot to be tached individuals who have to compete gained for the complainant. Blatant discrimi· with household incomes, youth, the elderly, nation makes proving it that much easier. the disabled and the most needy in general. Sometimes a call from a human rights officer Landlords should not decide for low· or an advocate to a landlord can secure an income people what they can afford to pay affordable apartment. Using human rights for housing. The only result of restricting legislation is a useful apartment·hunting skill their choice is to force them to pay far more for any member of a disadvantaged group. in rent elsewhere. Any hardship imposed on It is surprising, even with the intolerable landlords in relinquishing income and afford· delays at the Ontario Human Rights Com· abflity criteria will be balanced, in these mission, how much staying power com cases, against the hardship imposed on dis· plaints have when a quick settlement cannot advantaged groups being denled housing. It be reached. They are outraged enough at should not be seen as undue hardship to the injustice of discrimination that they area of housing, jurisprudence has evolved risk renting to a low-income tenant. want to make a real commitment to doing significantly in the last decade, especially The same argument applies to landlords something. There is an energy and outrage since the equality rights section of the who inquire about a person's credit rating among victims of discrimination that only Charter has come into effect. These changes and employment. What good is human needs to be mobilized. will have dramatic impact as we begin to rights protection for social assistance recipi Although we have been inactive in the apply them to housing. ents or youth or refugees and immigrants if 38 canadlan housing habitation canadlenne landlords can reject anyone without a good ceived self-interest and to rent to a single credit rating or pennanent employment? mother of three on social assistance rather Renting an apartment is not the same as than to a single man making $41,000 a appying for a loan to buy a shiny, new year. They cannot believe that what they car. The person is paying cash in advance consider the rational choice based on for something that is an absolute necessity. income could be considered illegal. Such a Are we really prepared, as a society, to radical shift in thinking wili not come just adopt a policy that says people without a by legislation or policing. it will come ftom good credit rating and a job shouldn't have the grassroots level, with low-income a place to live? If not, why should housing people and victims of housing discrimina providers be allowed to screen applicants tion educating the courts and the legislators. on that basis when that is precisely the J11e UN l.'Jeclaratioa on the It has to be a social rather than a judicial social effect of their actions? This is the of the Cl1ild was change in the way we think. The intent systemic question that human rights the urv General and self-interest of the individual has to be tribunals and the courts will be obliged 20, over-ruled by a collective intent - or what to consider. the philosophers call "intentionality," that The implications of this extend to the mysterious ability of human collectivities to public and non-profit housing sectors as Para£1rnvli 4 states: constitute rules for such structures as lan well. There is an awful lot of direct dis The child sbaH guage and mathematics that transcend the crimintion and harassment in the public the benefits individual, but without passing any laws or sector, and we are not doing nearly of social ,ec·11ritv setting up any commissions or courts to enough to train staff of public housing or ensure individual compliance. This is the He shall be enti members of non-profit co-ops to deal effec sort of thing that happens when children in tively with such issues as racism and tled to grnw and a playground develop rules of fair play for sexual harassment. I was shocked to dis devc!!on in rnc.arncc; a game without the rules ever being cover how many tenancy applications for to this end '!'''"''"' imposed from above, or when lineups at a market rent apartments in the non-profit care and 1m1te•:• supermarket adapt in an equitable way to sector require information on marital and the opening of a new cash register without family status, where the information is tio11 shall he anyone in authority telling each individual being used not for needs assessment but m•ov1!ded to him what to do. rather to detennine the desirability of the and his ni.other 1 While boarding a plane in Toronto applicant. The time to ask such questions, including ade- recently, I watched staff and passengers if the information is necessary for some together respond in similar collective reason, is after the selection process has fashion to accommodate the needs of a been completed. mother with two small children, an elderly The public and non-profit housing sectors care. The child woman in a wheelchair, and a man with have to clearly distinquish between affirma shall have the some sort of disability. I thought, as I tive action selection and other forms of to adequate watched that scene, of how we would selection. In general, it is justified to select have reacted with outrage if someone in applicants according to need, based on authority had negated the collective infonnation of income, family status, or response and refused to allow those people disability. But to collect and use such infor on the airplane because they would be too mation for the purpose of excluding low services. much trouble. Pursuing the analogy with income families from market rent apart housing, I thought of how even a special ments through affordability criteria or subsidized flight to Vancouver for the someone suffering from drug or alcohol "hard-to-seat" would not repair the hann addiction from a co-operative or someone done by that act of violence - violence who has not been a resident in the against both the individuals who are province for a certain length of time from excluded but also against the collective public housing - these types of actions any maternity benefits they might have response to include them. are discriminatory. to pay. Scenes such as these are reassuring. More and more often, to secure a1located We are talldng about a whole new way of They give me some hope that we wili soon units in the non-profit sector, groups thinking. Often, landlords are incredulous see a decisive social response in canada to representing battered women, refugees, when it is suggested that they may be the intolerable and absurd violence inflicted young mothers, or the disabled are having obliged under law to act against their per- by discrimination in housing. to get directly involved in the creation of housing supply. Or they are being asked by non-profit co-ops to provide indemnifi cation against any risk in exchange for a special allocation of units to their client group. But this is not the way it should Bruce Porter is a graduate of Queen's University and the University of Sussex. He be. Non-proft housing should be exemplary has yet to complete his doctoral dissertadon in the graduate program in social and in initiating affirmative action programs to polidcal thought at York University in Toronto. A Jong-time advocate oflow-income ensure that they are housing disadvan tenants, Porter helped organize the Lakeshore Tenants' Association, sponsored the taged groups, not simply irultating the pri Lakeshore Community Organization Offlce, and assisted in founding South Etobicoke vate sector. They should not be placing all Community Legal Services, of which he is past chairperson. He is a member of the the burden of what in human rights we housing needs committee ofthe City ofEtobicoke and vice-chaiJperson ofthe Lakeshore call ''reasonable accommodation'' of disad Hospital Site Public interest Coalition, a group lobbying for and developing non-profit vantaged groups back onto the groups housing on Lakeshore Psychiatric Hospital lands. Porter is a member of the Afford themselves. It would be like employers able Housing Acdon Group and the Family Housing Workgroup in Toronto. agreeing to hire women as long as women's groups indemnify them against Spring/Printemps 1989, Vol.6, No.1 39 COVER STORY by Thomas S. Axworthy Abstract The political essayist John Locke, in his famous treaty on the goals of a liberal democracy, placed great importance on property rights. Using this as a premise, the author argues that shelter is a basic element of human happiness and that healthy democracies should do their best to ensure all people be adequately housed. Resume Le philosophe John Locke, dans son fameux ouvrage sur Jes objectifs des democracies liberales, accordait beaucoup d'importance au droit il la propriete. En partant de ce principe, !'auteur de cet article soudent que le Jogement est un element fondamenta/ au bonheur et que Jes democracies saines devraient tout faire pour s'assurer que chacun ait un Jogement convenable. hroughout history, human rights have had many defenders, but pride of place probably belongs to john Locke. Locke begins his famous treaty on the goals of political society with the claim: The great and chief end therefore of men uniting into Commonwealths and putting themselves under Government is the Preservation of their Property. 1 The modem doctrine of human rights began quite literally with property rights. Property was more than land or material • This article is an abridged version ofa paper possessions. It was life and liberty. The prepared for the Ontario Ministry of importance Locke placed on property Housing's Homeownership Forum, held in should alert us to the Importance of shelter Toronto, October 13, 1988. as a basic element of human happiness. 40 canadlan housing habitation canadienne Self-realization is the goal of liberal democracy. The purpose of life is to become whatever we are capable of becoming. Thus, individuals must have the broadest possible choices to define the good life for themselves. The role of the state is to provide the conditions for these choices. Real choice depends not only on civil and political rights. It also depends on a range of economic and social rights - including adequate shelter. Having the right to do something is meaningless unless we can actually do it. True freedom is absent when poverty, hunger, or illness deny us the ability to realize our potential. Adequate shelter is an individual right Spring/Prlntemps 1989, Vol.6, No.1 41 denied many canadians today. Beyond providing a minimum level of adequate shelter for everyone, a democracy should also strive to increase housing choice. Individual circumstances change, and the housing market should be flexible enough to meet these needs. In Toronto, for example, there are not enough units for renters and not enough medium-priced housing for those who want to buy. e KAREN Glll!ES Housing choices are narrowing, not expanding. A healthy democracy requires a large band of property-owning citizens. A sociery of property holders increases liberty, balances wealth, reduces dependence, and gives citizens a stake in the community. hungry because rent takes so much of the Ownership should be as important a goal family income. of housing policy as social equity. Rent and mortgage payments are the Adequate shelter is critical to self most pressing in the average Canadian realization. Given our climate in Canada, budget. Food, transportation, clothing, or lack of shelter means loss of life itself. health care takes second place to the over Homeownership is almost a universal Safe, wann, well constructed housing is riding need to find shelter. In a recent dream. Yet, that dream is turning into a the minimum standard for adequate speech, Cha viva Hosek described Ontario's nightmare for many Canadians. Future shelter. The quality of housing in central housing problem succinctly. expectations are even worse. In the cities and in rural and northern communi • Ontario's population is growing national sample, 26 per cent rated housing ties is far from adequate. Statistics Canada by one hundred thousand a year as a serious problem today, but 41 per found nearly one million dwellings "in through migration alone, thereby cent believe the problem wlli get worse in need of major repair" during a 1987 putting intense pressure on supply. the future. Canadians, particularly survey. The physical condition of canadian • A quarter of a million households homeowners, rate future housing opportu housing must be on any policy agenda. in Ontario pay more than 30 per nities for their children as poor. A wide The priority of any housing policy must cent of their incomes on housing. gap is developing between hopes and be the homeless. Twenty thousand • Thirty thousand Ontario families realistic expectations. Dashing hopes and Ontarians use the emergency shelter are on waiting lists for public reducing choice is not a happy prospect in system of this province. For up to a housing, and up to 20,000 people any democracy. hundred thousand Canadians, the dominant use the emergency shelter systems. The debate over property rights, housing problem is not high rental or mort • The average residential resale however, is far from one-sided. Plato gage payments. It is simply a roof. To price in Toronto in June 1988, attacked private property as inconsistent study the plight of the homeless makes us according to the Multiple Listing with the good life. Aristotle defended it as realize how far we are from the democratic Service, was $233,000 - up from essential for the fullness of human facul ideals of self-worth and self-realization. $201,000 in 1987. ties. Early Christians derided it, but St. Toronto cannot become another New The democratic goal of freedom of Thomas Aquinas justified it under natural Ymk where the homeless wander the individual choice recedes in the face of law. It was extolled by jean Jacques Rous streets while the affluent look down from such figures. The price of single-family seau and Thomas Jefferson, and abhorred cold, soulless, skyscraper windows. The dwellings, especially in Toronto, is going by Karl Marx. problem is large, but it can be solved. up faster than incomes. Supply is not Like the classical Greeks, the goais I We need to build more emergency shelters. keeping up with demand, and the resulting advocate for our society revolve around We need to find operating funds to man tight market restricts choice to those with the process of fulfilling our potential. C.B. them. Shelters are only a temporary step high incomes. Macpherson writes: "Life is for doing to deal with immediate needs until we In contrast to the imbalance in the rather than just getting. "3 The full life find a permanent solution. Yet, this first supply of modest housing, a 1988 survey need not be consumerism gone mad. We step is urgent. by Goldfarb Associates reveals the high can aim higher. Aimost as critical is the gap between the value canadians place on housing choice. 2 It was not until the 17th century that the cost of decent shelter and the ability to The three most critical goals for Canadians Greek ideal emerged as a plea for the pay for it. For some canadians, we are were good health, love and marriage, and individual. Property, again, was at the building bigger houses for smaller homeownership. Owning property is more centre of the debate. The liberal revolution households. Other Canadians live in important to canadians than raising a of the 17th century protested the power of cramped quarters or pay so much for family, having a satisfying sex life, or the landed aristocracy. As feudalism dis shelter that every other necessity of life accumulating wealth. And the index of solved in the face of liberal pressure, suffers. A recent report in the Toronto Star importance attached to housing has individuals could get enough land or capital suggests that nearly 80,000 Torontonians, increased from 72 per cent in 1980 to 81 to work for themselves. Thus, Locke aimost half of them children, go to bed per cent today. argued: 42 canadian housing habitation canadienne GLITZY Notes 1John Locke, TwO Treaties of Government, TINSEL PeterLaslett, ed. (New York: New American Llbraiy, 1965) Book U, para. 124,-p. 395. 2The Goldfarb Report 1988, Book I. I would TOWN like to thank Martin Goldfarb for his permis sion to quote this data. 3Macpherson, The Rise and Fall ofEconomic Justice, p. 83. 4Locke, Two Treaties ofGovernment, Book II, sec. 27, p. 328. 5Jean-Jacques Rousseau, On the Sodal cOn tract, RogerD. Masters, ed., trans. by Judith R. Masters (New York: St. Martin's Press, 1978).- The quotation, is from Rousseau's 1755 essay "Political Economy." p. 222. We no longer have a society made up of small farms. Ownership of a home or a Thomas S. Axworthy is an Assodate of the business through profit-shating or share Centre for International Affairs, Harvard distribution is the modem equivalent. For University, and Executive Director of the CRB the average family, the only significant Foundation. He is a fonner Prindpal Secretary investment in their life is their home. Cana to Prime Minister Trudeau. dians invest 40 per cent of all personal savings - $682 billion - in housing. Profit-sharing should be as much a pri ority of any future economy, but it is not. Unlike profit-shating, we have already achieved homeownership on a broad scale. We must preserve this achievement and strengthen the option for future generations of Canadians. Having achieved a part of Though the Earth and inferior crea the Rousseau-Jefferson ideal of widely dis tures be common to all men, yet tributed property ownership, dare we turn eve.ry man has a Property in his the clock back? own Person. This no Body has any Housing is a necessity of life. Right to but himself The labour of Homeownership, with its historical creden his Body and the Work of his tials as a basic right, continues to be a Hands, we may say, are properly dream. The ideals of liberal democracy - his. Whatsoever then he removes self-realization, choice, and rights - have out of the State what Nature has important implications for housing policy. provided, and left it in, he hath mixed his Labour with and joyned • If shelter is a right, the homeless have a moral claim that we, as a to it something that is his owner 4 society, must meet. and thereby makes it his Property. • If choice is central to our idea of It remained for Rousseau and Jefferson to a liberal democratic state, we must argue that property ownership was a recognize that choice is diminishing. necessary condition for democracy. They The severity of problems of supply, both argued for a one-class society of demand, and cost require a radical independent producers where everyone response. could have enough property to work for • If homeownership is a foundation himself. The government's most important of the democratic way of life, there task, wrote Rousseau, is to prevent must be equal opporturdty for all extreme inequality by removing the means citizens to own their own home. of accumulating wealth and by protecting Trying to manage the growth of an urban citizens from poverty. 5 Property rights are colossus, such as Toronto, is a supremely "the most sacred of all rights of citizens difficult task. Trying to provide relief to and more important in certain aspects than thousands of Canadians who pay more freedom itself." than 30 per cent of their income for shelter Locke, Rousseau, and Jefferson, of is expensive. Tiying to balance the intri course, wrote when agriculture was the cate market relationship of supply, dominant source of wealth, and so they demand, and cost is a policy problem of were primarily thinking of land. Their belief immense proportions. But lf Canada - with that ownership gives people an economic its small population, vast area, and impres stake in the community over which sive wealth - cannot achieve the democracy gives them political control democratic requirement of adequate shelter, makes as much sense today as it did then. who can? SprlnglPrintemps 1989, Vol.6, No.1 43 "Everyone has the right to a standard of living adequatt family, including food, clothing, housing, medical Everyone deserves a decent home. We salute the 40th anniversary of the United Nations' declaration of the universal right to housing. - Promoting non-profit, co- The right to adequate and affordable operative housing for 20 housing is a right that should be years - accorded everyone. The Capital Region Housing Corporation of Victoria, B.C., supports the efforts of all who seek solutions to the current housing crisis. ~ ~ co~OPERATIVE HOUSING FOUNDATION OF CANADA ,, &."Y'£. ""'FONDATION DE L'HABITATION COOPERATIVE DU CANADA 'W'tt'W.' 275 DANK STREET, SUITE 202, OTTAWA, CANADA K2P 2L6 (613) 238-4644 Capital Region Housing Corporation 534 Vates Street, P.O. Drawer 1000, Victoria, 8.C. V6W ZS6 The City of Toronto Housing Department warmly acknowledges the 40th anniversary of the United City home Nations Universal Declaration of ! 12 Ehzabeth St reel. Toronto. Onlano Human Rights. Working with City MSG 1P5 The Ontario Non-Profit Housing home and other non-profit and Association supports the private housing developers, this department has an enviable record in promoting and producing availability of affordable and affordable housing for the City of Toronto. Central appropriate housing tor all to its operating philosophy is the premise that all citizens have the right of access to adequate, households in the province. affordable housing. Ontario Non-Profit Housing Association 44 canadian housing habitation canadlenne [1 l) for the health and well-being of himself and his care, and necessary social services. " . . CANADIAN INSTITUTE OF PLANNERS r INSTITUT CANADIEN DES URBANISTES 1'-·_.._.._ 1_ _, 404-126, RUE YORK STREET, OTTAWA, CANADA K1N 515 !613)233·2105 , Peel Non-Profit Region ot Peel •Housing Corporation The Regional Municipality of Peel and the Peel Non. Profit Housing Corporation are committed to Decent and affordable housing that is suitable to the needs seeking solutions to the housing crisis in our com· munities. We actively seek new partnerships with of the household is an essential ingredient of the overall the public, private, and non-governmental, health of the community. As professional community community-based sectors in the housing field and planners, the membership of GIP congratulates CHRA on applaud the Canadian Housing and Renewal its continuing leadership in the field of housing. Association for its commitment to seeking ade· quate, accessible, and affordable housing for all Canadians. Elt!ment de base du bien·etre de notre societe, le logement You can count on Peel's continuing participation convenable, a la portee de taus, reste un besoin dont and support of the Canadian Housing and Renewal l'ACHRU est porte-etendard. Les urbanistes du pays par Association. tagent cette preoccupation et felicitent l'ACHRU de ce Frank Bean Maja Prentice numero special. Chairman and Chief President Executive Officer Peel Non-Profit The Regional Municipality Housing of Peel Corporation Office of the Bureau de General Manager I' Administrateur general "1!Wttawa Non-Profit Housing Societe de logement a but tit Corporation non lucratif 300-11 Holland Ottawa, Ontario K1 Y 4S1 (613) 564-1241 Telefax/T.C. (613) 564-8558 The City of Ottawa Non-Profit Housing Corporation and the City of Ottawa Department of Housing & Property is committed to providing Ottawa's low- and moderate-income and special needs citizens with decent and affordable housing options. The premise that all citizens should have access to adequate accommodation is integral to all human rights movements. As such, the City salutes the Canadian Housing and Renewal Association for bringing the issue of the human right to housing to the forefront. spc•nscJ!sJ;up uclvertiscnJc11ts. Spring/Printemps 1989, Vol.6, No.t 45 THE UNIVERSITY OF BRITISH COLU!WBIA CENTRE FOR HUMAN SETTLEMENTS J. David Hulchanski, Director The UBC Centre for Human In 1988 Dr. J. David Hulchanski, initiatives. The focus is on Settlements (CHS) was established Associate Professor in the School developing community-level following the 1976 United Nations of Community and Regional interaction, identity, institutions Conference on Human Planning, was appointed Director and initiatives. The role of senior Settlements held in Vancouver. following a University review of governments is addressed in The interest generated by the the Centre's mandate. terms of identifying what "Habitat Conference" led to the government can do to assist formation of a multi-disciplinary The Centre is part ofUBC's School communities in their own research centre within UBC's of Community and Regional development. The Centre also Faculty of Graduate Studies. Planning and reports to a seeks to identify lessons which can governing council chaired by the be shared within and between During the past 12 years CHS has School's Director, Dr. Alan F .J. industrialized and non pursued research in the broad field Artibise. industrialized areas of the world. of human settlements, welcoming more than 70 visiting scholars, The aim of the Centre for Human Research is focused on the convening 40 research seminars, Settlements is to undertake multi following geographic areas: organizing 28 Habitat Lectures, disciplinary research and Canada, with a particular and publishing 8 books and more disseminate information on issues emphasis on British Columbia and than 50 research papers. relating to housing, urban and northern Canada (northern B.C., regional development, urban Yukon and the Northwest Since 1986 CHS has studied the governance, and community Territories); and Australia, Japan nature and scale of homelessness development planning. The and other Pacific Rim countries. in Canada within the framework Centre seeks to engage in policy CHS also responds to requests for of the International Year of Shelter relevant research which will help research work in other areas of for the Homeless. The Centre's communities develop socially, the world where CHS staff and research staff prepared the reports economically and physically. UBC faculty have expertise. on homelessness which were submitted by the Canadian CHS research is aimed at Address: delegation to the United Nations identifying, studying and 2206 East Mall Commission on Human promoting processes by which Vancouver, B.C. V6T 1W5 Seitlements in Nairobi. communities can effectively shape Canada and continually improve their own Phone: (604) 228-5254 Sehool of Community and Rt>g·ional Planning· 46 canadlan housing habitation canadienne ~ ~n~ ARTICLE , ~~Jl,h~ ~ 1948<*1988 Abstract AIDS victims are natural targets of discrimination in hawing. Although such instances have occurred less frequendy in canada than other countries, two cases recenriy went before the courts. The result: The legal system recognized that AIDS is a physical disability and, therefore, grounds for legal protection and guarantees. A govemment policy concerning the housing needs of this group has yet to be fonnulated. Resume Les victimes du SIDA sont des cibles naturelles pour la discrimination en matiere de logement. Meme si ce genre de discrimination survient mains souvent au canada que clans Jes autres pays, deux causes se sont recemment trouvees devant Jes tribunaux. Le resultat: le systeme juridique a reconnu que le SIDA etait une incapacite physique et que, par consequent, il constitue un motif val able pour justifier une protection et des garanties Jegales. Les gouvemements n 'ant pas encore formule de politique concemant Jes besoins en logement de ce groupe. by Scott Leckie 1 "fhe first case of AIDS in Canada was While AIDS was mistakenly perceived as global program on AIDS, has described the reported just over seven years ago. Since solely a gay disease in the first years of current stage as "the Third Epidemic: the that time the numbers of persons infected the epidemic, trends show that intravenous epidemic of economic, social, political, and with the Human Immunodeficiency Virus drug users and heterosexuals are the cultural reaction and response to AIDS (HIV) have risen sharply. By mid-1988 societal groups where the virus is now virus infection and AIDS." nearly 2,000 cases of AIDS had been spreading most rapidly. Countries around the world thus find reported. Throughout the world, actions and reac themselves choosing between compassion, This figure, of course, masks the issue of tions to AIDS have followed similar stages: justice, and equality or discrimination, vio an estimated 50,000 to 75,000 people from denial to blame and from confronta lence, and deprivation for AIDS victims. who are HIV positive, that is, about 340 tion to action. Jonathan Mann, director of Some countries have reacted with severity, persons per million are seropositive. the World Health Organization's (WHO) quarantining victims and carriers, as well Spring/Printemps 1989, Vol.6, No.1 4 7 as denying them other fundamental human no one shall be discriminated against to benefit from such palliative measures in rights and freedoms. Others have acted because of physical disability. As well, the a secure setting. cautiously to protect the rights of these Ontario Human Rights Code provides sig Governments have the resources and persons, while trying to limit further spread nificant protection against discrimination power to guarantee that persons with AIDS of the virus. and harassment in accommodation for all have adequate and appropriate housing at canada has taken the latter approach, social groups. an affordable cost. The political will for yet AIDS victims are beginning to face cer · While public authorities at both federal doing so is insufficient. The state is bound tain problems on a more frequent and dis and provincial levels have taken some legally to respect the right to housing. This turbing basis. One area where the problem steps to realize housing rights, shortfalls can take several fonns. Social housing is particularly acute is housing. exist at all levels. The current domestic units for use by persons with AIDS could AIDS victims generally experience difficul legal norms protect persons only against be provided. Rent supplements could be ties in getting and keeping adequate acts. They do little to guarantee persons extended and increased to meet actual accommodation. If landlords know or sus positive actions by the state, although this costs and needs. Legislation on housing pect their status, prospects for renting may is clearly the intent of many of Canada's rights, which would protect the rights of become extremely tenuous. international legal obligations. individuals, could be adopted. Not only do landlords increasingly Loss of income, for example, can lead to Should persons with AIDS, seropositives, request evidence of good health, but they a loss of housing. When AIDS becomes or anyone else find their right to housing also invade the private life of renters with severe, victims are usually unable to con has been violated, by omission or action, more vigour than ever before. They ques tinue working. Without an adequate they can pursue international remedies tion credit ratings, require references from income, housing choice is limited, and where local and national remedies fail. previous landlords, and restrict children serious problems emerge. The question of An appeal to the United Nations Human from certain buildings. Recipients of housing rights takes on new meaning. Rights Committee is one of several options government assistance often face difficul In Vancouver, the co-operative housing available. If the Canadian government is to ties, while those with physical or mental movement has designated one unit in each take its legal obligations seriously, all disabilities occasionally face rejection. co-op for exclusive use by persons with Canadians must know they already have Yet, only recently has the legal system AIDS or seropositives - a noble gesture by international housing rights, and they must seen cases emerge concerning AIDS and one small sector of Canada's housing com be able to use legal sources and remedies accommodation. In late November the munity, but far short of what is needed. to substantiate these rights. Ontario Human Rights Commission ordered To date, no government policy exists con While Canada's record is commendable an Ottawa landlord, who refused to rent cerning the housing needs of this group. compared to some other countries, the space to the AIDS Committee of Ottawa, to time has come for this nation to finally pay $9,000 in damages. Only recently, the and fully guarantee the right to housing to courts recognized that AIDS is a physical all persons. disability entitling persons with AIDS to we think of AIDS in the context of special legal protection. housing rights, we can ask many questions In the landmark case of Biggs and Cole about the individual rights of persons Scott Leckie, an international human versus Charles Hudson, two gay men in a infected with this virus - questions that rights law expert, is currently based in Vancouver rental building received an evic governments and others must be Utrecht. tion notice because they had a dog, which encouraged to answer. Where do people go they were nursing back to health. to live when rents can take 30 to 50 per Although other tenants also kept dogs as cent of income and they must also pay for pets, only this couple received notice. In medicine often not fully covered by insur court, their lawyer argued that the real ance? Where do they go when vacancy reason for eviction was that one of the rates are well under one per cent? Where men carried the AIDS virus. Although the do they go when the few special houses Vancouver court decided that no tenure for persons with AIDS are filled? What discrimination had occurred, it did decide happens when a life insurance company that AIDS is a physical disability and, tries to renege on payment obligations therefore, grounds for legal protection and when they discover their clients have guarantees. Another case is pending, also AIDS? What happens when the wait for in Vancouver, involving a gay couple public housing may be years rather than refused tenancy when the landlord learned days or months? Where do people go that one of them had AIDS. when landlords evict for socially acceptable Cases of discrimination in housing appear reasons without saying that the ground for to occur less frequently in Canada than in eviction was AIDS? Where does the sur other countries, such as the United States. vivor go when succession rights do not However, these reports indicate that apply because the couple is gay? Where do persons with AIDS and seropositives have they go when zoning laws restrict group a variety of problems that stand in the housing for AIDS? We must not only way of their right to adequate housing. reconcile such questions morally and Canada has various international and legally, but also with the legal obligations domestic legal obligations to fulfil the right of the Canadian government vis-a-vis the to housing. canada has adopted, in prin right to housing. ciple if not in fact, the International Canada is one of the richest and most Covenant on Economic, Social, and Cultural well-endowed countries in the world. It Rights (article 11), the Universal Declara· could easily and quickly solve the housing tion of Human Rights (article 25), the Con problems confronting persons with AIDS vention on the Elimination of Racial and seropositives. One option is the com Discrimination (article 5), the Declaration bined federal, provincial, and local frnancial on the Rights of the Child (paragraph 4), support for hospice-like settings in which and others. persons with AIDS could live together in Furthermore, article 15 of canada's own comfort and security. Home medical care Charter of Rights and Freedoms guarantees could be provided for those who are able 48 canadian housing habitation canadienne ESSAY (Evictee Jon Muller, 59) Mass Evictions in Vancouver: The Human Toll of Expo '862 by Kris Olds Abstract Evictions do not all occur in underdeveloped countries, as illustrated by the recent evictions in Vancouver. By extensively documenting the human toll of Expo '86, the author makes the case that even such less severe evictions con stitute major human rights violations. Resume Le phenomene des expulsions ne se limite pas aux pays sous-developpes, com me en temoignent les recentes expulsions survenues a Vancouver. Au moyen de donnees detaillees sur les victimes d'Expo 1986, l'auteur soutient que meme des expulsions moins graves constituent des manquements majeurs aux droits de la personne. Spring/Printemps 1989, Vol.6, No.1 49 Evictions take place in every country in sultant to recommend locations for a large, struggle (in tenns of work, personal life, the world. Most commentators, domed sports stadium. In the fall of 1979 and community problems) and links to researchers, and housing activists will it was recommended that the World's Fair community-based services and social net agree that far more people are evicted under consideration be linked to the works, has created for many a strong annually throughout the world than are stadium and constructed on the False creek sense of community in the Downtown housed. In some countries (South Korea, lands held by Marathon Realty. Eastside. Indonesia, South Africa, Israel), evictions In January 1980 Bennett announced his During 1986, one important contributing are notably heavy-handed without ade "vision for the future, a vision to build a factor to the severity of the evictions was quate consultation or compensation. In great meeting place for all our people that the lack of residential tenancy rights of all Korea, for example, the City of Seoul we would call British Columbia Place. " 4 residential hotel dwellers. Tenants have evicted about 100,000 people from slum His vision consisted of a sports stadium, a absolutely no security of tenure. Legally, areas in an effort to spruce-up the city for World's Fair, and a brand new rapid they are considered licensees (those who the 1988 Summer Olympics. 3 transit line linking the CBD to the site and have not got the right to exclusive posses While frequently less severe, evictions suburbs. He mentioned the enormity of the sion). As such, they are considered to be that constitute major human rights viola site and the consequent benefits for all hotel guests, even though they may have tions also occur in developed countries. Vancouverites if it was developed properly. lived in the hotel room or rooming house Depending on place and circumstances, Most important, from the perspective of for one, 10, or even 40 years. They may being forcibly evicted can amount to viola this article, was the use of a fair to kick be evicted at any time and with no notice. tions of one's right to adequate housing, off the project: They may face rent increases at any time the right to privacy, the right to freedom of [TJ he trigger for this development and in any amount. Their goods may be movement, the right to equal protection, will be Transpo '86 . ... We see in seized, and their use of the room may be and so forth. Such was the case in Van this exposition an opportunity to regulated by the landlord (e.g,, no guests couver, Canada, when several hundred host both a major World Fair and to allowed alter 11 pm). elderly and poor individuals were evicted proceed with developments that suit Very precarious tenancy status, combined to make way for tourists seeking accom our present and future needs. . . . We ' with marginal financial resources, leave the modation while visiting the 1986 World's see in Transpo '86 the chance for a typical Downtown Eastside resident vulner Fair (Expo '86}. These evictions caused celebration that will leave a lasting able to any potential speculation by hotel considerable tunnoil within both the legacy. owners interested in catering to the Expo affected community and the political Soon after, Expo '86 was officially estab tourist market. Given that a large number sphere. lished. Unfortunately, the fair and its of residential hotels and rooming houses 70-hectare site was situated next to one of are within a five-minute walk to the Expo Vancouver's poorest communities - Down site and that many of the hotels are in town Eastside. weak financial condition, many hotel Vancouver's Downtown Eastside commu owners could not resist the conceived nity bounds the northern and eastern potential financial gains brought by the edges of Expo '86. The 1981 Census found money-laden Expo tourtst. 16,608 people living there, with 55 per While the first documented proposal for cent residing in prtvate dwellings (single· holding a World's Fair in Vancouver's detached dwellings, duplexes, row housing, inner city was in 1974, not until February and apartments) and the remaining popula 1978 was the idea of sponsoring a fair tion (45 per cent) living in lodging houses seriously raised again. Architect Randle Ire (residential hotels, rooming houses, non dale prepared a concept study for the profit hostels, and multiple conversion redevelopment of the north shore of False dwellings). A more recent (1986) survey The first questions about the possible Creek, which lies on the opposite side of by the City of Vancouver's social planning housing impacts of Expo '86 (then called False Creek from the celebrated False Creek department registers approximately 9,600 Transpo '86) and B.C. Place were raised neighbourhood being developed at that lodging house units in Downtown Eastside. during the summer of 1981, one-half year time. The north side of False Creek had It is the lodging house population (the alter the BIE's official ratification of the been under consideration for redevelopment residential hotel residents, in particular) Expo application. In Downtown Eastside, since 196 7 when Marathon Realty (the real that is under examination here. 5 First United church representatives estate ann of Canadian Pacific Railway) The average lodging house resident is predicted that at least 800 low- and fixed first raised the issue of building residential characterized by the Downtown Eastside income residents would be evicted from towers on the declining industrial site. Residents' Association (DERA) as follows, residential hotels and rooming houses After reading the Iredale study, the If there is a typical Downtown East· being upgraded for the Expo · 86 lucrative sponsor of the study, Provincial Recreation side resident, he is an unemployed tourist trade. and Conservation Minister Sam Bawlf, pro man, about 55 years old, receiving In early 1983 Vancouver's social plan posed an "international exposition to com social assistance, and living alone in ning department assumed responsibility for plement Vancouver's 1986 centenary.'' a small housekeeping room for Expo '86-related accommodation issues Vancouver's centenary was simply a which he pays $225 a month. He because of a long involvement in Down suitable excuse to hold a World's Fair probably has lived in the community town Eastside issues. In October of that given that all fairs are linked to important in a variety of lodging houses, on year the department began work on a dates, such as the centenuial of the French and off, for the past 15 years. He major option called the Expo Housing Pro Revolution (Expo 1889), the 400th has previously worked in primary gram. The justification for the program was anniversary of the arrival of Columbus in industries (logging, mining) and may that Expo '86's inner city setting, its America (Expo 1893), or the 10th have become disabled while success in attracting exhibitors, and its anniversary of the gold rush (Expo 1909). working. 6 likely success in attracting a multitude of This linkage is required to attract support Downtown Eastside's residents also tend visitors would exert considerable pressure from the community, all levels of govern to be fiercely independent individuals, who on an already limited amount of rental ment, and the Bureau of International are linked to informal social support housing stock. Additional housing Expositions (BIE). systems. 7 Their independence exists with assistance from CMHC was sought because While various potential sites were exa respect to mainstream society and the of the necessity to avoid further pressure mined durtng the spring and summer of services offered by the government. on rental accommodation, particularly in 1979, Premier William Bennett hired a con- Independence, combined with a history of the inner city, and the necessity to protect 50 canadian housing habitation canadlenne the most vulnerable population - the long· city task force was created (March 7) and low-income families and individuals term, low-income inner city dweller living the social planning department pressured - have closed down. Some have in hotels and rooming houses. The Expo into creating a clearing-house. A formal been converted to non-residential Housing Program basically involved housing registry was set up, and a use, others have been demolished. 11 capitalizing on the possible negative relocater was hired to assist evictees in housing impact of Expo '86 by convincing their attempts to find and move into a Thus, Expo '86 had a destabilizing effect the federal government to provide special vacant unit. The housing registry was on land values (and, therefore, housing increased funding for existent programs. formalized in the Carnegie Commurdty supply} in Downtown Eastside before the The social planning department developed Centre on Aptil 2, 1986, with a computer· opening of the fair. Other contributing various other options over 1984. The most ized hot-line. factors likely include core commercial important and controversial was a rent On March 10, the city's health depart· expansion, the expansion of Chinatown, freeze and no eviction program, which was ment became involved in the crisis. Many the low profit margins of this type of rental proposed by DERA and refined with social of the evictees were elderly, poor, and housing, the enforcement of city standard planning staff input. In the proposal, long· unhealthy. Moreover, a high tuberculosis of maintenance by-laws, and general urban term residents (over one year} of lodging rate in Downtown Eastside caused addi redevelopment pressures. houses would receive protection from either tional problems because of the infectious rent increases or evictions during the nature of the disease. The chief medical Pre-Expo Tourist Demand Impact: period of operation of Expo '86. This health officer ordered staff to track down The exact number of Downtown Eastside option required provincial government and mordtor the health of the displaced lodging house residents displaced because approval because the city does not have residents. Concern was expressed because of Expo '86-induced pressure was a con legal authority to enact either rent controls of tuberculosis and its infectious nature, troversial issue. Estimates between a low or eviction protection. the advanced age of the evictees, and the of a few and a high of 2,000 evictees By June 1985 the results of the depart· poor health status of many of the evictees. have been suggested by politicians, ment's Expo Housing Swvey were in. It By late May the evictions had slowed to planners, and community representatives. was noted that a large majority of hotel a trickle, and duting July the social plan· Statistics supplied by the social planning operators would not be undergoing major nlng department closed the housing department offer a good rough estimate of upgrading specifically for Expo '86 until registry. The vacancy rate of Downtown the number of evictees. Based on the var the last possible moment - January or Eastside lodging houses rentmed to ious surveys and housing registry data, February 1986. This prediction, in addition normal (approximately 10-20 per cent} by approximately 415 were evicted from their to Expo '86 refusing to support the Expo spring 1987. lodging houses because of Expo '86. This Housing Program, caused planners to focus total is considered conservative by the on their ounce of prevention option - city's social planning and health depart· time-limited, no-rent increase, no-eviction ments, as well as by community represen legislation applied to long-term residents of tatives, because of problems with survey residential hotels alone. techniques and the fiercely Independent On August 13, 1985, this option came nature of the typical Downtown Eastside before Vancouver City Council for approval. resident. Many evictees simply moved It failed to pass, as council split 5-5 on World's Fairs can result in four different without seeking any assistance. the motion to request the provincial types of housing impacts: 1) on-site: 2) Taking all of this into account, assuming government to amend either the City post-announcement speculative; 3) pre the social planning department statistics Charter or the Residential Tenancy Act Expo tourist demand: and 4) post·Expo. 9 are correct, speaking to community representatives and city staff, and until October 13, 1986 (the day Expo was On-Site Housing Impact: No housing scheduled to close}. There was firm opposi· searching over relevant newspaper clip was demolished on the Expo '86 site pings, my estimates indicate that between tion to this option from various members because it was former industrial land com of city council, Including alderman (now 500 and 850 evictions occurred in Down prised of railway tracks, lumber storage, town Eastside lodging houses because of mayor} Gordon campbell, who aligned with and several old industrial structures. the B.C. Hotels' Association. Their perspec pre-Expo tourist demand impact. In addi tive was that no hotel owner intended to Post-Announcement Speculative tion, between 1,000 and 1,500 lodging evict tenants. Rather, in the words of Impact: Following the announcement of house rooms were switched from monthly campbell, rent freeze advocates were Expo '86 and the B.C. Place development rental to tourist rental status during the ''trying to set up a bunch of straw men In 1980, land speculation began occurring spring of 1986. To put some perspective and bum them down .... The hotels In in Downtown Eastside. Examination of on both these figures, the 1981 Census Downtown Eastside are not going to be data detailing changes In the value of tabulates approximately 7,461 lodging prime locations for Expo. " 8 downtown residential hotels points to a house tenants living in Downtown Eastside On November 19, 1985, city council destabilized market, which is characterized and as of April 1986, approximately 9, 600 voted once again on a motion to request by a rapid increase in land values. 10 lodging house urdts in Downtown Eastside. the provincial government to approve the Similar conclusions can be drawn by an Evictions were both direct (e.g., receipt prepared legal changes that would allow examination of the social planning depart· of an eviction notice) and indirect (e.g., the city to implement the rent freeze and ment's lodging house surveys carried out rent increases or implementation of strict no eviction program. A 5-5 tie vote during 1983, 1985, and 1986. Substantial regulations about cooking in the rooms}. occurred, and the motion was not passed. housing loss has occurred in Downtown Alderman Gordon campbell continued to Eastside since 1978. Various estimates put Post-Expo Impact: While Expo '86 was lead the attack on any legal action the loss between 1,000 and 2,000 units open, a high proportion of the owners and preventing evictions. for 1978-1984. This is supported by operators of residential hotels where resi In February 1986, the exact month preliminary data from the 1986 survey, dents were evicted failed to see their predicted by the social planning depart· which shows a permanent loss of approxi dreams of financial gain materialize. Nega ment, evictions began to occur. On mately 600 lodging house units (ptimatily tive publicity occurred because of the evic February 25, 1986, city council finally sleeping/housekeeping urdts} between 1984 tions and the poor quality of the passed a motion requesting the provincial and 1986. As Vancouver's mayor also renovation work. Also, Downtown Eastside government legislate an end to the evic· put it: residents stopped frequenting the bars of tions. The provincial government refused. In the past four years, about 80 pri· hotels where residents were evicted. This As the pace of evictions Increased duting vate rooming houses - which action cut off an important source of the latter days of February, a provincial- provided more than 2,000 rooms for revenue. Spring/Printemps 1989, Vol.6, No.1 51 Following the closure of Expo '86, many Notes residential hotels attempted to attract previous residents. Some hotels initially 1Jon Muller is one of many evictees profiled in an article by Mark Hume, ''Turned Out: They attempted to continue catering to tourists, Built Canada, Now They're Uprooted," Vancouver Province, March 8, 1988, p.AlO. but they met with mixed results. By spring 1988 only one hotel, which formerly had 2This article is based on the author's M.A. thesis Planning for the Housing Impacts of a Hallmark Event: A Case Study ofExpo '86, School of Community and Regional Planning, Univer been renting to long-term Downtown East sity ofB.C., April 1988, The research was supported, in part, by a scholarship from Canada side residents, has remained a tourist and Mortgage Housing Corporation. hotel. Many hotels had borrowed money to renovate and failed to make up this 3 "Eviction Race On," Vancouver Province, August 3, 1988, p,18. cost. Consequently, several hotels where 4Premier William Bennett, ''Speaking Notes for Premier Bennett,'' 1980, Four Seasons Hotel. residents were evicted went into receiver 5 ship, and some have been sold. The rent Lodglng house is a general term encompassing both residential hotels and rooming houses. levels in lodging houses returned to pre Residential hotels differ from rooming houses: A residential hotel has a lobby/lounge area and '86 amenity space, and there are often bars on the main floor of these hotels; the rooming house, Expo rates after Expo closed, and the on the other hand, does not have a lobby with hotel staff/check-in area. The residential hotels vacancy rate (as of October 1987) was evicted the great majority of tenants living in Downtown Eastside. approximately equal to the rate recorded over one year before Expo opened. 6 Downtown Eastside Residents' Association, Expo '86: Its Legacy to Vancouver's Downtown While there appears to be little if any Eastside, August, 1987, pp. 7-8. post-Expo impact, Downtown Eastside's 7Dr. John Blatherwick, Chief Medical Health Officer, City of Vancouver. Interview with author housing market remains unstable. Walks on June 29, 1987. through the community during 1987, 1988, and 1989 reveal considerable 8Ethan Minovitz, ''Eviction Protection on Hold as Council Hits Deadlock,'' August 15, 1985. numbers of For Sale signs and several 9The four different types of housing impacts were delineated by the author after examination development permit applications. This of the housing impacts of World's Fairs since their inception in North America in 1853 (see signals that a potential exists for future Olds, 1988). post-Expo impacts. In all likelihood, current "'see Olds, 1988, pp. 104-105. plans for the development of the Expo '86 lands (now known as Pacific Place) will 11Mayor Michael Harcourt, "Housing Plan: Expo Offers Hope for Slum Dwellers," Week{y Post, have a powerful effect on Downtown East February 29, 1984. side housing stock and, consequently, its residents. Kris Olds is an urban planner who recendy completed a thesis, ''PIEnning for YWCA OF/DU CANADA the Housing Impacts ofa Hallmark Event, 80 GERRARD STREET EAST/80 RUE GERRARD EST A case Study of Expo '86, " at the TORONTO, ONTARIO University of British Columbia. He has MSB 1G6 also published research papers on gen Phone: (416) 593-9886 trification and displacement. Fax: (416) 971-8084 The YWCA of/du Canada is a national voluntaiy organization serving 46 member associations across Canada. Dedicated to the development and improved status of women and their families, the YWCA is committed to service and deliveiy, to being a source of public education on women's issues, and an advocate of social change. As a member of the World YWCA, the YWCA of/du Canada is part of the largest women's organization in the world. In the late 19th centuiy, housing was one of the first services provided to young women by the YWCA in Canada. Today, more than a centuiy later, housing is a cornerstone of the YWCA move ment. YWCAs and YM-YWCAs provide housing and support services for women and their families in communities in 9 provinces and the Northwest Territories. These housing services include emer gency and crisis shelters, supportive and transitional accommoda tion, as well as housing for independent living and short-term hotel facilities. The YWCA movement in Canada provides more than 2,400 beds every night across the country. Contact: Rita S. Karakas Executive Director YWCA of/du Canada 52 canadlan housing habitation canadlenne OLAF SOLHEIM, :!:+Y:'i\),'(X 11898-1986 On April 18, 1986, long-time Downtown Eastside resident Olaf Solheim died at the age of 88. Solheim had lived in the Patricia Hotel for 62 years and was said to have been the hotel's bell boy back in the 1920s. He was well known in the neighbourhood and in good health. Six weeks before his death, Olaf was evicted from the Patricia - the last one to go out of the 70 or so long-time resi dents evicted by the owners, who had registered the Patricia with the Expo '86 booking agency. The staff of the Down town Eastside Residents' Association was able to find Olaf an apartment in a recently opened social housing project, about six blocks from the Patricia. However, Olaf never came to grips with the eviction. Oiaf apparently decided It was over. About 40 days after his eviction, in his new social hous ing unit, bags still unpacked, his meals-on-wheels deliveries uneaten, Olaf Solheim died. province thrown into the street. Although tion, the only positive outcome of the The Social the feeble, the disabled, and the elderly whole terrible event was that we learned bore the brunt of the Expo evictions, the who were and were not our friends. The Impact of entire community felt the pain of the mas evictions happened in 1986, but the sive dislocation. People left the community memories remain. These memories, and the Expo '86 for Toronto and other parts, and the social lessons we learned, are reinforced by the networks of a caring community were massive developments planned for the damaged and in some cases destroyed. Expo '86 site and Coal Harbour. These by Jim Green The community fought back with every developments, by Concord Pacific and resource available to protect itself. It was a Marathon Realty respectively, will have battle that could not be won. The Down even greater impact on the people who live The 1986 Expo celebrations caused 700 town Eastside had its allies, but the land in the vulnerable Downtown Eastside to 1,000 residents of Vancouver's Down lords, speculators, crown corporations, and community. town Eastside community to be evicted provincial government were too strong a from their long-time homes. Within weeks, team. 11 were dead. But these evictions affected We were told that it was all worth it - others as well. The Downtown Eastside Expo '86 only lost $400 million. But to Jim Green is the community organizer of the was forced to watch pioneers of this the Downtown Eastside Residents' Associa- Downtown Eastside Residents' Association. JOHN STEFANICZAN AND MAY HEGINBOTHAM On March 1, 1986, john Stefaniczan and May Heginbotham were evicted from their room at the Regal Piace Hotel in Vancouver's Downtown East side to make way for Expo '86 tourists. They lived together and had lived for several years In the hotel. The eviction was very stressful. John was in tears most of the time, on eviction day and for long after. The eviction took a serious physical toll on May. community workers did their best to help. A good apartment in a social housing project was found for them. May died in February 1987, 11 months after the eviction. John still lives in the neighbourhood. SpringlPrintemps 1989, Vol.6, No.1 53 WORLD REPORT One Canadian 's Role in Monitoring Conditions for the Habitat International Coalition by Habitat International Coalition Staff Abstract Forced evictions are becoming an increasing problem in Africa, Asia, and Latin America. Using ca!cutta as an example, the Habitat International Coalition has adopted a proposal for an international campaign against forced evictions. Resume Les expulsions forcees deviennent un probleme de plus en plus repandu en A!Hque, en Asie et en Amerique latine. En utilisant Calcutta a titre d'exemple, la Coalition intemationale de /'habitat a adopte une proposition visant a lancer une campagne intemationale contre Jes expulsions forcees. the Habitat lntemational Coali tion's (HlC) April 1988 meeting in New Delhi, many representatives of non govemment organizations learned that mass forced evictions of poor families from their squatter settlements or their place on the pavement are still taking place on a larger scale than most people realize. HIC is a coalition of over 200 non government organizations and housing research institutes. lt was established fol lowing the 1976 Vancouver Habitat Confer ence on Human Settlements. One Canadian, Barry Pinsky, is a member of HIC's board of directors. The General Assembly of the Habitat International Coalition unanimously adopted a resolution calling for an immediate halt to mass forced evictions. These evictions were condemned as serious violations of human rights. The resolution quoted a recommendation from the Vancouver Declaration of 1976, which states that "major clearance operations (should take place) only when conservation and rehabilitation are not feasible and reloca tion measures are made.'· The resolution quoted as examples two cases of forced evictions that had taken 54 canadlan housing habitation canadlenne place within the last two months in Cal mternatlonal agencies. lt will also cutta, one leaving 200 families homeless form the basis for a press cam and the other a further 65 families. It paign and for the production of a urges the Government of West Bengal to background leaflet in several lan initiate a dialogue with the displaced resi guages, to be distributed among dents in order to arrive at a satisfactory the general public. In carrying out solution of their shelter problems; to set up the campaign, HJC will seek an alli a mixed committee to review the shelter ance with other international NGOs. situation in Calcutta; and to recommend • From the 10 to 15 cases, three or New Partnerships means to ensure that further evictions do four will be selected for elaborate for not take place. The General Assembly country-wide studies into the eco - Building entrusted a member of the HIC board, nomic, political, and social forces the Future Barry Pinsky, co-ordinator of Rooftops that led to the evictions and into canada in Toronto, with the task of the measures that should be taken visiting Calcutta and reporting on the Cal to prevent their reoccurrence. These Proceedings of the cutta evictions. studies will be carried out by Barry Pinsky investigated the eviction of different regional research institutes Qmadian Conference to the residents of Baghbazar Municipal Yard. on the basis of an agreed-upon ObseNe the He had discussions in Calcutta with the model. mayor, representatives of the West Bengal • At the same time, HIC wants to Intemadonal Year Government, HUDCO, and local NGOs, as establish regional centres for early well as with former residents who had warning and assistance in Africa, ofShelter for been evicted. He concluded that in the Asia, and Latin America. These the Homeless early morning of Sunday, March 27, the centtes should be able to collect 328 residents of Baghbazar were evicted information on evictions and \J:lrl'.\lllV/IS/ill~ ft om their community. First, they refused threats of eviction and quickly /J/1f./J/,\(,/f)// /'l/fl-l /111/ to move and were beaten by the police; approach national and international eight residents were arrested. Once they authorities and the media in an were removed, a bulldozer proceeded to effort to stop or prevent them. desttoy all the huts and pile up the debris. They would also advise communi No formal written notice of the eviction ties in their region on measures to was ever given to the residents, and they protect them against evictions were still in disrussion with the local (e.g., by appeals to court and authorities about a relocation site. (The members of parliament) and help West Bengal Public Lands Act requires a them in overcoming resettlement 15-day notice for evictions.) problems. Duting his visit to calcutta, Barry Pinsky HIC has already started to draw the was shown a report indicating that in the attention of the human rights agencies of city alone more than 40,000 people had the United Nations to the increasing been evicted since 1983; an additional problem of forced evictions. It has asked 30,000 had been threatened with eviction. the United Nations Committee on Eco A lasting record of the 1987 Calcutta is not the only city in India where nomic, Social, and Cultural Rights to ques Canadian Conference to Observe forced evictions take place, and India not tion governments on evictions when it the International Year of Shelter the only country. The president of HIC has examines their reports on their implementa brought both the resolution and Barry tion of the International Covenant on Eco for the Homeless, New Partner Pinsky's report to the notice of government nomic, Social, and Cultural Rights. ships - Building for the Future is authorities in India and officials of the HIC has suggested to the United Nations now out in book form. This United Nations. Commission on Human Rights that an 130-page document not only in During its session in New Delhi, the international agreement should be con cludes a detailed write-up on ev General Assembly of HIC adopted a cluded containing rules of conduct in cases proposal ft om a working group, elaborating of eviction. Such an agreement might, ery forum and plenary session. It its plans for an International Campaign among others, include articles that provide also contains brief stories on Against Forced Evictions. This campaign for the following: some of the major workshops consists of the following elements: • people will receive a warning that occurred, as well as the final several weeks before an eviction report written as a result of the • HIC members and others will be takes place; asked to draft reports on recent • they will have a right of appeal conference, Canadian Agenda for cases of eviction in 10 to 15 cities against this decision to an impar Action on Housing and Home in different countries. tial authortty and will not be lessness Through the Year 2000. • HIC will then send missions of evicted before final judgement has three people each to these cities to been made; discuss the findings of the reports • another piece of land close to For only $15. 00, you can have with different government and non their place of work will be desig your very own copy. To order, govemment representatives and, if nated for their resettlement; complete the order form on the necessary, to make additional • they will be involved in the plan enquiries. At least one of the ning of their resettlement; and Bookstore page and send it along people taking part in the missions • they will receive compensation for with your cheque or money order should be from the region where loss of property. to: CHRA, P.O. Box 3312, Sta the city is situated, and at least tion D, Ottawa, Ontario KlP 6H8. one should be a national or inter Inquiries: (613) 594-3007. national well-known personality. This item has been reprinted with permis • The information obtained will be sion from NGO News on Human Settle submitted to governments and ments, No. 2, 1988. Spring/Printemps 1989, Vol.6, No.1 55 THE HUMAN SETTLEMENTS UBC UNIVERSITY OF BRITISH PUBLICATIONS ~ COLUMBIA HOMELESSNESS SETTLEMENT PLANNING J.D. Hulchanski, ed. Managing Land for Housing: The H. P. Oberlander and A.L. Fallick G. Hodge, with J.B. Collins Experience of Housing Cooperatives ln Homelessness and the Homeless: The Elderly In Canada's Small Towns: B.C., 1983, $8.00 Responses and Innovations, 1988, $15.00 Trends and Implications, 1987, $8.00 R. Alterman H.P. Oberlander and A.L. Fallick D. Morley and A. Shachar, eds. Land Value Recapture: Design and Shelter or Homes? A Contribution to the Planning in Turbulence Evaluation of Alternative Policies Search for Solutions to Homelessness in 1986, $10.00 1982, $8.00 Canada, 1987, $10.00 V .S. Pendakur Urban Growth, Urban Poor and Urban GOVERNANCE Transport In Asia, 1986, $8.00 P. Trivelli Access to Land by the Urban Poor: An H. Symonds and H.P. Oberlander, eds. Proceedings of a Seminar of Experts Overview of the Latin American The Meech Lake Accord: The Impact of Small-Scale Production of Building Experience, 1982, $8.00 the 1987 Constitutional Accord on Materials in the Context of Appropriate Canadian Settlements, 1988, $12.00 Technology, 1986, $10.00 S.S. Yahya Land for Human Settlement: A Review H.P. Oberlander and A. Fallick, eds. H. Blumenfeld of the African Experience, 1982, $8.00 The Ministry of State for Urban Affairs: Secular Changes In Settlement Patterns A Courageous Experiment In Public 1985, $8.00 S.T. Wong, J.O. Akintola-Arikawe, F. Administration, 1987, $12.00 Barrass, G. Geisse, and B. Berdichewsky H.P. Oberlander and A.L. Fallick, eds. Land, Its Role In Squatter Communities G.E.Cherry Intermediate Settlements: Planning and in Asia, Africa, and Latin America British Planning Under Thatcher: An Management within a Spatial Strategy 1982, $8.00 Assessment of Planning In the Eighties, 1985, $9.00 1987, $8.00 M. Hill H.P. Oberlander P.Self Israel's Neighbourhood Renewal Land and Human Settlement Polley: A The Role and Limitations of Metro Program: A Case Study Approach Review and Analysis of Selected Recent Government in Creative Urban Planning 1985, $8.00 Policy Developments, 1982, $8.00 1987, $8.00 W. Michelson L. Baron, T.G. McGee, F.W.H. Dawes, and TRAINING Density and Livability - People and Place W.T.Lane 1984, $8.00 Land and Squatter Communities: A H.P. Oberlander Strategic Relatlonshlp, 1982, $8.00 Barefoot Planners: Training Activities in P. Hall Developing Countries, 1987, $8.00 Urbanization: Distribution and Realignment of Settlements, 1984, $8.00 ORDERING INFORMATION H.U. Bijlani, P. Trivelli, J.F.C. Turner and S.S.Yahya L.S. Bourne and J.W. Simmons Copies may be ordered, accompanied by Habitat Worker: Training for Urbanization: Canadian Perspectives on cheque, money order or purchase order, Community Based Human Settlement Urban Growth and Decline, 1984, $8.00 from: Improvement, 1985, $9.00 LAND POLICY Human Settlements Publications H.P. Oberlander, ed. Centre for Human Settlements Along the North/South Axls: Sharing H.P. Oberlander 2206 East Mall Responslbllltles and Roles for Training In Land: The Central Human Settlement The University of British Columbia Planning and Development, 1984, $9 .00 Issue, 1985, $15.95 Vancouver, B.C. V6T 1W5 UBC Centre for Human Settlements J.D. Hulchanski, Director Spring 1989 56 canadlan housing habitation canadlenne ARTICLE Housing Rights Take Root Across the Globe by Scott Leckie Abstract National housing rights campaigns are at foot in India, The United Kingdom, throughout Asia, and in canada, with the Indian campaign being the most organized and dynamic. This article not only documents the various campaigns emerging around the world but also discusses their importance in the context of housing rights, Resume Des mouvements nationaux de defense du droit au Jogement sont sur pied en Inde, au Royaume-Uni, dans ]'ensemble de l'Asie et au canada, mais la cam pagne menee en Inde est la mieux organisee et la plus dynamique. Cet article decrit non seulement Jes diverses campagnes qui sont menees dans le monde ender, mais il analyse leur importance dans le contexte du droit au Jogement. Ir the past two years are anything to others have found only the plugged ears of rights obligations of the Indian government. judge by, then vociferous demands con government officials. In an effort to perrrianently halt evictions cerning the human rtght to housing are The National Campaign for Housing and to sustainably guarantee adequate here to stay. From India to the United Rights (NCHR) in India probably represents shelter for all, the campaign has spent a Kingdom and from Canada to South East the most organized and dynamic move good deal of its energies drafting and dis Asia, housing rtghts campaigns have devel ment of this type. Although the NCHR was cussing possible legislative changes. Its oped from intellectual ideas to concrete only formed some two years ago, the central demand is the insertion of an realities. While these varied movements scope and ortginality of its actions are amendment explicitly recognizing that "ev differ in many subtle ways, these distinc astonishing. On the one hand, the move ery person, woman, and man shall be tions are overshadowed in their common ment has campaigned against all fonms of guaranteed the right to a place to live in aims for the recognition and fulfiiment of forced evictions ~ an all too common fea security and dignity'' into the Constitution the rtght to housing. These nongovemment ture in the daily life of impovertshed Indi of India. In supporting its demands for initiatives are unique in that they each use ans. For instance, during the United legislative reform, the NCHR has published the discourse of human rights law in the Nations International Year of Shelter for a vartety of studies and 'approach papers,' context of adequate shelter. Traditionally, the Homeless in 1987, over 100,000 peo which outline in precise tenns how the the law has been seen (and continues to ple were forcibly evicted from their homes rtght to housing should be interpreted and be} not as a means toward achieving in Calcutta alone. If other large Indian ci what this right should legally entail. The greater social equity, but as a tool of the ties are included, the number jumps signifi points it has made thus far are perfectly dominant social interests by those active in cantly. Many legal strategies have been compatible with the social reality apparent the housing arena, particularly in the Third pursued by supporters of the campaign to in India and reflect a great deal of wisdom World. increasingly, however, NGOs, prevent or at least delay this most vicious - wisdom that should be accepted by the community-based organizations (CBOs), fonm of housing rtghts violation from tak current Indian government. lawyers, and others are beginning to per ing place. Occasionally, there are victories The United Kingdom, while suffertng ceive and use legal resources in the quest and acceptable settlements. Yet, increasing housing problems of a somewhat different towards improving shelter conditions across ly, physical protests against the evictors dimension than in India, also has had the the globe. Some housing rtghts campaigns are becoming the norm, as the courts con experience of a national housing rights have had measured successes, whereas tinue to tum a blind eye to the housing campaign. This movement was active be- Spring/Printemps 1989, Vol.6, No.1 5 7 fore the 1987 national election in Britian Two other interesting housing rights cam and is currently in the process of drafting and has since restricted its activities enor paigns are more extensive in their an international Charter on Housing mously. In contrast to the NCHR, the Brit coverage. The International Campaign for Rights that will eventually be forwarded to ish movement focused largely on Housing Rights of the Habitat International the UN for potential adoption by the discrimination in the housing sector. Coalition (HIC) spans the planet, while the General Assembly. Instead, the facist regime of Margaret Asian Coalition for Housing rights has The Asian coalition recently carried out a 111atcher has recently passed through members from 10 Asian countries. Each of fact-finding tour of South Korea several Parliament its own ''Housing Bill,·· which these groups are relative newcomers on the days before the Olympic games began totally ignores the suggestions made by the scene, representing broad approaches and there. Its findings concerning the housing rights campaign. Members of the activities aimed toward enhancing respect hundreds of thousands of persons forcibly campaign had minor successes in watering for the right to housing. evicted from their dwellings received down some of the more drastic language The HIC campaign has carried out fact widespread coverage. of the governments bill, yet these finding missions concerning mass and In addition to these various international amounted to meagre victories when com forced evictions, actively participated in the campaigns, an emergent housing rights pared to their more progressive urgings. human rights bodies of the United Nations, campaign is quickly gaining momentum in A to-nation coalition for housing rights established in Asia The Asian Coalition for Housing Rights (ACHR) was created experiences and knowledge toward these ends so as to realize at a Habitat International Coalition for Asia (HIC-Asia) meeting the fullness and wealth of the people of Asia. in Bangkok in June 1988. It was established by representatives In other words, the coalition can also serve as a positive agent from non-government and community-based organizations In 1O - as a bridge between government and the poor - in a process Asian countries Gapan, South Korea, Hong Kong, Philippines, to establish housing rights in relation to the people's way oflife Indonesia, Malaysia, Thailand, India, Bangiadesh, and Pakistan). in the Asian society. The coalition will bring together NGOs and CBOs throughout The coalition will carry out research and reflection on the deeper Asia. It will expand its membership from among those organiza meanings and implications of this "right to a place to exist," tions actively working for the housing rights of the poor. Even as well as on the forces (models of development, market tually, it hopes to develop into a coalition of the poor themselves. mechanisms, economic and political systems and structures) that The coalition is not just interested in shelter in the sense of a obstruct this basic right to decent housing AND the reasons why material physical building of cement, bricks, nalis, and wood, and how these mechanisms function and are so effective. Much less does it look at a house as a commercial commodity The strategy ls to articulate in every way possible (publica whose main value is its price-tag. The coalition is interested in tions, mass media, solidarity actions) the results of this communal the rights of the poor to live in peace and dignity; their rights reflection and research. to a PLACE TO EXIST, even if they can only exist poorly (as The goal is to change the way people look at and think about poor people). The group is aiso interested in the model of develop housing so that evenrually governments will also see housing ment prevalent in developing countries, as well as the market in a new light; not as a means of quick profit for a few but as mechanisms that not only deny the poor their rights to a place an area worth huge (financial but non-profit) investment, since where they can exist but also ignore and destroy the cultures security in housing is an indlspensable means to achieving genuine of Asia. national security and development. This culture ls preserved among the poor and sustained by the In short, the coalition hopes, through collaboration and solidarity deep-rooted values, structures, social order and reiationships, and actions with its partner coalitions in Africa, Latin America, North the inherent (although informal) legal order that regulates the rich America, and Europe (all are regional affiliates of the Habitat Inter community life of the poor. national Coalition, or HIC) and through the co-operation of many Everyone admits that housing is a basic need. Oddly, few make national and international bodies and organizations to bring about the connection that, therefore, it is also a basic right. ACHR views the full implementation of ''housing as a basic human right'' so housing as a basic hmnan right concomitant with and inseparable that every man, woman, and child can live in and with a sense from the most basic of rights; the right to exist. of security, peace, and human dignity. The coalition is also aware of the tremendous role women have An action-oriented coalition, ACHR is affiliated to HIC-Asia and in the area of human shelter, as well as their great agony in the has established a secretariat in Bangkok, as well as national con face of increasing evictions and displacements of huge numbers tact points in each of the 10 member countries. In addition to of people all over Asia and the rest of the world. its activities in the areas of regional research and training, The coalition commits itself to articulate and promote the aware documentation/distribution, hotline, and campaigns, ACHR will ness of people's laws and their rights to housing; to assist the continue to have an ongoing targeted project for which a package poor of Asia to put an end to evictions and dlsplacement of people; of concrete regional actions are adopted and launched upon. to define and achieve the housing rights of all; to share (Editor's note, This item is part ofa brochure being distributed throughout Asia announcing the recent fonnatlon ofa coali tion of organizations /tom 1O Asian countries that will cam paign for housing rights. Further information can be obtained by writing to; Asian Coalition for Housing Rights, P.O. Box 24-74, Klonchan Bangkapi, Bangkok 10240, Thailand.) 58 canadlan housing habitation canadienne Canada. Although no formal arrangements have been made, it is clear that interest in the notion of a human right to housing is greater than ever before. As homelessness becomes more evident, as rents shoot upward, as housing prices soar, and as housing choice plummets, the permanent need for a right to housing becomes all the more Spring/Printemps 1989, Vol.6, No.1 59 cost, earthquake-resistant construction Ontario, feds set up joint methods. There is also a project to improve latrines in Luanda for refugees from South housing team Africa's war on Angola. 25 ans de luttes pour A joint housing team, set up recently by the The foundation is now considering new sauver nos logements et newly appointed federal housing minister, Alan projects in Chile, Southern Sudan, Kenya, and Redway, and his Ontario counterpart, Cha viva Colombia. CIDA has again been approached nos quartiers Hosek, will be working at easing the province's for funding to complement the fundraising housing shortage, in particular the crisis in efforts of coalition members. Other proposed A l' occasion de son dixieme anniversaire et Metro Toronto. activites include advocacy to increase govern du vingt-cinquieme anniversaire des premiers The two ministers also believe this team is ment and NGO support for Third World shelter, comites de citoyen-ne-s, le Front d'action a first, positive step toward improving relations public education and information-sharing populaire en reamenagement urbain (FRAPRU) between the two levels of government. The among active groups, and participation in inter vient de publier une brochure de 60 pages, team of senior housing officials will be working national shelter coalitions. abondamment illustree, rappelant les grands at ironing out differences between the two - moments de l'histoire des resistances pour le and to find a way for the federal government For more information contact Bany droit au logement et la survie des quartiers (which claims its role in housing is limited) to Pinsky, Rooftops canada Foundation, 22 populaires au Quebec. keep its still unfulfilled promise to help build Mowat Avenue, Suite 100, Toronto, On reste ici temoigne des efforts de ces fem more non-profit and co-operative housing Ontario M6K 3ES; (416) 538-7511. mes et de ces hommes qui, du quartier Pointe projects. Saint-Charles de Montreal au quartier Saint Sauveur de Quebec, de Hull a Sherbrooke, de la C6te-Nord aux Bois-Francs, de la rue Saint~ Norbert a l'1Iot Overdale, des comites de Federal government may citoyen-ne-s au FRAP RU, du mouvement coo Canadian coalition peratif en habitation aux locataires de HLM, establish loan fund ont pris le parti de !utter. supports Third World A large fund that could be loaned to groups On reste ici s'adresse a tous ceux et celles qui s'interessent au mouvement populaire a shelter projects wanting to build non-profit housing is one initiative being sertously considered by the fed son histoire. On peut se la procurer au coflt Using blocks and roof tiles from their own eral government. The fund could consist of de 5 $ (plus 1.14 $ pour les frais de poste) en workshop, the residents ofKariobangi Housing land or money and would be similar to Metro communiquant avec le FRAPRU, 1212, Co-operative built two new courtyard buildings Toronto Housing Company's revolving fund. rue Panet, local 318, Montreal, H2L 2Y7: in their shantytown home near Nairobi, Kenya. The federal housing minister talked about this (514) 522-1010. The buildings will house six local families. But proposal shortly after a press conference sched more importantly they will help prove to uled by a national coalition of housing activists, Kenyan lenders and municipal authorities that held on March 14. The coalition, called the the co-operative's plans to house its Election Agenda on Canadian Housing, is 500-member families are worth financial sup made up of six groups, including the canadian The citizenship-housing swap port. Assistance to set up the workshop and Housing and Renewal Association. Canadian citizenship can be used as a lure build the demonstration units was provided by to entice offshore investors to build homes for Canadians. the poor, the B.C. government says. In a bid Following the recommendations of last year's to increase low-rental housing and attract Ottawa lYSH conference, a coalition of Cana Saskatchewan's rural entrepreneurs to Canada, the government dian housing organizations is working to con wants the federal government to admit foreign tinue canadian support to overseas initiatives, housing programs investors who agree to build apartment blocks. such as the Kariobangi co-operative. Member under review Under the proposal, investors would be organizations include the Canadian Housing allowed into canada if they invested $250,000 and Renewal Association, Canadian Institute Saskatchewan is participating with CMHC in in an apartment building where 30 per cent of Planners, Co-operative Housing Foundation a review of its rural housing programs. of the units are low rental. of Canada, Oxfam Canada, Rooftops canada, jack Klein, minister in charge of the Saskatch The low-rental units could not be resold then Development Workshop, and Shelter ewan Housing Corporation, was quoted as for at least seven years. The prpgram admits Unlimited. saying, "Substantial opportunities exist to entrepreneurs who have a net worth of The coalition operates as the Shelter for the better meet housing needs in Saskatchewan, $500,000 and are wiiling to invest $250,000. Homeless Foundation, a non-profit charity. particularly in the north. This comprehensive The federal government has been reluctant With assistance from the Canadian Interna evaluation will provide a strong base for deci to allow people to immigrate based on invest tional Development Agency (CIDA), the foun sions in the programs' future management." ments in residential real estate, but it is dation provided assistance to Kariobangi and A comprehensive review will be undertaken interested in looking into the merits of the B.C. seven other IYSH projects, now complete or of rural housing programs supported by fed proposal. nearing completion. These projects support eral and provincial governments in canadian But the provincial New Democratic Party local efforts to find solutions to the shelter crisis communities with a population of 2 ,500 or less. thinks the policy is little more than a delayed in the Third World. The programs currently house some 3,000 low form of land speculation because the province Other examples include a new house in a income families in Saskatchewan, living would allow the apartments to be sold after Chilean shantytown built to demonstrate low- predominantly in the north. seven years. 60 canadian housing habitation canadlenne THE INTERNATIONAL HOUSING SCENE Planners launch pay UN global strategy on campaign Alberta firm receives grant shelter formulated The United Nations Commission on Human The canadian Institute of Planners (CIP) has to study air quality Settlements recently formulated a proposed asked all its members to donate one hour's pay Global Strategy for Shelter to the Year 2000, to groups involved in canadian housing issues. Through Alberta Municipal Affair's Innova which was adopted at its 11th session held in "IYSH captured our attention," said Execu tive Housing Grants Program, a $25 ,000 grant New Delhi, India, April 6-12. The strategy tive Director David Sherwood. was recently awarded to B & W Technologies. articulates the principles and implementation "As planners, we are well aware of the plight The Calgary-based company is to develop a approach for such a concerted effort. The main of the homeless. That is why our board decided residential ventilation controller that will reduce features are as follows: to work with the Shelter for the Homeless costly over-ventilation yet optimize indoor air • Objective - to facilitate adequate shelter Foundation.'' quality. for all by the year 2000, with particular focus CIP members already support one founda The monitor will control indoor air quality by on improving the situation of the poor and tion project - the Women's Construction Col regulating air exchange and will measure the disadvantaged. lective in Kingston, Jamaica. Although planners concentration of any existing gases. At a crit • National action - to act at the national chose this project before the recent Hurricane ical level, the monitor will trigger air exchange. level, with each country developing its own Gilbert, it is parricularly timely. According to Prototypes should be ready early next year. appropriate national shelter strategy, and con Sherwood, "the project is also a chance to centrate plan of action in the light of guide build direct contacts in Jamaica, which will rein lines articulated in strategy. International force our efforts to work with Caribbean action should thus be directed at supporting planners." national action. CIP is keen to build links with Third World • "Enabling" approach - the public sector planners. The Canadian group will host the should concentrate on those areas of invest Secretariat of the Commonwealth Association ment (e.g., infrastructure provision), which of Planners from 1988 to 1992. The institute people are usually not able to provide for them is also developing exchanges with China, selves, while encouraging and facilitating the Indonesia, and Caribbean countries. shelter-production efforts of other participants, including the private sector, formal and in formal, small entrepreneurs, civic and commu nity groups, voluntary organizations, and pri Housing starts second highest in 10 years vate individuals. • Intemational economic framework - the pursuit of adequate shelter becomes not SEASONALLY ADJUSTED HOUSING STARTS soley a means of satisfying a fundamental JAN. 1983 TO FEB. 1989 human need, but also a framework for •oo integrating and advancing national economic and social development objectives. The ·~ strategy offers a development agenda through ·~ which developing countries can begin to master their international debt problems and free T H "' themselves of foreign-exchange constraints to 0 u development programs. '" • Innovative approach to resource 'A •oo mobilization - vigorous promotion of selfc 'D sufficiency in the shelter sector and maximum ' ·~ use of indigenous human and natural resources are needed. Furthennore, the fundamental "' premise is that shelter production will be "" financed by national capital, mobilized through a variety of credit and investment institutions '"JAN.83 JAN.84 JAN,os .JAN.86 JAN.87 JAN.80 JAN.09 responding to the needs of all target groups. Multilateral and bilateral inputs, both technical and financial, from governments and global Homebuilding activity in Canada in 1988 was requirements. and regional funding institutions, should be at the second highest level since 1978. This strong performance stems mainly from designed strictly to support and supplement According to statistics released by CMHC, the strong economic growth in many regions national capacities. preliminary housing starts for 1988 were of the countiy, low apartment vacancy rates, • The contribution of women - the 220,436. While this is a decrease in activity and a record-breaking pace in home resale strategy recognizes the crucial role played in of 1o per cent from the 198 7 level of 245, 986 markets. These factors have combined to this sector by women, as income-eamer,s, units, it clearly represents an above-average stimulate housing activity, despite a moderate homemakers, and heads of households. year and exceeds long-term .housing increase in mortagage interest rates in 1988. Spring/Printemps 1989, Vol.6, No.1 61 UNITED STATES The "social deficit" of a country by Helen Sause It's a new ball game in Washington, D.C. While the team has not changed, the players have. We have a new president, who has called for a "kinder, gentler" nation. That goal is impossible unless our country is better housed in better neighbourhoods. The federal budget deficit - the Reagan legacy - is thwarting every effort toward addressing the "social deficit." Therefore, we must continue to press for a resolution of that problem. It is now time to recognize the severity of the fiscal deficit and its pervasive impact on all aspects of the quality oflife in our communities, and let the new Bush administration and Congress know that we want this problem dealt with effectively and expeditiously, and that the only way to address it is to increase revenues. Unless this action is taken, no one will seriously address the need to adequately fimd domestic programs. America has a crisis. This crisis is seen in the visible plight of the homeless, including increasing numbers of families, the less visible, who make up the ever-growing number of households living in inadequate and substandard housing, and the swelling numbers of families living at and below the poverty line, who can't afford to rent housing even if it is decent and available. The 70 per cent reduction in HUD funding, the loss of revenue-sharing, and the effect of the 1986 tax law changes on development and maintenance of multi-family units have been devastating. NAHRO has told Secretary Kemp that we believe we are entering into a new era of partnership within our industry. We need a strong federal partner. Due to the federal government's withdrawal from housing and community development in recent years, an unprecedented creativity and resourcefulness linking states, localities, public housing authorities, community development agencies, non-profits, and the private sector has occurred to provide affordable housing and stable, revitalized communities. With a srrong, recommitted federal partner, great progress can be made in our efforts to provide decent, affordable housing and better communities for all Americans. We are poised at a threshold of opporrunity for focused partnerships between government - local, state, and federal - and the private sector, both for-profit and non-profit, in putting housing and community development high on the national agenda. We have a new HUD secretary, who everyone acknowledges is committed to addressing the problems of the poor and ensuring that HUD is "out in front." The key is how to marshall all of this willing and creative talent, and the resources they command, to make a positive impact on solving the housing crisis for low-income persons. The housing crisis has produced an array of new players - and old players playing the game differently - in the hope of producing or rehabilitating housing for the poor despite the impediments facing us. These activities need to be co-ordinated and in some cases facilitated, even fimded, by a local government or quasi-governmental housing provider to ensure efficient and effective use of the various tools that can make low-income housing possible. The local housing authority, redevelopment agency, or office of housing could become that entity. Even with the attention now being given to the housing crisis, it will probably result only in a federal budget for FY '90, which fairly well holds the line with no new cuts in our programs. This is not enough. Several areas need priority attention. These include the following: 1) Maintaining the existing housing stock: Our government partners must work to maintain the inventory of assisted housing we have developed for low-income persons over the last 50 years. This inventory is on the brink of being lost or significantly reduced. Much of the inventory of 1. 4 million units of perruanently available rental housing in the public housing program needs major repair and continuing maintenance. It is too valuable a resource to let lapse into a permanent state of disrepair. The federal government must adequately fund its modernization and ongoing maintenance. The programs we deal with and the segment of society we serve are victims, not the cause of the problem. As well, a variety of other programs assist some three million additional households. To varying degrees and at varying times over the next 10 years, the assistance or the use restrictions for these programs will expire. We cannot afford to lose these housing resources. We must also face the problem of the continuing loss of privately owned, non assisted affordable housing to abandonment, conversion, and demolition without replacement. Two million units have been lost in this fashion since 1974. 2) Drug abuse: This insidious problem is reaching all comers of our society but disproportionately affects the poor, declining neigh bourhoods, and some of our assisted housing developments. To effectively deal with this issue requires money, education, creativity, and co-operation by several entities. Again, we need to forge partnerships. 3) Resources for building partnerships: The 1986 tax revisions pulled the rug out from under many of our partners and potential partners because the federal tax code now lacks incentives for investment in low- and moderate-income housing. We need to restore those incentives. We need to create and fimd a production program. If we address these priorities and if the President and Congress agree on a solution to the deficit problem, then we will be able to address the surging demand at the local level for assistance and programs to solve the social deficit. Helen Sause is President of the National Association ofHousing and Redevelopment Officials, CHRA 's counterpart in the United States. This article is from a speech she delivered at NAHRO's Legislative Assembly in Februaiy. 62 canadian housing habitation canadienne home with family caregivers until the frnal once or twice a week and for more than a cou CURRENT stage of the disease is reached. ple of hours. Symptoms of Alzheimer's include cognitive, Other necessities for caregivers were revealed behavioural, and physical changes. Not all per in their uncensored comments. The most ar RESEARCH sons with Alzheimer's have the same symp dent appeal was for help: help from social serv toms, which can vary from individual to ice agencies to provide more assistance in the NOTES individual and with the stage of the disease. form of well-trained home helpers: help from The main cognitive changes characteristic of doctors (many of whom appear to be unaware Alzheimer's disease include: gradual memory of the realities ofliving with the disease) in ac loss, especially recent memory; impairment of cessing support services and in finding place Housing Alzheimer's judgement; marred visual perception, especial ment for Alzheimer persons before total disease at home ly depth perception: a decline in the ability to caregiver burn-out: help from families, friends, learn and react and to carry out routine tasks; and neighbours, even with the smallest tasks, by Nancy Gnaedinger loss oflanguage skills and abstract reasoning: most of which can become onerous when try and disorientation. ing to carry them out with an Alzheimer pa Typical behavioural changes are: agitated, tient in the house; help from govenunent in The purpose of the study was to fill a gap persistent, purposeless behaviour, such as the form of subsidies or reimbursement of ex in current knowledge about housing and liv wandering and rummaging; changes in sleep penditures by families who are housing peo ing with Alzheimer's disease. The existing liter patterns (typically getting up in the night): ple with Alzheimer's disease at home. ature tends to be either about institutional quickness to anger, often directed at the settings, when addressing the issue of design primary caregiver; demonstrated fear of dark~ Nancy Gnaedinger is an Ottawa-based or physical concerns, or about emotional and ness and of being alone; and a marked deteri consultant in gerontology with a activity issues, when addressing the issue of oration in personal grooming habits. particular interest in the housing ofand caring for a person with Alzheimer's disease' Although many persons with Alzheimer's re for seniors. at home. Little consolidated information is main physically fit well into the advanced available about the practical, physical changes stages of the disease, others experience such that private caregivers make to their dwellings physical changes as a loss of muscle strength "behind closed doors." (and the resulting need for a walker or wheel At least three groups of people could benefit chair) and a tendency to stumble (related to from this kind of information: caregivers of loss in depth perception, for one thing) and people with Alzheimer's, who could learn from thus experience unexplained ''very heavy'· others' creativity and strategies; policy falls. Alzheimer victims eventually become in makers, who need to be aware of the ex continent and totally incapable of caring for Participation requested on perience of caregiving for such people in themselves. accessory apartment domestic situations; and architects, so they may learn about the spatial and safety needs Findings study of a special user group. Several themes emerged from the research Patrick H. Hare Planning and Design, findings. First, the need for constant surveil with the support of the American Associ lance or supervision of the person with Al Research methods ation of Retired persons, is conducting a zheimer's disease, as a basic safety precaution study on the experience of communities The research methods included a literature before and after all else was reported. In ad that have changed their zoning review, telephone interviews with key infor dition to this vigilance, a number of practical ordinances to permit the installation of mants (such as the executive of the Alzheim safety precautions had been taken in many accessory apartments. er Society and social workers familiar with households, such as: the installation of extra The survey results will help other com Alzheimer households), a national survey of locks on exit doors; the removal of dangerous munities whether to change 1,000 randomly and anonymously chosen objects or substances: the regulation of appli assess or not their zoning ordinances and how. This members of the Alzheimer Society (by mail ances with the potential to cause bums or fire will be of great benefit to older out questionnaire), and 25 in-situ interviews (for example, by removing fuses from the homeowners, in particular, who need with current or former caregivers of Alzheim stove, lowering the hot water temperature, and assistance in staying in their homes and er's disease persons living in all five regions putting a lock on the thermostat): the going aging in place. of canada. Questions asked in both interviews for a drive was reported to be the most suc Ifyou are a local planner, housing advo and questionnaires fell into three general areas cessful way to prevent or reduce the agitation cate, aging specialist, or in a community of concern: safety and security; orientation and that is characteristic of Alzheimer's disease. that permits accessory apartments, please agitation; and caregiver needs. Caregivers expressed the same needs over wtite to the address below for a copy of and over again. The need for ''a room of one's the short survey form. Respondents will Information on Alzheimer's own'· - a place to lock oneself away and rest receive a free copy of the survey results. Alzheimer's is a progressive, degenerative or read or cry with frustration and exhaustion Contact: Accessory Apartment Survey, disease that attacks the brain and results in - was declared repeatedly. Equally important Consumer Affairs, AARP, 1909 K Street impaired memory, thinking, and behaviour. It or more important than this private space, N.W., Washington, D.C. 20049, U.S.A. is recognized as the most common cause of however, was the strongly communicated need dementia and affects an estimated 300,000 for respite, for the opportunity to get away Canadians. Most Alzheimer patients live at from the Alzheimer household more often than Spring/Printemps 1989, Vol.6, No.1 63 stock. It was agreed that more infonnation is Saskatchewan mortgage plan needed on the condition of the rental stock in the country, particularly the high-rise stock and The Saskatchewan Mortgage Protection Plan IHM conducting spring lecture the stock in non-urban areas. Improved will be more than $2-million over budget this knowledge of the condition and qualitative year, latest government projections indicate. series changes in the housing stock is of great impor While $4.8 million was originally put in the tance to municipalities intent on improving the 1988-89 budget for the program, it is now esti The Institute of Housing Mangement (IHM), living conditions of their populations through mated the total cost will be $ 7 million by the in conjunction with the Ontario Ministry of local and senior government program initia time the fiscal year ends on March 31. Housing, is sponsoring five full-day seminars tives. Such infonnation must be collected on The program provides government subsidies for building owners and property managers a regular basis. on the first $50,000 of home mortgages, so across the province. This year's lecture series Societe d'habitation du ouebec circulated an will that the effective rate of interest not exceed will be held in Sudbury (May 31), London excellent brief to the deleg~tes on the need for 9.75 per cent. (June 5), Hamilton (June 6), Toronto (June 8), a new survey instrument and methodology to While _one-year mortgages are available at and Ottawa (June 16). Each location offers a obtain better data on the quality of housing. 12 per cent (or a fraction of a percentage point unique blend of topics geared to everyone Copies of this brief can be obtained from the higher in many cases), rates were about 10 per involved in design, construction, building CHRA office. This proposal and the other sug cent when the provincial budget was management, and maintenance in both the pri gestions made at the symposium will be for introduced last March. vate and public sectors. warded to CMHC' s National Housing Research The increased rates are making more people Some of the topics to be covered include: Committee and its working groups on renova eligible for the program with each passing credit and collection procedures; energy tion and housing statistics. month. management control systems; lighting for For more information, contact Stan Wilder, energy management and security; and City of Ottawa Housing and Property Depart implementing a unified management strategy. ment, at (613) 564-8448. IHM has spared no expense to provide CCBOA Bulletin speakers who are noted experts in their own off the press fields. Each topic is designed to be both infor mative and entertaining. Ontario revising rental act The inaugural issue of the CCBOA Bulletin A new act (Bill 211) to replace the existing appeared this past January, with the next edi For further information about the lecture series, contact Cindy Woods, co Rental Housing Protection Act is before the tion slated for mid-summer. The billngual Ontario legislature and will apply generally to ordinator, at (416) 467-1200. bulletin is being circulated to members of the rental property in municipalities designated by Council of Canadian Building Officials Associ the regulations made under the act. The bill ations, as well as other interested individuals. also enlarges the definition of "rental unit'' to Inquiries can be made to: Ron Greene, Editor, include vacant premises that have been previ CCBOA Bulletin, c/o Building Regulations Divi Meeting on renovation ously used as rented residential premises. sion, City of Calgary, P.O. Box 2100, Station M, Calgary, Alberta T2P 2M5. data On March 16, 1989, a meeting organized by .QbftAAtY / .. CMHC and Societe d'habitation du Quebec was 'Milttiii held in Montreal to discuss how to improve ;Reret Appointments the collection of data on housing quality and • ~;~r ~~,·~h at)Jlr~.])attle. Withcanq;or. H~w~ ••· Tom Cochren is the first "small" pared a report for CMHC and SHQ on residen ro0xea~9f~ge.0 .• •·•···.>······;••.. ·. i builder to head the Canadian Home tial renovation data. (Copies of this report are .s• 11: p~er !or piaiiYyears WltJi MJ1.1_,_ . Builder's Association. Elected in February available from CMHC.) ·.· PID01lµd' 0!'!'~r 64 canadlan housing habitation canadlenne posium of the Canadian Housing and Renewal sion, P.O. Box 785, S-801 29 Gavle, Sweden; Calendar ICalendrier Association. May 28-31, Quebec City, Quebec. +46 26-10 02 20. Information: 21st Annual Symposium, CHRA, #1-20 Rochester Street, Ottawa, Ontario KlR September/septembre 1989 7V3; (613) 594-3007. IAPS, the International Association for the Study of People and their Physical Sur May/mai June/juin roundings' housing Studies network will be holding a meeting, with the theme "The "Downtown - The Next Decade," the 8th "Social Theory and the Production of the Built annual conference of the Ontario Business Environment:·' conference to address com Meaning, 1mportance, and Use of Home and Neighbourhood." Gavle, Sweden. Information: Improvement Area Association. May 6-9, parative perspectives on the role of the state and the market in the provision of housing and Gilles Barbey, 11 Bd. de Graney, 1006 Holiday Inn, Sault Ste. Marie, Ontario. Infor mation: OBIAA Conference, Suite 206, inner-city revitalization. Budapest, Hungary. Lausanne, Switzerland. 2349 Fairview Street, Burlington, Ontario Information: Wlliem van Vliet, College of En "Healthy Buildings '88," conference of the L7R 2E3; (416) 634-5888. vironmental Design, Campus Box 314, Univer lnternational Council for Building Research, sity of Colorado, Boulder, Colorado Studies, and Documentation. September 5-8, ''Gender and Aging'' conference organized by 80309-0314. Stockhohn, Sweden. Information: Swedish the Women's Studies Programs of Wilfrid "Ontario Tenants Organize:" Three-day Council for Building Research, S: Goransgatan Laurier University and the University of training session for tenants, tenant organizers, 66, S-11233, Stockholm, Sweden: +46-8- Waterloo. May 12, St. Jerome's College, and tenant advocates. June 9-11, McMaster 546040; telex: 10398. Waterloo, Ontario. Infonnation: Juanne darke, University, Hamilton, Ontario. Information: "Housing Problems in the 1990s." September Co-ordinator, Women's Studies Program, Metro Tenants Legal Services, 410 - 720 Spa 18-22, Prague, Czechoslovakia. Information: Wilfrid Laurier University, Waterloo, Ontario dina Avenue, Toronto, Ontario MSS 2T9. Jurgen Friedrichs, Institute fur Soziologie, N2L 3C5 (519) 844-1970, ext. 2516. Universitat Hamburg, Sedanstrasse 19, Annual conference of the Federation of Cana D2000, Hamburg 13, West Germany. "Building Partners Within the Housing Com dian Municipalities. June 9-12, Vancouver, International Conference on Municipal Code munity:'' hosted by the Rural and Small Town B.C. Information: Birte Ertmann, FCM, 24 Clar Research and Studies Program at Mount Alli Administration, Building Satety, and the Com ence Street, Ottawa, Ontario K!N 5P3: puter, hosted by the Manitoba Building Offi son University, canadian Council on Social De (613) 237-5221. velopment, and New Brunswick Steering cials Association, Inc. and jointly sponsored Committee on Housing Coalition. This confer by the World Organization ofBuilding Officials, ence will provide a setting in which participants July /juillet Council of canadian Building Officials Associ from all sectors of the housing community Fifth international "Making Cities Livable" ations, Building Officials & Code Adminis (planners, non-profit groups, church organi Conference. July 4-8, Venice, Italy. Informa trators International, Inc., International zations, service clubs, housing and building tion: Suzanne Crowhurst Lennard, Making Ci Conference of Building Officials, Southern professionals, developers, the real estate in ties Livable Conference, Box 7586, Carmel, Building Code Congress International Inc., and dustry, architects, and consumers) can begin California 93921; (408) 626-9080. National Fire Protection Association. Sep a dialogue on how to build partnerships wi tember 24-28, Holiday Inn Downtown, Win thin the housing industry. May 17-19, Mount nipeg, Manitoba. Information: Charles Allison University, Sackville, New Brunswick. August/aoftt Maximilian, President, Manitoba Building Offi Information: Ron Corbett, Senior Research As cials Association, 510 - 401 York Avenue, International Conference on Rural Low-Cost sociate, Rural and Small Town Research and Winnipeg, Manitoba R3C OPS; (204) Housing, hosted by the Department of Housing Studies Program, Mount Allison University, 945-3510. of the Republic of Malawi, in association with Sackville, New Brunswick EOA 3CO; UNCHS (Habitat), the Overseas Development (506) 364-2393. October/octobre Administration, and the Building and Social Ontario Non-Profit Housing Conference. The 21st AGM of the Co-operative Housing Housing Foundation. August 1-6, Lilongwe, October 3-6, Kingston, Ontario. Information: Foundation ofcanada. May 25-28, St. john's, Milawi. Information: Chief Housing Officer, (416) 392-3613. Newfoundland. Information: Linda Stephen Department of Housing (OPC), P.O. Box son, CHF, 275 Bank Street, Suite 201, Otta 30548, capital City, Lilongwe 3, Milawi; Telex: NAHRO's National Conference and Exhibition. wa, Ontario K2P 2L6: (613) 238-4644. 4389 MI (Housing). October 15-18, Seattle, Washington, U.S.A. 1990 Builder education symposium, sponsored by "The Meaning and Use of Home and Neigh the Canadian Home Builders' Association of bourhood:'' international housing symposium "The Key to Housing for All: Public/Private British Columbia. May 26-27, Westin Bayshore organized by the National Swedish Institute for Partnerships" is the theme of the Third Inter Hotel, Vancouver, B.C. Information: Keith Building Research with the International national Shelter Conference, being organized Sashaw, Executive Director, CHBA-BC, Association for the Study of People and their by the National Association ofRealtors. April, 3700 Wlllingdon Avenue, Burnaby, B.C. V5G Physical Surroundings, and the Swedish Washington, D.C. Information: john Howley, 3H2; (604) 423-7112. Association for Architectutal Research. August Vice-President, Policy Planning and Interna 21-23, Sweden. Information: Ms. Gun Frank, tional Affairs, National Association of Realtors, ''Access to Housing: A Continuing Involve Secretary of Studies, National Swedish Insti 777 14th Street, N.W., Washington, D.C. ment" is the theme of the 21st Annual Sym- tute for Building Research, Information Divi- 20005; (202) 383-1033. Spring/Printemps 1989, Vol.6, No.1 65 types de plaques de pliltre a haute capacite looking forward to the challenges of his new thennique"/jean Paris: "Development and post. Co-operation and openness not only with ~ operation of transition houses for battered the provinces but with housing groups and the women'' /Evelyn Peters; ''A comparison of co housing industry itself will be important con Shelter Unlimited operative and other non-profit housing options siderations in meeting these challenges, said Employees at canada Mortgage and Housing for older Canadians'' /Barbara Sanford; ''Eco the Honourable Alan Redway, who is Corporation have teamed up with an active nomic consequences of divorce on families representing York East, Ontario. group of CMHC retirees to fonm Shelter owning a marital home" /Dana Stewart-Mallin; ''The government's commitment to targeting Unlimited, a non-profit organization aimed at "Criteria for the testing of wall sheathing for funds to those most in need will not change helping Third World housing initiatives. load-bearing steel studs" /Derek Tarlton: "Port nor will our commitment to meeting the Shelter Unlimited has selected a Central Maitland contour septic field revisited'' /Donald housing needs of canadians in every part of American housing project being sponsored by Waller; and ''Housing needs of single mothers the country," he was quoted as saying. another Canadian NGO, Horizons Development and their children" /David Wiesenthal. The new minister has been active in com Foundation. They have already started to The winners were recommended by a com munity and political life since 1972, when he inform their fellow employees and retirees mittee with representation from government, was elected aldenman for Ward 4 in the about the project, and fundraising will begin academic institutions, the professions, and Borough ofEast York in Metropolitan Toronto. soon. business. There were 75 eligible applications He was elected East York's mayor in 1977, According to board member Bob Anderson, submitted for consideration. a position he occupied until 1982. During this "this project will help us learn more about The results of research sponsored by CMHC period, he also served as a member of the shelter in developing countries and ways in are made available to industry, government, Metropolitan Toronto Executive Committee, which we can respond." and any individuals or institutions interested the East York Hydro Commission, and the in housing through the Canadian Housing Metro Toronto Budget Sub-Committee respon Shelter Unlimited is a member ofShelter Information Centre. The research contracts are sible for the city's police budget. for the Homeless Foundation, the coali made under the authority of the National Redway has also taken a strong leadership tion ofcanadian groups supporting Third Housing Act, which permits the corporation to role in community affairs, serving as a key World shelter activities. support studies that will improve housing and member of Metro Toronto's Task Force on community planning in Canada. Youth Unemployment. He also established the East York Senior Citizens' Task Force and the first municipal committee to deal with race rela CMHC external research CMHC scholarship tions and multi-cultural issues. He currently sits program winners on East York's race relations and multi-cultural program committee. Twelve researchers from across canada have Before entering politics, he practised law for been awarded research contracts by CMHC for Seventy scholarships will be awarded by 20 years and was appointed Queen's Counsel research into various aspects of housing and CMHC to graduate students pursuing studies in 1977. community planning. in housing and related disciplines during the Redway has represented the riding of Don Alan Redway, Minister of State (Housing), 1989-90 academic year. The scholarships, Valley East since 1984. During his first tenm, said the contracts, awarded under the External awarded under the University Scholarship Pro he served as vice-chairperson of the House of Research Program, are ''intended to encourage gram for Graduate Studies, are made available Commons Standing Committee on Public private and not-for-profit sector researchers, on the basis of merit to students seeking Accounts and as a member of the standing as well as those employed in academic insti master's or doctoral degrees in programs committees on multi~culturalism and justice tutions; to carry out independent research of related to housing. and solicitor general. high quality." "Since the beginning of the program, over Members of CHRA will recall that Redway The research to be funded this year covers 40 years ago, almost $25 million has been participated in a three-party debate that was a range of subject areas that include housing awarded to almost 2,400 canadian students part of the association's 1986 annual confer questions affecting the elderly, the han studying housing-related discipllnes," Alan ence agenda. dicapped, and women; forecasting housing Redway, Minister of State (Housing), said when Redway is married to Louise Harvey, with demand: low-income housing policy; and tech making the announcement. whom he has two children, Kimberley and nical problems important for house building The budget for the 1989-90 academic year, Andrea. and development. The winning submissions including the renewal of existing scholarships, were as follows: ''Housing assistance versus is $1.65 million. income assistance'' /George Fallis; ''Field evaluation of weeping tile response" /Tom Field; ''Breaking down the discretionary use barrier'' /Malcolm Holt: ''Resident satisfaction New housing minister with retirement community living in welcomes openness Ontario"/Barry Lyon: "Demographic charac teristics and consumption of housing'' /Douglas Canada's new housing minister, who has Mccready; "Evaluation comparative de trois always taken an active interest in housing, is 66 canadian housing habitation canadienne what canadians wanted done with their future, but what has become common The Canadian dream tax dollars. So this government is now place today is usually the fruit of earlier directing all social housing funds to those work. It's easy to forget that through in real need. national research we've manged to pro In 1988 about 20,000 new housing vide practical solutions to some important units were built for low-income seniors, building problems. Research has allowed families, single-parent families, the han us to overcome many difficulties with dicapped, and others who needed our truss uplifrs, the deterioration ofpolyetl\y help. In addition, about 30.000 more lene film, and crumbling parking garages. homes were repaired with federal govern Indoor air quality is a growing concern in ment assistance. modem construction. We're looking at The role of the federal housing ministry, how air moves in a home. Also, chimney as I see it, is to seek opinions, hopefully and furnace designs may change so we develop consensus, set policies and take can ensure attractive and healthy homes. action. We can set the standard and be The ''Housing Options for Older Cana a helper. I look forward to working with dians" conference sponsored by CMHC you in a spirit of co-operation. last year was evidence that all levels of Canada Mortgage and Housing Corpo government, social agencies, business. ration, so well-known 10 or 15 years ago and individuals can set aside biases and by Alan Redway for its tremendous work in all aspects of territorial barriers to work together, housing, is now in the process of being In all we do together, we must continue While we tend to think of housing in restored to a position of prominence. The to strive for excellence. But excellence terms of being a necessity of life, it is corporation has a strong management doesn't have to be luxurious or costly. It much more than that. Along with equality team and the tools to rebulld national can mean innovative, clever. Our goal is of opportunity; homeownership is a major expertise in housing. to encourage widespread access to afford part of the canadian dream. Once again, we are working with all able and adequate housing to facilitate the Our government made two major deci housing-related associations and interest canadian dream. sions following the public consultation groups to create better ways of helping Over the years, quality housing has process initiated over two years ago: the to house Canadians. been created in this country through a mix first, to direct ali federal housing funds to One of the first major activities has been of skilled builders, a competitive market, those in the most need; the second, to in financing housing. and government-established standards. let the private homebuilding industry do We set about to ch Spring/Printemps 1989, Vol.6, No.1 6 7 a) The relationship between housing, poverty, unemployment, and the entire Problems and related issues b) There is lack of communication and co range of economic and social problems, 1. THERE IS NOT ENOUGH AFFORDABLE, ordination among government depart while recognized in theory, is not recog ADEQUATE, SUITABLE HOUSING TO ments, which results in serious fragmen nized in practice. MEET THE NEEDS OF THE PEOPLE OF tation in program design and delivery. b) The environment of NBHC housing NEW BRUNSWICK. c) The role of the New Brunswick Housing projects is not conducive to the full a) The provincial government has not Corporation as a construction agent and development of human potential. recognized the importance of housing as landlord is too narrow. the basis for full development of human d) The existing legislation related to resources. housing does not offer sufficient protec Principles, strategic statements, b) Construction of new social housing is tion to those who need it. and recommendations complicated and expensive. c) Incomes are frequently very low, rela 3. THEREAREMAJORFLAWSINEXISTING. PRINCIPLE l tive to housing costs. d) Many buildings where people live are ~~~~~.:Cent programs foster depen- Adequate and affordable shelter is a ha.sic not fit for human habitation. dence on the government and do not need, like food, water, and clothing, which e) Housing that is available is not always reward individual initiative or effort. must be met be:ore human ~evelopment suitable for those who need it. b) current programs may reinforce nega- can proceed to its full potential. tive social values and create barriers Strategic Statement 2. ALTHOUGH THE PROBLEMS ARE between the members of a community. That the government of New Brunswick READILY DEFINABLE, GOVERNMENT'S c) Current programs are reactive; they direct sufficient human and financial RESPONSE TO THE HUMAN NEED FOR respond to crises rather than causes. resources, not confined to those included HOUSING HAS BEEN INSUFFICIENT AND d) Current programs are frequently in the current federal/provincial three-year POORLY FOCUSED. inflexible. plan commitment, to the achievement of a) There is no comprehensive provincial e) Some programs for present target groups adequate and affordable housing as a basic housing policy, and the present policy are inadequate or inappropriate: low requirement for full development of the eco guidelines, fonnulated mostly in Ottawa income families; seniors; and disabled nomic and human potential of this because of the relationship between persons. province. CMHC and NBHC, often do not fit New n There are great gaps in present pro Brunswick conditions. grams; some groups of people are not Recommendations - rural and urban needs differ, but these served appropriately, if at all: working 1. accept as a basis for decision-making that differences are not always recognized; poor; single persons, deinstitutionalized everyone has the right to a standard of living - the question of whether ornot public persons; youth; victims of family vio adequate for health and well-being, with its housing should be built to own or to lence; and the transient homeless corresponding responsibilities. rent or both is umesolved; and ("street people"). - there is a debate over the roles and 2. make the provision of adequate, affordable, relationships of the government, the 4. OPPORTUNffiES FOR THE INTEGRATION suitable housing a government priorily by private (for-profit), and third (non OF ECONOMIC AND SOCIAL GOALS IN allocating a portion of the provincial budget profit) sectors in the provision of POLICY AND PROGRAMS ARE FRE to housing, which corresponds to the magni housing. QUENTLY LOST OR WASTED. tude of the need. In New Brunswick there are ghettoes of little or no possibilily of staying healthy, 3. make more effective use of available poverty that look like Third 1/\brld slums - planning ahead, learning new skills, or resources by: places without water and electricity; homes providing a stimulating environment for a) identification of specific or unique local where children crawl around on mud floors. one's children. Although shelter alone does needs and use of local designs, A recent report released by the province's not solve all human problems, without it materials, and methods; task force on housing, established last May other problems cannot be addressed with b) identification of all potential sources of by Minister of Housing Peter Tutes, esti any assurance of success.'' revenue, including housing-related funds mates about 30,000 poor families do not According to Tutes, the housing problems from other departments, such as insu receive financial assistance for housing and · of New Brunswickers are enormous and lation money from N.B. Power, emer are suffering serious physical, social, and grave. Members of the task force, who gency repairs from the Department of economic problems as a result. were hopeful that changes can be made, Income Assistance, etc.; At a press conference releasing the said it is important to address the problems c) careful targeting of programs so that report, 1tites said, "Without adequate, in a holistic way. they reach only those who need them: affordable, and suitable housing, people ''There are solutions, there are directions d) removal of systemic barriers, such as cannot be expected to develop their full for change, and there is faith in the abilily bureaucratic red tape and lack of access personal potential. When every day is a of people to progress on constructive paths, to information, to allow full participation question of survival, of choices between with timely and appropriate assistance,'' of all sectors; and such basics as eating and heating, there is said Trites. e) maximum use of all federal programs appropriate to our goals. 68 canadlan housing habitation canadienne 4. increase the supply of affordable housing c) expand access to public housing to needs and concerns of people in poverty, through: single people. requiring such activities as an ''experiential a) new construction, primactly by the pct placement'' that brings staff into personal con vate and non-profit sectors, with 8. review and revise, in consultation with all tact with clients, preferably in the clients' government assistance as needed. stakeholders, the Residential Tenancies Act homes; games and other techniques related to b) programs that reduce costs: (including the structure, function, location, values; and client involvement in staff and pro • of housing construction, such as mandate, power, and relationship to other gram evaluation. sweat-equity, self-help, and co-operative departments of the Office of the Rentalsman), ventures, by which an investment of, so that: 14. bctng services to the people by giving pri rime/work is made by the consumer in a) its rights and responsibilities are octty to programs that help people stay in their lieu of money: extended to boarders and lodgers: own homes and communities, if that is their • of housing acquisition, such as home b) it includes (where possible) public choice, through renovation, rehabilitation, and completion loans and downpayment housing: and mobile services. assistance; and c) it protects tenants from excessive and •of housing operation, such as energy sudden rent irtcreases without penalizing IS. fit its programs to the people they are efficient, cost-effective design, and the landlords. meant to serve, thereby maximizing their social use of wood heat. and economic integretion. c) innovative use of existing buildings, 9. develop and make public, in consultation such as surplus public institutions. with all interested sectors, an implementation 16. build flexibility into programs so as to strategy for these recommendations, to be implement policies holistically rather than S. address the affordability problem by reviewed with regard to progress and modifi piecemeal, keeping in mind first and foremost increasing disposable income through subsidi cations within one year of the release of the the needs of the consumers. zation of shelter costs. report. 17. enable relevant government departments 6. improve the condition of existing housing to keep abreast of housing trends in other parts stock by: PRINCIPLE 2 of the country and world by attending national a) legislating clearly defined, enforceable Housing is more than shelter; it is a total and international housing forums. environment that promotes human minimum standards for new and existing housing in rural areas and motivating development. PRINCIPLE 3 landlords and homeowners to comply, The attainment of financial and social through education, financial incentives, Strategic Statentent independence through personal responsi and enforcement: That government policies and programs bility, in which housing plays a ccttical focus on people, with an integrated role, is a major motivator for human b) requiring municipalities to have approach to the development of human minimum standards by-laws and to achievement. enforce them. Consider the use of both resources, requiring a high degree of co incentives and sanctions to encourage ordination between government Strategic Statentent compliance; departments. That government housing policy and pro grams promote independent living, both c) increasing the penalties for non~ compliance with minimum standards by RecoDllllendations social and economic, through incentives laws to meaningful levels: 10. acknowledge that "housing" is more than and recognition for personal responsibility, d) providing an inspection system that shelter. It encompasses related support and growth, and success. facilitates the process of emergency educational services, such as counselling and repairs; and training in home maintenance and manage Recommendations e) making home improvement loans acces ment, including budgeting and nutation. 18. design programs to help people help them sible for owners of substandard homes selves before they become totally dependent. who do not meet the loan criteria of 11. broaden the mandate and increase the commercial institutions, permitting resources ofNBHC so that it becomes a social 19. make a strong commitment to those whose upgrading in steps with which the appli agency with the mandate to deal with housing potential for independent living is in some way cants are comfortable. as more than shelter, delivering human limited, so that they are supported at a level development services in addition to its present that enables them to live safely with dignity. 7. address the immediate needs of those who functions. are excluded from or neglected by present 20. consider tenure in public housing to be of programs: 12. make a long-term strategic housing plan a limited duration rather than permanent as a) provide safe emergency accommodation with specific goals, targets, and commitments, a general rule, although exceptions are pos for those who have no shelter alterna recognizing the significant differences in rural sible; inform residents about their future tives, such as unattached youths and and urban needs and resources. options and make every effort to enable them deinstitutionalized persons; to move into an independent housing situa b) provide transition and second-stage 13. sensitize and educate the bureaucracy in tion, even if they continue to require subsidi housing for victhns of family violence all government departments, including the zation, through such measures as a provincial and the disabled: and decision-makers at the highest level, to the rent supplement program. Spring/Printemps 1989, Vol.6, No.1 69 21. expect some contribution from residents addition to the provision of shelter; PRINCIPLE 6 of public housing in tenns of participation in b) facilitate closer connections between The government cannot be expected to housing management or community service. departmental staff and clients: and be the primary provider of services, to c) provide for maximum client involve- meet all human needs: responsibility must 22. make a strong commitment and take ment at all stages. be shared. immediate action to improve the environment 32. support or develop an independent and lifestyle in existing NBHC projects. academic research capability in the area of eco Strategic Statement nomic and social policy integration, with par That government policy be based on the 23. immediately make support services avail ticular emphasis on housing. concept of shared responsibility, so that able as needed to all low-income individuals the role of government becomes more fre and families in public housing units, extending PRINCIPLE 5 quently that of facilitation than of provi ultimately to those in private-sector housing. Effective programs that respond to sion, recognizing the primary responsi people's real needs can best be developed bility of government in the protection of 24. encourage co-operative efforts of all kinds, in consultation with the people involved rights and the contribution of funding. such as co-operative lending institutions and and others with an interest in satisfying housing and worker co-ops, to provide housing those needs. Recommendations and housing components, as well as skill Strategic Statement 39. strive to create and maintain a climate of development. That programs be developed and delivered orderly growth in the housing sector by offering at the community level so as to assure equal opportunity to all sectors for program 25. promote programs that build community their necessary flexibility and full partici development and delivery. acceptance of and respect for the efforts oflow pation of all sectors in consultation and income people to enter the mainstream of com action, as well as their credibility and 40. use the private and third sectors as delivery munity life. acceptance in delivery. agents wherever possible, with the govern ment undertaking this function only when no 26. move in the direction of barrier-free design Recommendations other sector is able or willing to do so. in all new construction while educating the 33. adopt as government policy the principle general public to accept variations in housing of consultation with the stakeholders in any 41. provide training, advice, and funding to features, such as wider doors and lower light proposed program, both in planning and in enable volunteers to identify and meet com switches. implementation. munity needs, and simplify access to pro grams, infonnation, and funding for volunteer 27. move in the direction of making existing 34. include relevant local interests in the plan groups. buildings wheelchair accessible; in cases where ning and delivery of housing programs, this is not feasible, supply the services on a through continuing consultative mechanisms, 42. increase the accessibility of information mobile basis where the client is. such as coalitions and regional housing about government programs to all sectors councils, as well as occasional opportunities through toll-free telephone lines to regional PRINCIPLE 4 for input and exchange of ideas, such as offices, resource centres, and mobile units. Housing is an appropriate and effective tool forums and conferences. for social and economic development. 43. improve the operation of the NBHC with 35. identify and develop groups at the local regard to external communication and more Strategic Statement level, both urban and rural, that have already efficient and cost-effective procedures. That the potential of housing as a tool for acquired experience in some aspect of housing economic and social development be recog delivery or related programs; take advantage 44. promote the involvement of consumers in nized and used, both to create jobs and to of what they have learned and support their appropriate aspects of planning and delivery. enhance the quality of life. efforts to improve and integrate their services. 45. provide training, education, and incentives Recommendations 36. work with municipal councils to encourage for builders to improve and certify the quality 28. accept the principle in planning that social or strengthen the role of municipal govern of housing rehabilitation, as well as programs can achieve economic goals and eco ments in the provision of affordable, adequate construction. nomic programs can achieve social goals; inte housing, especially in the areas of planning, grate social and economic objectives through zoning, land-banking, servicing, community 46. develop, support, and encourage research institutional and delivery structures at all levels. education and leadership, and enforcement of projects, innovative techniques, and a variety minimum standards by-laws. of housing types that respond to problems 29. use the construction, manufacture, and faced by all sectors. renovation of housing as economic and social 37. develop community-based sources of stimulants to create jobs, teach skills, and build funding for housing-related projects. self-esteem as a basis for self-sufficiency. PRINCIPLE 7 38. identify existing community resource Prevention of problems reinforces positive 30. analyze the social and economic impacts centres that define local needs and initiate posi values and reduces the cost of physical of policies and programs to ensure the integra tive responses and programs (both economic and social rehabilitation. tion of human development objectives. and social) and develop these, in pilot projects, as community infonnation centres for govern Strategic Statement 31. support innovative pilot projects that: ment programs where a one-step, drop-in That government policy give at least equal a) emphasize human development in approach could be tried. importance to the long-term prevention of 70 canadlan housing habitation canadienne social and economic problems as to short b) Build on the base of existing NBHC term remedies for specific situations. policies and programs to develop human resources: Recommendations - provide support services, such as 47. engage every possible resource in the programs for counselling in home reduction or elimination of poverty and its management and development of per socioeconomic consequences. sonal skills, to residents ofNBHC units. - enable residents to achieve future 48. concentrate resources on the health, integration into the mainstream of safety, and positive living environments of community llfe by: young children. • providing opportunities for respon sible involvement in management, par 49. develop a media campaign to educate the ticipation in activites, and co-operation public about the social and economic impact in the neighbourhood; and of poverty. • educating the community at large to understand and respect the efforts of 50. create and designate the responsibilty for disadvantaged people to improve their monitoring all legislation that affects the cost quality of life. of housing, including federal tax reform, and - reward initiative by extending react appropriately. housing programs to the working poor. Priorities 2. SHARE IBE RESPONSIBILlTY FOR IBE DEVELOPMENT OF HUMAN RESOURCES 1. FOCUS FINANCIAL RESOURCES ON IBE BETWEEN ALL LEVELS OF GOVERNMENT DEVELOPMENT OF NEW BRUNSWICK'S AND ALL SECTORS OF SOCIETY. HUMAN POTENTIAL, IBROUGH PRO a) Reinforce the right to appropriate GRAMS THAT ENABLE PEOPLE TO MEET housing through the law, particularly THEIR BASIC NEEDS (OF WHICH with: HOUSING IS ONE OF THE MOST CRIDCAL) - enforcement of minimum standards AND TO ACHIEVE PERSONAL AND ECO legislation to guard the health and NOMIC INDEPENDENCE. safety of residents; a) Continue to expand the supply and - zoning regulations to encourage social In developing increase the availability of affordable, and economic community integration; adequate housing: and countries 1 .2 billion - make more housing available - improvements to the Residential people are without through construction and rehabilitation Tenancies Act to address gaps in the clean water. programs; protection of tenants. - reduce housing costs while b) Ensure the participation of all sectors in encouraging initiative through such the consultation process through which ------programs as home completion loans or housing programs are developed and -rj Spring/Printemps 1989, Vol.6, No.1 71 BOOKSTORE New Partnerships- $15.00 Canadian Agenda for $4.00 Building for the Future/ Action on Housing and Housing Economics $25.00 S'Onir pour batir l'avenir Homelessness Through the by George Fallis (regularly $29.95) by CAHRO & ICSW Year 2000 Published in 1985, this book is These proceedings of the 1987 by CAHRO whh other NGOs about the economic theory of Canadian Conference to Observe how households make housing the International Year of Shelter Programme d'action $4.00 choices, how suppliers of housing for the Homeless are a lasting canadien en vue de loger !es make decisions, of the market reminder of this major sans-abri d'ici !'an 2000 that brings the demand and national/international conference. par l'ACRHU avec d'autres organismes supply sides together, and of how A terrific souvenir for those who non gouvernementaux canadiens changes in exogenous variables attended. A valuable research alter the market outcome. document for all who are Housing Issues and $ 6.00 interested in the subject of Canadian Federal Budgets: Cities and the Wealth $6.60 homelessness. 1968-1984 of Nations (regularly $6.95) by J.D. Hulchanski & B. Greve by Jane Jacobs This book, published in 1984, offers a concrete a'pproach to an Homelessness and $15.00 abstract and elusive subject-the the Homeless: decay of cities in an increasingly Responses and Innovations integrated world economy. by H.P. Oberlander & A.L. Fallick Planning in Turbulence $10.00 Who are the Home- $ 4.50 by David Morley & Arie Shachar (eds) less? What is Homelessness? The Politics of Defining an Emerging Policy Issue by J.D. Hulchanski The Housing Problem: $8.00 A Real Crisis (regularly $8.95) by Michael Goldberg IYSH POSTER $2.00 This book, published in 1983, is Put out by the YW/YMCA of a primer on housing markets, Canada to mark the International policies, and problems. Professor Year of Shelter for the Homeless, Goldberg describes, in easy-to this handsome poster would understand language, the Cana make a fine addition to your dian housing market. office. Women and Housing $6.95 by Janet McClain (regularly $7.95) and Cassie Doyle Published in 1984, this book deals with a subject of central importance in Canadian studies and women's studies. Nothing comparable exists in print. 72 canadian housing habitation canadienne BOOKSTORE Renovation: $ l .50 St. Lawrence and $14.00 Back Issues $2.00 Round Two (II) False Creek: A Review of the A limited number of back issues Position Paper of CAHRO, 1988. Planning and Development of are available (Spring '85, Sum Two New Inner City mer '85, Fall '85, Summer '86, Housing Renovation $2.50 Neighbourhoods Fall '86, Winter '86, and RRAP in by J.D. Hulchanski Spring '87, Summer '87, Canada (I) Spring '88, Summer '88-special Position Paper of CAHRO, 1987. commemorative issue, Fall '88, Winter '88.) The Residential $3.50 1987 Symposium $2.50 Rehabilitation Proceedings Assistance Program Position Paper of CAHRO, 1985. Fall '8 7 Issue $2.50 (Aussi disponible en frarn:;:ais) This issue on homelessness was h"blfatlon """~d!enne published in honour of the Inter Total $7.50 national Year of Shelter for the Complete set, save 103, Homeless. special price $ 6. 7 5 Winter '88 Issue $3.00 The Residential $5.00 The Politics of Housing Rehabilitation Assistance Program: Its Impact on the Rental Market NIP Areas of Halifax habitation canadienne by Rita Fraser (19f32) P.O. Box 3312 C.P., Station DI Succursale D, CHRA/ACHRU ORDER CARD Ottawa, Ontario KlP 6H8 Fill in this card indicating your selection and return it with your cheque or money order. All postage handling charges are included. Items are non-returnable. Prices are subject to change without notice. Books___{_Tit!~ Quanti~ Price Personal cheque or money order enclosed D s'pring/Printemps 1989, Vol.6, No~ 73 PUBLICATIONS passed on Queen Street were Summary Report: The Organizing occupied, as were many Recent Housing Changing Housing Industry in doorways. Around three a.m., 1 Canada, 1946-2001 ran out of coffee money, so I Literature by Frank Clayton for CMHC. 1988 for the Homeless headed for a quiet park to lie (NM 6120 02/89). Available from down. Canadian Housing Information Of course, it started to rain. Homelessness Centre, CMHC, 682 Montreal Well, in the course of the next Road, Ottawa, Ontario KIA OP7. hour, I scrambled through Assisting the Homeless: alleyways, fire escapes, across State and Local Responses in canadian Housing Co warehouse rooves. Without an Era of Umited Resources operatives: An Alternative exception, every little hiding 1989, $10.00 U.S., 160 pages. Approach to Resolving com hole was filled with some unfor Available from Advisory Com munity Problems tunate person like myself. mission on Intergovernmental by Joan Selby and Alexandra Finally, I saw some piles of Relations, 1111 20th St. N.W., Wilson. 1988, 43 pages, $5.00. cardboard by some tractor Washington, D.C. 20575, Available from the Co-operative trailers. I pulled the first pile U.S.A. Housing Foundation of Canada, by Jim Ward aside. Someone was sleeping A Guide to Fanning Local A Bibliography on Co-operative underneath. The same thing Access to Permanent Housing Housing in canada Canadian Council on Social with the second pile. And the Committees: A Community by Joan Selby. 1989, 121 pages, Development third had two people under it. Response to Homelessness $10.00. Available from the Co 55 Parkdale Avenue, All this within 50 feet of trendy by Ministry of Community and operative Housing Foundation of P .0. Box 3505, Queen Street West. Social Services and Ministry of Canada, Ottawa, Canada. Station C, Ottawa, Ontario About a week after this, I ran Housing. 1988, 41 pages. Avail K1Y 4G1 into a friend from Guelph. We able from Queen's Printer for A Consultation Paper on 1989 had a couple of brews and Ontario. Housing Quality 117 pp. chatted. We got into his car, by CMHC. 1988, 22 pages. Avail $15.00 and he started to drive me able from CMHC, Research Divi ''In my opinion, organizing home (fortunately, I had a Housing Policy sion, 682 Montreal Road, Ottawa, among the homeless is not home again). He saw some Ontario KIA OP7 (Aussi disponible guys sleeping in the bus Shelter Allowances and about bringing out thousands of Canadian Housing Policy: A au fran,ais). protesters or storming the barri shelters - there were heavy thunder storms. When I sug Review and Evaluation cades. It is organizing around by). David Hulchanski. 1983, small-scale local projects or gested that most of the bus Planning shelters downtown were the 54 pages, $3.50. Available issues that help put appropriate from the Co-operative Housing Planning Theory Newsletter housing in place or force same on a bad night, he (1st issue appeared October laughed and said I was crazy. Foundation of canada, Ottawa, bureaucrats to change harmful Canada. 1988). Contact, Luigi Mazza, policies. It has fairly modest We proceeded to drive around Dipartimento Interateneo Ter goals like setting up a drop-in whlie we drank coffees. 1989 Policy and Research ritorio, Viale Mattiolo 39, centre where no one will be Fifteen minutes later, he Initiatives 10125 Torino, Italy. bothered and where people can wasn't even chuckling - nearly by CMHC. 1989, 19 pages. Avail belong to a group that cares. I every bus shelter west of Yonge able from CMHC, Research Divi come to this position after 20 Street on King, Queen, Dundas, sion, 682 Montreal Road, Ottawa, World years of living with, working College, Bloor over to Dufferin Ontario KIA OP7. was used as a bed, as were Housing and Social Change with, and writing about the in Europe and the U.S.A. homeless in Canada, the United those on Bathurst, Bay, and Elfets de la participation des Spadina. That's to say nothing municipalites a la production by Michael Bali, Michael States, Britain, and Australia.'' Harlee, and Maartje Martens. From his preface through each of the 60 or more people de logements pour le marche sleeping around ciry hall, or par Marcel Gaudreau et Benoit 222 pages. Published by Rout chapter, Ward paints a real and ledge, Chapman, and Hall Inc., moving picture of homeless those hidden in trash bins, Lacroix. 157 pages, 9 $. Ren alleyways, fire escapes, etc. We seignements: INRS - Urbanisa 29 W. 35th St., New York, ness, while sending out a mes N.Y. 10001, U.S.A. sage of change and hope. must have seen at least 1,000 tion, Documentation-publications, people homeless that night - 3465, rue Durocher, Montreal Here is an excerpt from and we weren't even looking - (Quebec) H2X 2C3. Handbook of Housing and Organizing for the Homeless, we didn't even have to get out the Built Environment In the written by one homeless man. of the car or leave the main National Housing Act and United States ''Several weeks ago, I was streets!!! What in God's name National Housing Loan Edited by Elizabeth Huttman too late to get a bed in any of is going to happen to these Regulations and Willem van Vliet. 488 the downtown hostels. I made people this winter? by CMHC. 1989. Available from pages. Available from Green a tour of the all-nite coffee *Reprinted with permission from CCSD, Canadian Housing Information wood Press Inc., 88 Post Road shops. walking around, I which first published the review in Centre, CMHC, 682 Montreal W., Westport, Conneticut noticed that the bus shelters I Perception, Vol. 13, No. 1. Road, Ottawa, Ontario KIA OP7. 06881, U.S.A. 74 canadlan housing habitation canadlenne Rent Control and the A vaila bility of Affordable Housing In the District of Columbia: BOOKS FOR REVIEW: A Delicate Balance by Margery Austin Turner. 108 pages. Available from Urban CHANGING RESIDENCE: THE TORONTO: NO MEAN CITY Institute, 2100 M St. N.W., GEOGRAPHIC MOBILITY OF by Eric Arthur/Revised by: Washington, D.C. 20037, ELDERLY CANADIANS Stephen A. Otto U.S.A. by Herbert C. Northcott 1986 1988 University of Toronto Press Producing Lower Income Butterworths & Co. Ltd. Housing: Local Initiatives by James Pickman, Benson LIFE SPACES: GENDER, HOUSE THE MY1H OF THE NOR1H Roberts, Mindy Lieterman, and HOLD, EMPLOYMENT AMERICAN CITY: CONTINEN Robert Rittle. 1986, 363 pages, by Caroline Andrew and TALISM CHALLENGED $30.00 (U.S.). Published by the Beth Moore Milroy by Michael A. Goldberg & Bureau of National Affairs Books, 1988 john Mercer 300 Raritan Centre Parkway, University of British Columbia Press 1986 CN-94, Edison, New jersey University of British Columbia Press 08818. HOUSING FOR THE ELDERLY: Tenant Participation In the OPTIONS AND DESIGN ADVANCES IN TALL BUILDINGS Management of Pub/le by Francis and Francesca Weal Housing: A Synopsis of U.S. by Lynn S. Beedle 1988 1986 Experience Nichols Publishing Company Available from Canadian Van Nostrand Reinhold Company Housing Infonnation Centre, CMHC, 682 Montreal Road, 1HE PLANNER'S USE OF Ottawa, Ontario KIA OP7 INFORMATION THE FUTURE OF URBAN FORM: by Hemalata C. Dandekar 1HE IMPACT OF NEW Other 1988 TECHNOLOGY Rural and Smail Town American Planning Association by john Brotchie, Peter Newton, Housing: Issues and Peter Hall, & Peter Nijkamp Approaches 1985 Edited by Floyd Dykeman. 1987, HOUSING: A CANADIAN Nichols Publishing Company 96 pages, $12.00. Published by PERSPECTIVE the Rural and Small Town by Kamal S. Sayegh LES COUTS D'HABITAT: UN Research and Studies Program, 1987 Department of Geography, Mount ABCD-Academy Book CRITERE D'URBANISME? Allison University, Sackville, New par Domirtique Achour et Gerard Divay Brunswick EOA 3CO. RESTAVRATION RESIDENTIELLE 1985 Montreal: After Drapeau ET COPROPRIETE AU CENTRE: Presses de l'Universite du Quebec by Jean-Francois Leonard and VILLE DE MONTREAL Jacques Leveillee. 1986, 134 par Marc H, Choko & pages. Published by Black Rose Francine Dansereau LANDLORD/TENANT RIGHTS IN Books, 3981 boul. St-Laurent, 1987 ONTARIO Montreal (Quebec) H2W 1Y5. INRS-Urbanisation by Ron Mcinnes 1984 Preserve or Perish: The Issue of International Self-Counsel Press Ltd. Conservation (Research Bulletin REANIMATION, RECONQuETE, 27) CONVERSION par Francine Dansereau & by City of Toronto Plamting and LA FORMATION DES EsPACES Daniel L'Ecuyer Development Department. 1986, RESIDENTIELS: LE SYSTEME DE 1987 11 pages. Contact: Anwar )afri, PRODUCTION DE ]'HABITAT INRS-Urbanisation Senior Research Officer, Research URBAIN DANS LES ANNEES and Information Section, City of SOIXANTE-DIX AU QuEBEC Toronto Planning and Develop AIR CONDITIONING: IMPACT ON par Gerard Divay & Marcel Gaudreau ment Department, Toronto, 1HEBUILTENVIRONMENT 1984 Canada. by A.F.C, Sherratt Presses de l'Universite du Quebec Housing Alzheimer's Disease 1987 at Home Nichols Publishing Company by Nancy Gnaedinger. 1989. TOWNS & VILLAGES IN CANADA: Available from Nancy Gnaedinger, A GUIDE TO HOMES FOR THE IMPORTANCE OF BEING Suite 901 - 175 Bronson Avenue, SENIORS IN CANADA UNIMPORTANT Ottawa, Ontario KlR 6H2. Redacteur: Frank S. Stephen by G. Hodge/Mohammad A. Quadeer Life Spaces: Gender, House 1987 1983 hold, Employment Moving Publications Ltd. Butterworths & Co. Ltd. Edited by Caroline Andrew and Beth Moore Milroy. 1989, $16.95, 222 pages. Published The above-listed books are available for review. Reviewers who kindly by University of British volunteer their services get to keep the book. Interested individuals are Columbia Press, 303-6433 asked to contact: Heather Lang-Runtz, Editor, Canadian Housing, P, 0. Memorial Road, Vancouver, Box JJ12, Station D, Ottawa, Dntario KIP 6H8. B.C. V6T 1W5 Spring/Printemps 1989, Vol.6, No.1 75 It you think all housing But that's magazines focus on glamor not all. The ous and exotic architecture, journal reports think again. The journal Of on city and state Housing isn't a designer's activities-the showcase-although we fea projects under ture some of the most innova way, the funding tive and important housing that made them and development in America possible, the bene- today. The journal focuses fits to come. It re on issues: housing and ports on people, the community development administrators and policy, legislative analysis, policy makers in the effective management tech housing and communi niques, economic develop ty development fields. ment, the revitalization of It provides a calendar of our nation's communities. conferences, workshops, and The journal provides an training opportunities. And understanding of such com yes, it has pictures too, photo plex issues as: reports of housing, down The]ournal Of Housing is the only magazine that offers • subsidized housing town development, commun production ity revitalization-not build this kind of insight and anal •leveraging development ings for art's sake, but ysis in every bimonthly issue. dollars buildings for people. And we've been doing it for •federal housing budgets 40 years. So, if you want and programs more from a housing maga •urban development action grants zine than pretty pictures, •tax-exempt bonds Journal Of subscribe to the journal Of •joint venture development Housing. We're more than •public/private partnerships Housing just another pretty face. r------1 I Published by the National Association of Housing and Redevelopment Officials I I I I 0 Enter my subscription to the Name I I Journal Of Hou.sing I I O Enclosed is my payment Address J City Stat!" Zip Code J DB;llme' Organization or Business JI I D 1 year (6 issues) for $24 I D 2 years (12 issues) for $42 Signature J I I J Complete And Mail Tu: journal Of Housing, 1320 18th St., N.W. Washington, D.C. 20036. Allow 6-8 weeks for new subscriptions. I L------~ 76 canadian housing habitation canadienne Professional Directory Repertoire professionnel You can't Afford Not To Advertise! COMMERCIAL MORTGAGE DIVISION Circulation That Counts: Canadian GREGORY PLAYFORD Housing enjoys a total readership of close to Mortgage specialists for 8, ooo, according to a recent Readership non-profit and co-op housing Survey that showed that 99.2% ofour readers 131 Wharnclifte Rd_ S. Landon. Ont. NBJ 2K4 pass on the magazine to, on average, another Collect (519) 673-4460 'six to nine persons. Canadian Housingcirculates or 1-800-265-1679 among staff members, board members, and other departments and is placed in staff rooms, libraries, and resource centres. Over 99% of those surveyed say they retain copies of Cana dian Housing for future reference. In addition, those persons who read Canadian Housing are, for the most part, decision-makers with their respective organizations. They are JANE PRIAMO working in top-level jobs and are instrumental COMMERCIAL MORTGAGE in building the thousands of non-profit housing REPRESENTATIVE units across this country. Most surveyed spend SOCIAL HOUSING 673-0781 over $1 million per annum on housing low- and 1-800-265-1536 moderate-income people, as well as those in spe 781 RICHMOND STREET Fax 673-3732 cial needs groups, including the elderly. All of LONDON, ONTARIO them depend upon the private sector - the N6A 3H4 building construction companies, the architects, the finance sector - to help them do this. Reading That Counts: The growth in Canadian Housing's circulation from 140 total readers in 1984 to 80x this amount in 1988 attests to the magazine's strong editorial line ~CHARLES SIMON ARCHITECT INC. up. Canadian Housing, say top government leaders, including the past two federal housing t:tj:::::j ARCHITECTURE · PLANNING · RESEARCH ministers, senior housing officials, and count· less grass-roots people, is "the best national SC.'.:' SHAFTESBURY AVENUE magazine on housing in this country." TORONTO, ONTARIO M4T 1A5 416. 323. 9646 FAX 323· 8958 Canadian Housing is an accurate barometer of THE MILL MAIN STREET the housing climate in Canada. It monitors EDEN MILLS, ONTARIO NOB 1PO changes in government policy and direction that 519 . 856. 9921 affect all of you, whether you are working in the trenches to build more affordable housing or whether you're putring together financing arrangements with housing corporations. Inquire about advertising in Canadian Housing. Contact Heather Lang-Runtz, Editor, c/o CHRA, P.O. Box 3312, Station D, Ottawa, Ontario KlP 6H8; (613)594-3007. Spring/Printemps 1989, Vol.6, No.1 77 BACK PAGES by /par Rosalee Tizya How Canada's Aboriginal People Comment les peuples Approach the Concept· of autochtones du Canada "Rights" per~oivent-ils le concept des «droits» F or most North Americans, the notion of shared. But housing and community are not rights arose in Europe. It came from tyranny, the only things we share as human beings. We from people fighting for freedom and for share other things as well - our music, our human dignity. Discussions today, however, art, and even our spiritual development. focus on individual rights inherited from Pour la plupart des Nord americaine, la Europe. They ignore other aspects of the HOUSING IS NOT A notion de droits a vu le jour en Europe. Elle problem, which are a reality in Canada. COMMODITY. For us, it is not a ques ··est issue de la tyrannie, de peuples qui Jut When aboriginal people talk about human tion of having money to buy a house, nor does taient pour la liberte et la dignite humaine. rights, we have a different perspective. We it concern the quality of housing that money Cependant, Jes debats d'aujourd'hui portent realize that not everyone in the community can can buy. The problem is access to resources. sur Jes droits individuels que nous avons build a house. Not everyone can hunt and trap. If people have no money, can the community herites de ]'Europe. !Is ne dennent pas compte Not everyone can act, tell stories, or teach access resources to build homes? Housing des autres aspects du probleme qui sont une others what he or she knows. But each one should be something that we can produce for of us, in our own way, has a place in our one another by using available resources to realite au Canada. society that contributes to the survival of the their maximum. Some people have access to Lorsque Jes peuples autochtones envisagent whole nation. these resources. Others do not. Jes droits de la personne, ils ant une perspec This way of looking at the world does not In this respect, we cannot ignore that canada tive differente. Nous nous rendons compte mean that artists do not get housed or that is a colonizing nation. Canadian rights began que ce n 'est pas tout le monde dans la com leaders merely lead. It means each person with settlers from Europe, and government munaute qui peut construire une maison. Ce gives to society, and each recognizes the place speaks to the people from the colonial perspec n 'est pas tout le monde qui peut chasser et and rights of others within society. These rights tive. People have fought to change that view do not come from another person. They come point. In the 1800s, labour unions recognized tendre des pieges. Ce n 'est pas tout le monde from whatever we are given as natural human that rights come with power. French canadians qui peut jouer un personnage, raconter des beings. have recognized this, and the poor are begin histoires ou enseigner aux autres ce qu 'il ou Too often, those who discuss human rights ning to recognize it today. Those who do not elle sait. Mais chacun de nous, anotre propre are comfortable in the enjoyment of their own have rights must struggle for them. The fa9on, occupe une place dans notre societe rights. Too often, they have not had the colonial perspective must eventually disappear. et contribue a la survie de /'ensemble de la experience of not having rights. The question Today, the only rights that exist are those nation. they ask is: Now that we've taken rights away that people had the power to win. Section 35 from people, what do we give back? On what of the Canadian Charter of Rights and Cette fa9on de voir le monde ne .signifie pas basis, under what conditions do we give back? Freedoms talks about the existing aboriginal que Jes artistes ne sont pas loges ou que Jes For Native peoples, such questions make little right. I understand that I have this right, dirigeants ne font que diriger. Elle signifie que sense. but I still do not know what it is. ls it the chaque personne donne a la societe et que Europeans developed international law in the right to discuss human rights without chacun reconnaft la place et Jes droits des 16th century. This law is vety young and having the right to participate in defining autres au sein de cette societe. Ces droits ne depends on exploitation of the world's them? Should Native people give Canada the sont pas conferes par une autre personne. Ifs resources. Therefore, when we discuss inter right to resources from the land? Canada viennent du simple fait que nous sommes des national law or housing rights, we use new has assumed it owns the land, but that is etres humains naturels. ideas that are perhaps environmentally not necessarily the case. The land question unsound. remains unresolved. Trop souvent, Jes gens qui discutent des In contrast, aboriginal concepts are very old. We see rights as more encompassing than droits de la personne beneficient de tous leurs We see housing, for example, as a God-given the individual rights that came to canada from droits. !Is se demandent: < 78 canadlan housing habitation canadienne nity to define itself and to manage its resources droits, qu 'allons-nous leur redonner? Sur quel droit aux ressources de la terre? Le Canada for the benefit of the people. We believe in our fondement et dans quelles conditions allons a assume qu 'il etait proprietaire de la terre, right to manage our resources and environment nous leur redonner ces droits?» Pour Jes mais ce n'est pas necessairement le cas. La because we know that otherwise none of us peuples autochtones, ces questions n 'ont pas question de la propriete de la terre n 'a pas will survive. tellement de sens. encore ete regiee. If the aboriginal people are a part of Les Europeens ant etabli le droit international Pour nous, Jes droits eng/obent beaucoup humanity, our philosophy has a right to exist au xv.ze siecle. Ce droit est relativement jeune plus que Jes drafts individuels qui sont venus alongside the philosophies of others. To criti et repose sur ]'exploitation des ressources mon de ]'Europe. Nous crayons qu 'une com cize and be criticized, yes. But still the right diales. Par consequent, Jorsque nous discutons munaute a Je droit de se definir et de gerer to be who we are. Our philosophy may be du droit international ou du droit au Jogement, ses ressources pour le benefice de ses neither democratic or liberal in the sense we nous avons recours ades concepts nouveaux membres. Nous crayons que nous avons le use those words today. But as aboriginal qui sont peut-etre peu valables compte tenu droit de gerer nos ressources et notre philosophies emerge on the international de l' environnement reel. environnement parce que nous savons scene, the debate on human rights becomes Par contre, Jes concepts autochtones sont qu'autrement nous ne pourrons survivre. clearer. Aboriginal groups evetyWhere are tres andens. Nous considerons, par exemple, Si /es peuples autochtones font partie de learning to explain their philosophy in the lan que le logement est un droit confere par Dieu /'humanite, notre philosophie a Je droit guage and context of today's world. et que la communaute est quelque chose qui d'eXister avec cCfle des autres. Nous avons le doit etre partage. }vfais le Jogement et la com droit de critiquer et d'etre critiques. Mais nous munaute ne sont pas Jes seules choses que avons tout de meme le draft d'etre ce que IF WE SINCERELY want to talk nous partageons atitre d'etres humains. Nous nous sommes. Notre philosophie n 'est peut about human rights in Canada, we must face partageons egalement notre musique, notre art etre pas democratique ou liberale au sens oil the reality of the situation. For example, in the et meme notre cheminement spirituel. nous utilisons ces mots aujourd'hui. Mais, a Lovelace case, the United Nations Human mesure que Jes philosophies autochtones se Rights Commission tried to force Canada to LE LOGEMENT N'EST PAS font connaltre sur la scene intemationale, le amend the Indian Act that discriminated debat sur Jes droits de la personne devient de against Indian women who married non-Indian UNE VALEUR MARCHANDE. plus en plus c/air. Un peu partout, Jes groupes men. Instead, Canada discriminated against Pour nous, ce n'est pas une question d'avoir autochtones apprennent a exprimer Jeur the children by crearlng a further class de l'argent pour acheter une maison, ni une philosophie dans le /angage et le contexte du of Indians. question de la qualite de Jogement qu 'on peut monde contemporain. It is such mechanisms that tell us whether obtenir avec de !'argent. Le probleme se situe au niveau de l'acces aux ressources. Si Jes a right is a right. In the 1984 Musqueam case, SI NOUS VOULONS SINCERE- the Supreme Court of canada found that gens n 'ont pas d'argent, la communaute peut canada has a fiduciaty obligation to the Indian elle avoir acces a des ressources pour con MENT par/er de droits de la personne au nations. For international law, this is an struire des maisons? Le logement devrait etre Canada, nous devons faire face a la realite. important finding. canada knows that its obli · quelque chose que nous pouvons produire J'un Par exemple, dans la cause Lovelace, la Com gation as trustee is binding, that oniy the pour l'autre en tirant pleinement profit des res . mission des droits de la personne des Nations Indian people can give up this legal trust. Yet, sources disponibles. Certains gens ont acces unies a tente d'obliger le canada amodifier Canada is ttying to get the Indians to give up a ces ressources, d'autres non. la Loi sur Jes Indiens, qui etait consideree dis this trust before they fully understand their A cet egard, nous ne pouvons ignorer que criminatoire a l'endroit des Indiennes qui international rights. le canada est une nation colonisatrice. Les epousaient des non-Indiens. Resultat: le The Charter of Rights and Freedoms defines droits au canada ont commence avec l'arrivee canada a exerqe une discrimination contre Jes aboriginals as Indian, Inuit, and Metis people. des colons d'Europe et le gouvemement enfants en creant une nouvelle categorie Yet, canada has interpreted Indian to mean s'adresse ala population selon une perspec d'Indiens. oniy those registered under the Indian Act and tive colonisatrice. Les gens ont Jutte pour C'est ce genre de mecanisme qui nous perrnet living on reserves. Indians living off a reserve changer cette perspective. Au cours des · de detenniner ce qui est un droit. Et 1984, do not have these rights. The problem is not annees 1800, Jes syndicats de travailleurs ont dans la cause Musqueam, la Cour supreme du the law itself but how the law is interpreted reconnu que Jes droits viennent avec le pou canada a conclu que le canada avait une obli and carried out. The focus of government voir. Les canadiens /Tanqais ont reconnu ce gation liduciaire a ]' egard des nations policy is not the aboriginal right of the Indian fait et Jes pauvres commencent a le recon indiennes. En terrnes de droit international, people. It is how the government can cut back naftre aujourd'hui. Ceux et celles qui sont ii s'agit d'une conclusion importante. Le on the money spent on Indian people. depouilles de Jeurs droits doivent ]utter pour Canada sait qu 'ii est tenu Jegalement de rem As Canada and every colonizing nation are Jes reconquerir. Cette perspective colonisatrice plir ses obligations a titre de fiduciaire et que finding out, colonialism is an extremely expen doit eventuellement disparaftre. seuls Jes peuples indiens peuvent renoncer a sive proposition. But policy is the most dan Aujourd'hui, Jes seuls droits qui eJdstent sont cette obligation. Pourtant, le canada essaie gerous mechanism for human rights because ceux que Jes peuples ant eu le pouvoir d'ac de convaincre Jes Indiens de renoncer acette governments make policies behind closed querir. L 'article 35 de la Charte canadienne obligation avant de comprendre pleinement doors. Since 1969, the government has des droits et Jibertes stipule que Jes · Ieurs drafts intemationaux. secretly carried out a policy to move Indian autochtones ont des droits. fe sais que j'ai des La Charte des droits et Jibertes definit /es people gradually Into the mainstream of drafts, mais quels sont-ils? Est-ce le draft de autochtones comme etant Jes peuples indiens, society. If we become a minority or ethnic discuter des droits de la personne sans pou inuit et metis. Pourtant, le Canada ne consi group, we become a domestic problem in inter voir participer a leur deflnition? Les dere comme Indiens que Jes personnes qui national law. We therefore lose our avenues autochtones devraient ils ceder au Canada le sont inscrites en vertu de la Loi sur Jes Indiens Spring/Printemps 1989, Vol.6, No.1 79 to struggle for abotiginal tights through the et qui vivent sur des reserves. Les Indiens et international cOurts. Indiennes qui vivent hors des reserves ne Rosalee Tizya est la directrice generale et The abotiginal people are a reality. We are jouissent pas de ces droits. Le probl&me ne la coordonnatrice en matiere d 'autonomie always here. We try out canadian mechanisms se situe pas au niveau de la Joi comme tel, politique de l'organisme United Native that do not necessarily work for us. When we mais dans Ia mani&re dont e/le est interpretee Nations (UNN). L 'UNN est un organisme make efforts in social housing, for example, et appliquee. La politique du gouvemement autochtone de Colombie-Britannique, racism comes into play. Do people want an ne se preoccupe pas du droit autochtone du etablie en 1969, qui represente un large Indian woman in the same apartment building peuple indien, mais plutbt de savoir comment eventEil de peuples autochtones vivant or an Indian family next door? Increasingly, le gouvemement peut reduire ses depenses a hors reserve, principalement dans Jes Native people are finding that doors are closing /'endroit du peuple indien. centres urbains de la Colombie all over the place. Comme le Canada et Jes autres nations Britannique. Originaire d'Old Crow, au For us, the debate on housing rights is colonisatrices sont a meme de le constater, Yukon, Mme Tizya a fait ses etudes a academic because it does not face our reality. le colonialisme est une proposition extr&nent l'Universite de la Colombie-Britannique et Our struggle is similar Io every other minority coUteuse. Mais Jes politiques constituent le elle a ete active dans Jes principalos inter group in the sense that we are fighting for mecanisn1e le plus dangereux pour Jes droits ventions politiques des autochtones something. But our struggle is different in the de Ia personne, parce que Jes gouvemements depuis environ vingt ans, notamment au sense that we have our own philosophy. The formulent ces politiques derri&re des portes niveau du debat sur l'oleoduc de la riviere housing tights debate stresses individual tights. closes. Depuis 1969, le gouvemement a Mackenzie et des revendications foncieros We stress the community, and so there is no secr&tement mis en oeuvre une politique on Colombie-Britannique et au Yukon. room for our philosophy in the debate on visant a amener graduellement le peuple housing tights. indien dans le courant dominant de la societe. Si nous devenons une minorite ou un groupe ethnique, nous deviendrons, en termes de droit international, un probl&me national. Par Rosalee Tiiya is Executive Director of and consequent, nous perdrons nos moyens de the self-government co-ordinator for the Jutte pour sauvegarder Jes droits des United Native Nations. The UNN is a autochtones devant Jes tribunaux B.C.-wide aboriginal organization, estEb intemationaux. Jished in 1969, representing a wide Le peuple autochtone est une realite. Nous ranging aboriginal population living off somm es toujours ici. Nous essayons d 'utiliser reserve, mainly in B.C. 's urban areas. des mecanismes canadiens qui ne fonction Originally from Old Crow, Yukon, Tizya nent pas necessairement pour nous. Lorsque was educated at UBC, and has been nous faisons des efforts au niveau du loge active in major native political actions for ment social, par exemple, le racisme entre en about 20 years. These activities include jeu. Les gens veulent-ils d'une femme the Mackenzie Valley Pipeline debate and indienne dans le meme immeuble aapparte B. C. and Yukon land claims issues. ments ou d 'une famille indienne comme voisins? De plus en plus, Jes autochtones con statent que Jes portes se referment. Pour nous, le debat sur le droit au logement n'a pas d'interet pratique parce qu'il ne permet pas de faire face anotre realite. Notre Iutte est semblable acelle de tout autre groupe minoritaire en ce sens que nous luttons pour un objectif, mais elle est differente parce que nous avons notre propre philosophie. Le debat sur le droit au logement porte sur Jes droits individuels. Puisque nous insistons sur la communaute, il n ya done pas de place pour notre philosophie dans le debat sur le droit au Jogement. 80 canadlan housing habitation canadienne Published quarterly, Canadian Housing is this country's only housing magazine• It provides its subscribers with a valuable means of keeping in touch and up to date on the affordable housing and renovation scenes• Not a mere newsletter espousing CHRA's own views, Canadian Housing is the "pulse" of the entire urban and rural housing scene in the country You'll read feature articles and commentaries that predict what is happening at the forefront of Canadian housing and urban renewal policy• You 'II read high quality research by leading professionals, essayists, and policy-makers• You'll read articles written by the "grassroots" segment that explore everyday issues and problems But don't just take our word for it• Read what others have said: "Canadian Housing is indeed a quality product of which your Associa tion can be proud." .... Bill McKnight, former Minister responsible for CMHC "A slick, newsy, informative publication. You may get hooked on it!" ....Jeff Celetano, in CIP Forum "How highly I regard the issues of Canadian Housing." .... Beth Moore-Milroy, University of Waterloo "Your organization should be commended for the excellence of your magazine, which in its field is unsurpassed." .... Keith Tapping, formerly with CMHC-British Columbia Region
1989 Right to Housing – Special Issue of Canadian Housing
