Hello to all,

Research reveals a link between substandard housing conditions and poor
health outcomes (infectious and respiratory diseases, heart disease and
stroke, depression, etc.).  One good source of information is a U.K.
publication from The Policy Press (Bristol), Home Sweet Home? The impact of
poor housing on health.

In Canada, there are many Canadians lacking decent housing conditions
(overcrowding, unaffordable, dilapidated, homelessness, etc.).  CMHC has all
kinds of stats attesting to this fact.  You can visit their website at
www.cmhc-schl.gc.ca

I have witnessed this problem in urban areas and in the remote communities
in Northern Manitoba where I now work.  Here overcrowding is a big issue
(our version of homelessness since surviving a winter night outside in
unlikely). I hear a lot of good advocacy on the issue of homelessness coming
out of Canada's large urban centres.  Here, we are out of the eye of the
national media.  Take a moment and think how your community is touched by
this issue.  Is there any community in this country untouched by this
mounting issue?

Canada has signed on to various United Nations declarations about the right
to housing.  The Universal Declaration of Human Rights, article 21 (1)
states,
"Everyone has the right to a standard of living adequate for health and
well-being for himself and his family including food, clothing, housing, and
medical care and necessary social services, and the right to security in
the event of unemployment, sickness, disability, widowhood, old age or other
lack of livelihood and circumstances beyond his control."

The World Health Organization (Centre for Urban Health, Copenhagen,Denmark)
recognizes that "policies for education, employment and housing affect
health standards" and recommend that "public health interventions should
remove barriers to access to health care, social services and affordable
housing" (Source: WHO. 1998. Social Determinants of Health: The Solid
Facts.)

So, as people concered about community and population health, can we on this
list-serve add our voice to this important population health issue, so that
all Canadians have a decent physical environment in which to live and
thrive?

Please take time to read Michael Shapcott's e-mail below and to respond.

Regards,
Karen

Karen Serwonka, MHSc
Health Promotion Co-ordinator
Burntwood Regional Health Authority
867 Thompson Drive South
Thompson, Manitoba  R8N 1Z4
Tel: 204-677-5374
Fax: 204-778-1424
E-mail: [log in to unmask]


-----Original Message-----
From: Michael Shapcott [mailto:[log in to unmask]]
Sent: November 3, 2001 10:28 PM
To: [log in to unmask]
Subject: Take action today for a Housing Bill of Rights!


Canada needs a housing bill of rights!

Please circulate this message far and wide. Feel free to post it on any
Web sites, or pass along to others on your lists who are concerned about
housing and homelessness.

Housing is not only an absolute necessity, but it is a fundamental right
for everyone in Canada. While the federal government has adopted
numerous international covenants and other legal instruments that
recognize the right to housing, Ottawa has failed to explicitly
incorporate the right to housing into domestic law.

Libby Davies, MP for Vancouver East, is planning to introduce a private
members' bill calling for a Housing Bill of Rights during November.

I've included the full text in the body of this message. I can also send
a Word or Rich Text file, if you want. Please send a request to me at
the e-mail message below. Sorry for the length of this message, but the
bill is critically important.

Many groups and individuals across the country are backing this
initiative. They are calling on all political parties and all MPs to
support the housing bill.

Motions and bills from private members often fail to reach the voting
stage in the House of Commons, generally because the governing party
refuses to give its consent. But if there is strong support from MPs of
several parties, especially the Liberals, then there is a better chance
of moving the Housing Bill of Rights forward.

We know that many MPs from several political parties agree that the
federal government needs to take strong action to address the
nation-wide housing crisis and homelessness disaster. Now is the time to
call on those MPs to show their support for this important initiative.

Here's what you can do to help:

- call or fax your Member of Parliament and ask them to support the
Housing Bill of Rights when it comes in front of the Commons.

- ask your MP to tell their caucus colleagues, the Minister Responsible
for Canada Mortgage and Housing Corporation and the Prime Minister that
they support the Housing Bill of Rights.

It's important to act quickly, since the bill is being introduced by the
end of November. Every fax, every letter will help.

Please e-mail Michael Shapcott of the National Housing and Homelessness
Network at [log in to unmask] with the response from your MP.

Thanks for helping in this critical campaign.

- Michael Shapcott

* * *



An Act to provide for adequate, accessible and affordable housing for
Canadians

Preamble

WHEREAS the provision of and access to adequate housing is a fundamental
human right according to Article 25(1) of the United Nations Declaration
of Human Rights, which states:

"Everyone has the right to a standard of living adequate for the health
and well-being of himself [or herself] and of his [her] family,
including food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his [her] control."

WHEREAS Canada signed the International Covenant on Economic, Social and
Cultural Rights in 1976, a legally binding treaty, committing Canada to
make progress on fully realizing all economic, social and cultural
rights, including the right to adequate housing, as outlined in Article
11(1) of the Covenant:

"The States Parties to the present Covenant recognize the right of
everyone to an adequate standard of living for himself [or herself] and
his [her] family, including adequate food, clothing and housing, and to
the continuous improvement of living conditions. The States Parties will
take appropriate steps to ensure the realization of this right ..."

WHEREAS the enjoyment of other human rights such as those to privacy, to
respect for the home, to freedom of movement, to be free from
discrimination, to environmental health, to security of the person, to
freedom of association, to equality before the law and other rights are
indivisible from and indispensable to the realization of the right to
adequate housing;

WHEREAS the immediate action required by State Parties to the Covenant
arises out of Article 2(2) of the Covenant which provides that State
Parties undertake to take steps to carry out its provisions by all
appropriate means, including particularly the adoption of legislative
measures;

WHEREAS the United Nations Committee on Economic, Social and Cultural
Rights has interpreted this to mean that State Parties are obliged to
immediately begin to adopt measures towards the full enjoyment by
everyone of the right to housing.

WHEREAS the United Nations Committee has been highly critical of
Canada's failure to make progress on the provision of adequate housing
for all Canadian's, a criticism made most recently in its December 10,
1998 concluding observations, which state:

"The Committee is gravely concerned that such a wealthy country as
Canada has allowed the problem of homelessness and inadequate housing to
grow to such proportions that the mayors of Canada's 10 largest cities
have now declared homelessness a national disaster."

WHEREAS the United Nations Committee issued a specific recommendation
that Canada implement a national strategy aimed at reducing homelessness
and poverty, stating:

"The Committee recommends that the federal, provincial and territorial
governments address homelessness and inadequate housing as a national
emergency by reinstating or increasing, as the case may be, social
housing programmes for those in need, improving and properly enforcing
anti-discrimination legislation in the field of housing, increasing
shelter allowances and social assistance rates to realistic levels,
providing adequate support services for persons with disabilities,
improving protection of security of tenure for tenants and improving
protection of affordable rental housing stock from conversion to other
uses. The Committee urges the State Party to implement a national
strategy for the reduction of homelessness and poverty";

WHEREAS Canada's wealth and national budget are more than adequate to
ensure that every woman, child, and man residing in Canada has secure,
adequate, accessible and affordable housing as part of a standard of
living that will provide healthy, physical, intellectual, emotional,
spiritual and social development and a good quality of life;

WHEREAS achievement of improved housing conditions is best realized
through co-operative partnerships of government, civil society and the
meaningful involvement of local communities; and

WHEREAS the Parliament of Canada wishes to ensure the establishment of
national goals and programs that seek to improve the quality of life for
all Canadians as a basic right;

THEREFORE Her Majesty, by and with the advice and consent of the Senate
and House of Commons of Canada, enacts as follows:


Short Title

1. This Act may be cited as the Housing Bill of Rights.

Interpretation

2. The definitions in this section apply in this Act.

"accessible housing"  means housing that is accessible to the
individuals who are intended to occupy it including those who are
disadvantaged by age, physical or mental disability, medical condition
or by being victims of a natural disaster.

"adequate housing" means housing that is habitable and structurally
sound, and that provides sufficient space and protection against cold,
damp, heat, rain, wind, noise, pollution and other threats to health.

"affordable housing" means housing that is available at a cost that does
not compromise the attainment and satisfaction of an  individuals other
basic needs of life, including needs for food, clothing and access to
education.

"Minister" means the Minister of Public Works and Government Services.


Rights respecting housing

Right re provision of housing

3.(1) Subject to this Act, every individual has the right to secure,
adequate, accessible and affordable housing, as defined in this Act.

Rights enjoyed free of discrimination

(2) Every individual has the right to housing referred to in section 2
free from the discrimination referred to in subsection (3).

Forbidden grounds of discrimination

(3) No person shall make any discrimination in another's right to
housing established by this Act on the basis of  race, national or
ethnic origin, colour, religion, sex, age, mental or physical
disability, family status or the presence of children, sexual
orientation, medical status, citizenship, level of education, employment
status, social condition or reliance on welfare or other public
assistance.

Security in the enjoyment of housing

4. Every individual has the following rights, with respect to housing:

(a) security of tenure against arbitrary eviction, forced relocation,
expropriation or threat of any of them, or other from of harassment;

(b) a right  to housing that is appropriate to those with special needs,
including the availability of attention combined with independence;

(c) a right for all children, women and men to a home in a safe and
healthy environment;

(d) a right to a home free from violence, threat of violence or other
form of harassment, both domestic and from outside the home;

(e) a right to enjoyment and respect of privacy in the home;

(f) a right to the economic security that results from protection from
rent, property tax or other housing cost increases that

(i) are sudden or excessive;

(ii) are primarily intended to yield an unreasonable profit or increase
in the value of rental property; or

(iii) have the effect of diminishing the other rights established by
this Act.


Enforcement, offences and penalties

Enforcement of rights

5. Every individual has the right of access to a court of competent
jurisdiction to bring an action to enforce the rights to which they are
entitled under sections 3 and 4 or otherwise under this Act or under any
other laws designed to grant rights to, ensure security in and prevent
discrimination with regard to access to housing.

Other remedies protected

(2) Subsection (1) does not reduce or abrogate any other remedy
available at law.

Offences and penalties

6.(1) Every person or legal entity who contravenes any provision of this
Act or takes away,  or threatens a right of an individual granted by
this Act is guilty of an offence and punishable on summary conviction

(a) to a fine of not more than $5000 for a first offence,  and

(b) to a fine of not more than $10,000 or to imprisonment for not more
than six months or to both fine and imprisonment for a second or
subsequent offence.

Separate offences

(2) For the purposes of subsection (1), an act or omission that takes
away or threatens the rights of more than one individual constitutes a
separate offence in respect of each such individual.


Government policies and housing strategy

General government housing policies

7.(1) The Minister shall develop and undertake, in cooperation with the
governments of the provinces and municipalities, including the
conference referred to in section 12, policies to ensure that the costs
of housing in Canada do not prevent or threaten the attainment and
satisfaction of other basic needs including needs for food, clothing and
access to education.

Financial assistance

(2) Policies mentioned in subsection (1) must provide for:

(a) financial assistance in respect or rent for those who are otherwise
unable to afford the rights to rental housing established by this Act;

(b) availability of finance and credit free from discrimination based on
a characteristic listed as a forbidden ground of discrimination in
subsection 3(3) for those who, with such finance and credit, may be able
to purchase housing.



National housing strategy for the economically disadvantaged

8.(1) The Minister shall develop and undertake, in cooperation with the
governments of the provinces and municipalities, including the
conference referred to in section 12, a national housing strategy and
programs to carry it out to ensure the fulfillment of the rights granted
by this Act.

Elements of strategy

(2) A national housing strategy must provide, by January 1, 2003, for
housing to be available to meet the requirements of this Act and that:

(a) is adequate, affordable and accessible and on a not-for-profit basis
for those who cannot otherwise afford it;

(b) reflects the standards of the local community

(c) does not cost more than 30% of the occupants' pre-tax household
income;

(d) is appropriate for different needs and provides reasonable design
options including provision of an appropriate proportion with access for
the elderly and those with disabilities;

(e) uses design and equipment standardization where appropriate to
accelerate construction and minimize cost;

(f) includes not-for-profit rental housing projects, mixed income,
not-for-profit housing cooperatives, special needs housing and housing
that allows senior citizens to remain in their homes as long as
possible; and

(g) includes the housing for the homeless specified in section 11; and

(h) includes provision for temporary emergency housing and shelter in
the event of disasters and crises; and

(i) provides standards for the maintenance for existing housing stock
and for the construction and maintenance of new housing to meet
appropriate health, security and safety standards.

Implementation date

(4) The national housing strategy described in this section shall be
implemented as soon as possible in accordance with section 12 to ensure
the fulfillment of subsection (5).

Legally enforceable by 2003

(5) The right to adequate, accessible and affordable housing described
in this Act is a right that is legally enforceable from January 1, 2003.

Priority for chronically ill-housed and disadvantaged

9. Programs developed under section 8 shall ensure priority in the
provision of adequate, accessible and affordable housing to

(a) those who have had not had adequate, accessible and affordable
housing over an extended period,

(b) those with special housing requirements because of family status or
size or mental or physical disability, and

(c) those who have difficulty in obtaining housing because of a
characteristic listed as a forbidden ground of discrimination in
subsection 3(2),

Programs to cover the homeless

10. Programs developed under section 8 shall include provision for the
rights of the homeless described in section 11.

Special rights of the homeless

11. Every individual who is homeless has a right to the immediate
provision by public authorities of adequate, self-contained and
appropriate housing.


Inadequate housing

(2) A hostel, emergency shelter or accommodation that provides only bed
and breakfast is not adequate housing for the purposes of subsection
(1).





Appeal

(3) Every homeless individual who is refused the housing provided for in
subsection (1) has the right to appeal the refusal in a court of
competent jurisdiction.

Conference

12.(1) The Minister and the Minister of Public Works and Government
Services shall jointly, within 180 days after the coming into force of
this Act, convene a conference of the ministers of the Crown for each
province responsible for housing and representatives of municipalities
and communities.

Function of conference

(2) The conference convened pursuant to subsection (1) shall

(a) develop standards and objectives for the national housing strategy
and programs to carry it out described in section 8,

(b) set targets for commencement of the programs,

(c) recommend a time by which an additional 1% of the annual
expenditures of the federal and all provincial and municipal governments
during the fiscal year ending March 31, 2002 should be assigned to the
national housing programs throughout Canada; and

(d) develop principles of an agreement between the federal, provincial
and municipal governments for the development and delivery of the
programs.

Report to Parliament

13. The Minister shall cause a report on the conference, including the
matters referred to in paragraphs 12(a) to (d), to be laid before each
House of Parliament on any one of the first five days that the House
sits following the expiration of 180 days after the end of the
conference.

Coming into force

14. Sections 5 and 6 and subsection 11(3) come into force on January 1,
2003.



SUMMARY

The purpose of this enactment is to respect the dignity and worth of all
women, children and men in Canada by protecting their human rights
through the provision of adequate, accessible and affordable housing and
security in its enjoyment.

This to be achieved by financial policies and by the establishment of a
national housing strategy and programs to effect it.

The program must ensure the supply of such housing to those who cannot
otherwise afford it as soon as possible and as a legally enforceable
right from January 1, 2003.

The Minister of Public Works and Government Services is required to
convene a conference of the three levels of government and community
representatives within 180 days to develop and plan the national housing
strategy and programs and to report to Parliament on the conference
within a further 180 days.



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