Do evictions violate the right to housing in Canada?

Question from The Illusion, Do evictions violate the right to housing in Canada?

Answer from AI:

The Right to Housing in Canada

The Canada National Housing Strategy Act formally recognises the right to housing as a fundamental human right. Nova Scotia’s Affordable Housing Commission Final Progress Report (August 2022) reinforces this commitment, obligating the province to align its policies with the federal strategy under the National Housing Strategy Bilateral Agreement. This framework establishes a national expectation that all Canadians should have access to affordable, adequate, and secure housing.

How the Right to Housing Interacts with Eviction Law

While the right to housing is recognised, it does not create an absolute prohibition on all evictions. Canadian law balances the right to secure housing with the rights of property owners and landlords. The key question is whether an eviction is carried out in a way that respects the principles underlying the right to housing:

• Due Process: Tenants must receive proper notice and an opportunity to be heard before an eviction can proceed. Provincial residential tenancy acts (e.g., Nova Scotia’s Residential Tenancies Act) set minimum notice periods and procedural safeguards.
• Non‑Discrimination: Human rights statutes—including the Canadian Human Rights Act and provincial human rights codes—prohibit evictions that are discriminatory on the basis of race, disability, family status, or other protected grounds.
• Proportionality: Courts consider whether the eviction is a reasonable response to the landlord’s legitimate interests (e.g., non‑payment of rent, illegal activity) versus the tenant’s need for stable housing.

When these safeguards are ignored, an eviction can be viewed as inconsistent with the right to housing because it threatens a person’s security of the person—a principle protected by Section 7 of the Canadian Charter of Rights and Freedoms.

Situations Where Evictions May Conflict with the Right to Housing

• Arbitrary or retaliatory evictions: If a landlord evicts a tenant without a valid legal reason or as retaliation for exercising protected rights (e.g., filing a complaint about housing conditions), the action may breach human‑rights obligations.
• Failure to provide reasonable accommodation: For tenants with disabilities, landlords must make accommodations that may include reasonable adjustments to tenancy terms. Evicting a tenant who requests such accommodation can violate the right to housing.
• Lack of alternative housing: When an eviction would render a tenant homeless and no reasonable alternative housing or support is offered, the eviction may be considered contrary to the policy objectives of the National Housing Strategy, which emphasizes preventing homelessness.

Legal Protections and Remedies

• Provincial tenancy boards/tribunals: Tenants can challenge unlawful evictions before bodies such as the Nova Scotia Residential Tenancies Board, which can order reinstatement or compensation.
• Human rights complaints: If discrimination is involved, a tenant may file a complaint with the Canadian Human Rights Commission or the Nova Scotia Human Rights Commission.
• Charter challenges: In rare cases, a tenant may argue that an eviction infringes on their Section 7 rights, though courts typically require a clear link between the eviction and a violation of life, liberty, or security of the person.

Practical Steps for Tenants

1. Review the lease and provincial tenancy legislation to confirm the landlord’s grounds for eviction.
2. Document all communications and any notice received.
3. Seek assistance from a tenant‑rights organization or legal aid service as early as possible.
4. Consider filing a human‑rights complaint if discrimination is suspected.

Because the application of the right to housing to specific eviction cases can be complex and highly fact‑dependent, individuals facing eviction should consult a licensed lawyer or a qualified legal‑aid provider for personalized advice.

Useful resources

• National Housing Strategy – Government of Canada
• Canadian Human Rights Act (Justice Laws Website)