Posts Tagged ‘Pro Bono column’

National housing strategy affirms that housing rights are human rights

December 14th, 2017 by Shelina Ali

This article was first published on rabble.ca

Last month, the federal government released what it is calling the country’s first national housing strategy(NHS). Some highlights include establishing a National Housing Co‑Investment Fund, providing support to provinces and territories to build a community-based housing sector, developing a First Nations National Housing and Infrastructure Strategy, and creating a portable rent supplement to assist families who are waiting for social housing.

Given the dismal outlook in Canada for access to affordable housing, there are many reasons to look skeptically at the commitments in the NHS. But from a legal perspective, the government has actually made a very significant acknowledgment that housing rights are human rights, and through the NHS, has affirmed Canada’s commitment to the International Covenant on Economic, Social and Cultural Rights, a multilateral treaty adopted by the United Nations General Assembly in 1966. This acknowledgment opens up a very real path to push for recognition that positive rights under the Charter of Rights and Freedoms exist. Achieving this would be a dramatic change to the human rights landscape in Canada.  Continue reading “National housing strategy affirms that housing rights are human rights”

The Law Society’s Statement of Principles and what’s at stake

October 31st, 2017 by Safia Lakhani

This article was first published on rabble.ca

In 2012, the Law Society of Upper Canada (LSUC) struck a Working Group to investigate the challenges faced by racialized licensees, who comprise approximately 18 per cent of lawyers in Ontario.

Unsurprisingly, the initial consultation report, which was prepared based on feedback from a range of individuals and organizations, concluded that overt discrimination and bias are a feature of daily life for many racialized licensees. Further to that initial report, the committee delivered a series of recommendations in a publication entitled “Working Together for Change: Strategies to Address Issues of Systemic Racism in the Legal Professions” on December 2, 2016,  including a recommendation to increase Continuing Professional Development (CPD) offerings that deal with topics of racialization, requiring licensees to adopt a policy around human rights and diversity to promote fair recruitment, retention, and advancement, and developing “progressive compliance” mechanisms for workplaces that do not comply with the recommendations, or are identified as having systemic barriers to diversity and inclusion.

Amongst the 13 recommendations is a requirement that licensees working adopt a statement of principles acknowledging their obligation to promote equality, diversity and inclusion generally, and in their behaviour towards colleagues, employees, clients and the public — a requirement that has ignited a firestorm in the legal profession.

Some members of the law society have taken to radio and print news to denounce the requirement as  “the most egregious kind of violation of freedom of speech” and an Orwellian Dictate. The Catholic Civil Rights League has objected to the Statement on the basis that it “may override core Christian beliefs.” Even Conrad Black (whose affiliations with the Law Society are unknown) published an editorial in which he condemned the Law Society for conferring “capricious dictatorial powers on its own administration.”

Continue reading “The Law Society’s Statement of Principles and what’s at stake”

Protecting housing and human rights without limiting options

September 28th, 2017 by Michael Hackl

This article was first published on rabble.ca

Canada has been facing a housing crisis for a number of years now, with rising costs affecting both homeowners and tenants. According to the Canadian Rental Housing Index, renters in Canada are spending an average of 22 per cent of their before-tax income on rent and utilities. Further, this index reported that 40 per cent of renter households were spending more than 30 per cent of their before-tax income on rent and utilities, and a staggering 19 per cent were spending over 50 per cent of their before-tax income on rent and utilities. Keep in mind that the Canada Mortgage and Housing Corporation (CMHC) defines affordable housing as housing that costs less than 30 per cent of before-tax household income. This means that almost half of renter households in Canada are not in affordable housing, and one in five homes are spending over half of their before-tax income just to have a roof over their heads.

Imagine then, the relief that a family in Vancouver must have felt on being told that they had reached the top of a waiting list for a two-bedroom apartment that would have resulted in a significant reduction in their housing costs if they had been offered the unit. Unfortunately for them, the housing provider did not offer them the unit. At the time that the family was told that they were first on the waiting list, the family consisted of two parents and a two-year-old son, but the mother was seven months pregnant (and has since given birth to a baby girl). According to a voicemail left by a representative of the housing provider, they could not offer the family the unit because they did not know the sex of their then unborn child. For its part, the housing provider has said that the family was not being considered for the unit in any event, but the family feels they were passed over for this apartment because they have two young children of different sexes and the housing provider was unwilling to offer them a unit where those two children would share a bedroom.

Continue reading “Protecting housing and human rights without limiting options”

B.C. is revamping its human rights system. How can it ensure justice is served?

September 7th, 2017 by Celia Chandler

This article was first published on rabble.ca

In August, the new B.C. government took an important step: it decided to reinstate the B.C. Human Rights Commission, dismantled by the long-governing Liberals 15 years ago. This was not the first time that B.C.’s governments have taken a run at the human rights system. This year’s NDP announcement mirrors its restoration of the Commission in the 1990s after it was previously abolished by the Liberals in the Social Credit Action of 1983.

And good on the NDP for their persistence! Human Rights Commissions across the country play an important public advocacy role. They keep a watchful eye on larger system-wide problems — the myriad ways in which groups of people who are protected under provincial human rights legislation can be discriminated against. In Ontario, the Commission has been responsible for engaging in public consultations and preparing policies that help guide our society towards a fairer, less discriminatory society for people who have faced marginalization historically and still do today.

Continue reading “B.C. is revamping its human rights system. How can it ensure justice is served?”

Will Ontario let landlords and condominiums ban smoking recreational marijuana?

July 31st, 2017 by Elliot Fonarev

This article was first published on rabble.ca

The federal government’s proposed Cannabis Act, if passed, will legalize and regulate the production, sale and possession of recreational marijuana across Canada by July 2018. However, each of the provinces have decisions to make about how cannabis will be used, sold and regulated in their province. Until July 31, 2017, Ontarians can share feedback through a survey asking how the government should approach legalizing marijuana in Ontario.

The survey asks for input in five areas: (1) the minimum age someone can use, keep and buy cannabis, (2) where cannabis can be used, (3) road safety, (4) regulating sales of cannabis, and (5) planning public education.

One important question is where cannabis can be used: where will individuals be allowed to smoke marijuana and who gets to decide that? As marijuana is legalized by the federal government, it will be up to the Province to regulate how it can be used in some spheres. For instance, the Province could restrict the ability of landlords and condominium boards to prohibit vaping and/or smoking within units. Provincial regulations could also determine whether condo boards will be able to restrict vaping and smoking marijuana recreationally in common spaces like rooftops and courtyards.

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The Rental Fairness Act: What does it mean for renters in Ontario?

June 30th, 2017 by Safia Lakhani

This article was first published on rabble.ca

The Rental Fairness Act, (the “RFA”) is part of Ontario’s Fair Housing Plan, a strategy released in April 2017 to promote affordable housing in Toronto. The RFA, which received Royal Assent on May 30, 2017, eliminates the exemption to rent increase rules and requires landlords to compensate tenants if they wish to terminate a tenancy for personal use. Below are some of the key amendments to the Residential Tenancies Act, (the “Act”) and what they mean for affordable housing in Ontario. Continue reading “The Rental Fairness Act: What does it mean for renters in Ontario?”