Institutional Mistreatment and the Right to Refuge

A Statement by the Canadian Poverty Institute on the 2024 International Day for the Eradication of Poverty (October 17)

Today, October 17th, is the United Nations International Day for the Eradication of Poverty.  This year, the focus is on social and institutional mistreatment of those experiencing poverty. The United Nations calls this “a widespread but often ignored aspect of poverty” adding that this “hidden violence, which includes stigma, discrimination, and the denial of basic human rights, causes deep harm to individuals and communities already struggling with poverty.”

The Canadian Poverty Institute shares this concern. In particular, we highlight the gross violations of human rights experienced by those who are homeless. While the lack of housing is itself a human rights violation, those experiencing homelessness face additional egregious violations of their rights. This includes violations of their right to health, safety, and property that compromise their life and dignity.

Recently, homeless encampments have grown across Canada as a direct result of the inability to realize the right to housing. In response, many municipalities have taken measures to remove the residents of those encampments and their belongings. In 2022, the Ontario Superior Court ruled against an attempt by the Region of Waterloo to evict residents of a homeless encampment in the city of Kitchener on the grounds that removing them is a violation of their rights under the Canadian Charter of Rights and Freedoms.

Section 7 of the Charter states that:

“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”

In its judgement, the Court ruled that:

“…there are not enough accessible shelter beds for the Region’s homeless population. If evicted from the Encampment, the residents will likely be forced to live in the rough or set up camp somewhere else because there is an insufficient supply of low-barrier accessible beds in the Region. In these circumstances, creating shelter to protect oneself is, in my opinion, a matter critical to any individual’s dignity and independence. The Region’s attempt to prevent the homeless population from sheltering itself interferes with that population’s choice to protect itself from the elements and is a deprivation of liberty within the scope of section 7.”

As winter approaches, we draw attention to another aspect of institutional mistreatment, as rules are often enforced against sheltering in public spaces against the weather. Severe weather, particularly cold, poses a real and present danger to the life and health of those who are exposed to it. Yet, many public authorities continue to enact and enforce rules against sheltering in public spaces such as transit stations, even during times of extreme weather.

While nobody would think to throw someone back in the water if they had managed to climb to a safe place in a flood, we are less hesitant to do the same to those seeking shelter from the cold. In too many cases, those sheltering in public spaces are forced to leave by security workers even though they may have nowhere else to go. In times of life-threatening extreme weather, public spaces may be the difference between life and death for those who are homeless.  

Granted, public spaces are not appropriate homeless shelters, nor were they designed to be. At the same time, however, simply removing people from what is perhaps their only place of refuge is equally untenable and morally wrong. In such conditions, there is an ethical responsibility to ensure that those who are being asked to leave have an alternative place of shelter and the ability to safely get there. 

In January 2024, the Canadian Poverty Institute issued a call to Canadian municipalities to enshrine a “Right to Refuge”. This call to action urged all municipal governments to to work with homeless service providers to develop a policy whereby during extreme weather conditions persons seeking shelter in public spaces shall not be removed from those spaces unless or until:

a)    They or their representatives are meaningfully engaged regarding their shelter circumstances; and,

b)    Based on this engagement, suitable alternative places of shelter and safe transport to them can be arranged; and / or,

c)    their welfare is assessed by qualified professionals; and / or,

d)    after their welfare has been assessed they refuse assistance.

With winter and the prospect of extreme weather approaching once again, we renew our call to municipal governments to adopt a Right to Refuge policy consistent with the Canadian Charter of Rights and Freedoms.

Read our Call to Action here.