Guest Contributor, Tamara and I met as co-organizers of the UBC Vote Mob. Enjoy her article on the Red Tents Project. (Not an endorsement)

Credit: Brent Granby
Red Tents: Campaign for a National Housing Strategy
by Tamara Mackay-Temesy
Homelessness in Canada costs about $2 billion every year, based on health care, social service and criminal justice costs. If that seems high, you may be surprised to learn that this is actually a low estimate; $6 billion a year is more accurate, based on a 2009 study which estimates 300 000 homeless persons at a cost of $20 000 each. 1 It is $10 000 cheaper per person to provide appropriate housing and social services rather than leave them on the street. The financial reasons for addressing Canada’s homelessness problem alone make it worthwhile, but it is also a serious human rights issue.
Since 2007, the UN Special Rapporteur on adequate housing has urged Canada to “adopt a comprehensive and coordinated national housing policy based on indivisibility of human rights and the protection of the most vulnerable.” 2 While little has been done at a federal level, on December 9th, 2009, the BC Court of Appeal upheld a BC Supreme Court ruling that extended Section 7 of the Charter of Rights and Freedoms (the Right to Life, Liberty and Security of Person). The Victoria (City) v. Adams case established the constitutional right of persons to erect temporary overnight shelters to “protect themselves from the elements and sleep on public property free from harassment by police, municipal officials and security guards.” 3 However, this does not establish a positive obligation for the Government of Canada to provide housing. The Red Tent Campaign seeks to change this by pressuring the federal government to create a national housing strategy.
The Red Tent Campaign, spearheaded by Vancouver’s Pivot Legal Society and over twenty partners, is a national campaign to guarantee adequate, accessible, affordable and secure housing for all persons living in Canada. The campaign’s bright red tents are distributed primarily to homeless people, and serve to increase visibility of the housing crisis in Canada.
The Red Tent campaign has so far held two Days of Action, where over 100 red tents were brought to Parliament Hill in Ottawa to raise awareness of homelessness and housing issues in Canada.
The Parties were asked if they supported (1) the adoption of a fully-funded national housing strategy in cooperation with provinces, (2) the maintenance of existing federal subsidies for social housing units, in order to ensure accessibility for low-income households and (3) continued federal investment in housing. While the Conservative party declined to comment, the very supportive responses of the NDP, Green and Liberal Parties can be read here. The current goal is to pass Bill C-304, a private member’s bill introduced in 2009 by Libby Davies, MP for Vancouver East. 4 The Bill would allow Canada to create an effective national housing strategy to end homelessness, and thus ensure the human rights of over 300 000 persons are met. Bill C-304 is currently in its second reading in parliament, and is supported by the NDP, Liberals and Greens.
The most recent developments are local, as the City of Vancouver proposed amendments to Section 71 of a by-law concerning “Structures for Public Expression on City Streets” with only two days notice to the public. 5 As Pivot lawyer Scott Bernstein has noted, this amendment fails to address the Victoria (City) v. Adams decision in the B.C. Court of Appeal. 6 The City of Vancouver seeks to differentiate between erecting shelter in a park, which is allowed in Victoria, from a shelter in a street or sidewalk, including out of the way areas. 7 These amendments are thus clearly leaning towards an unconstitutional bylaw that would violate human rights, as established in Victoria v. Adams through the Charter, and supported by the UN. The Red Tent campaign is trying to work with the City of Vancouver to create acceptable, effective legislation to properly address Vancouver’s housing problem, which is the most desperate in the country and has asked the City for clarification on the amendments and offered legal suggestions.
For more information or to find out how you can get involved, please contact housingnow@redtents.org
1 "Homelessness - Causes and Effects, Volume 3: The Costs of Homelessness in British Columbia. Ministry of Social Development and Economic Security," Eberle, Margaret et al., Government of British Columbia, 2001. www.housing.gov.bc.ca/housing/docs/Vol3.pdf
National Housing and Homeless Network, 2007. www.cmha.ca/citizens/housingENG.pdf
2 "In From The Margins: A Call To Action On Poverty, Housing, and Homelessness," The Standing Committee on Social Affairs, Science and Technology: Report of the Subcommittee on Cities (December 2009). www.parl.gc.ca/40/2/parlbus/commbus/senate/com-e/citi-e/subsite-dec09-e/reports-e.htm
3 “Promotion And Protection Of All Human Rights, Civil, Political, Economic, Social And Cultural Rights, Including The Right To Development : Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, Miloon Kothari” MISSION TO CANADA* (9 to 22 October 2007). Section X (90) http://www2.ohchr.org/english/bodies/hrcouncil/docs/10session/A.HRC.10.7.Add.3.pdf
4 “Housing is a Right.” Red Tents. http://www.redtents.org/learn/housing-is-a-right
5 “Private Member’s Bill.” 40th Parliament, 2nd Session. January 26, 2009 - December 30, 2009. http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=3630084&Language=E&Mode=1
6 “Structures for Public Expression on City Streets.” Standing Committee on Planning and Environment. http://vancouver.ca/ctyclerk/cclerk/20110407/documents/penv1StructuresforPublicExpressiononCityStreets.pdf
“City rushes in by-law amendments that threaten expression and homeless.” Red Cedar Law Blog. http://redcedarlaw.com/2011/04/07/city-by-laws/
7 Ibid.
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