Canada Declared Housing a Human Right

In Mississauga, a single mother of three has to choose between paying rent and buying groceries. She’s not alone; across the country, more than 235,000 Canadians experience homelessness each year, and one in ten households spend over 50% of their income on shelter, placing them at serious risk of losing their homes.

In 2019, the federal government passed the National Housing Strategy Act, declaring that "the right to adequate housing is a fundamental human right affirmed in international law." It was a historic moment; Canada became one of the few countries to enshrine housing rights in domestic legislation. But five years later, the legal force of this declaration remains unclear. You still can’t go to court and argue that your right to housing has been violated. In practice, this “right” is more symbolic than substantive.

Canada is a signatory to the International Covenant on Economic, Social and Cultural Rights, which recognizes housing as part of the right to an adequate standard of living. But unlike many Charter rights, this guarantee has no clear mechanism for enforcement, a reality the UN has repeatedly flagged as a failure to meet international obligations. And while the Federal Housing Advocate can now investigate systemic housing issues, they cannot issue binding orders or compel governments to act.

So what does it mean when Canada calls housing a human right, but offers no way to claim that right in court?

The Act begins with a powerful declaration: “Housing is essential to the inherent dignity and well-being of the person…” But the law does not provide a way to enforce this.

While Canada made this declaration proudly, this does not create a justiciable right, meaning individuals cannot sue the government if their housing needs are not met. This mirrors Canada’s obligations under the ICESCR, but like many UN-aligned declarations, it is hollow. There’s no way to enforce it in court.

Section 7 of the Canadian Charter of Rights and Freedoms protects “life, liberty, and security of the person,” but courts have not recognized a positive right to housing. While many efforts have been made to challenge this, such as the many recent charter-based homelessness litigation taking place in Ontario, these challenges have all either been dismissed or failed.

A right that cannot be claimed is not a right, it's a hope. In a time where housing costs make homeownership a distant dream for many young people, hope is simply not enough. With no consistent laws for tenants or strategic programs for homeownership across the country, there is no national legal floor for housing security.

Symbolic recognition of housing rights didn’t stop displacement, even during COVID-19. Although Ontario briefly halted eviction hearings during 2019, eviction applications never went away, and soon after the moratoriums ended, filings began climbing again. In Toronto alone, landlords submitted over 5,000 eviction applications between April and November 2020, and advocates warned of a ‘bloodbath of evictions’ by year's end.

This continues today: municipalities criminalize homelessness through encampment evictions; rents rise with no legal recourse; and waitlists for subsidized housing stretch over a decade. Without legal protection, the most vulnerable face displacement, instability, and long-term harm.

So what can be done? First, we need to give the Federal Housing Advocate real power, not just to investigate, but to hold governments accountable. Second, the federal government must work with provinces to create national minimum standards for tenant protections, legal aid, and eviction defense. And third, it’s time to consider whether Section 7 of the Charter, which protects life, liberty, and security of the person, should be interpreted to include the right to adequate housing. Courts have been reluctant to recognize economic and social rights. But if housing truly underpins dignity, security, and survival, then it belongs in the same legal category.

Canada’s promise of housing as a human right was bold, but until that right becomes enforceable, it will remain symbolic. If we truly believe that no one should have to choose between rent and food, then hope isn’t enough. We need law, accountability, and action.