WOMEN
AND HOUSING IN CANADA:
WOMEN’S HOUSING PROGRAM
WOMEN AND HOUSING IN CANADA:
This report was researched and written by: Maureen Callaghan, Leilani Farha, and Bruce Porter with the assistance of John Fraser, Niamh Harraher, Michelle Mulgrave, and Sherrie Tingley.
CERA would like to thank the many individuals and organizations who supported this project, provided feedback on initial drafts of the report and attended the Consultation in Ottawa. CERA would also like to thank Michelle Briand and Martin Dufresne for their excellent translation of the draft and final research report into french.
CERA would like to thank Status of Women Canada and the Department of Justice for their support for this project.
Copyright Centre for Equality Rights in Accommodation, Toronto, 2002.
Introduction Page 1
Chapter 1: Re-Defining and Re-Thinking Homelessness Page 6
Chapter 2: Federal Housing Programs Page
16
A. Rental Housing Page
16
B. Homeownership Page
27
C. Homelessness Secretariat Page
31
Chapter 3: Aboriginal Women and Housing Page 33
Chapter 4: Income Support Programs Page
46
A. Income Assistance – CAP and Beyond Page 47
B. NCB Supplement Page 54
C. Employment Insurance Page
61
Chapter 5: Recommendations Page 68
Twenty-five
years ago, any discussion of the “homeless” in Canada referred to a relatively
small number of transient single men living in “flop houses” in Toronto,
Montreal or Vancouver.[1] Today,
widespread homelessness in Canada is recognized as a “national disaster” that
is both rural and urban and which most dramatically affects women and children.[2]
Women’s experiences of homelessness, however, still
tend to be ignored. Homelessness is
often equated exclusively with those seen on city streets, predominantly men. Although recent data suggests that in cities
like Toronto, as many as one in four people living on the street may be women,
street homelessness is not representative of most women’s experiences.[3] For women with children, living on the street
is an impossible option that is almost certain to mean losing their
children. For single women, increased
vulnerability to violence and sexual assault make street life something to be
avoided at all costs.[4] Existing shelter
surveys indicate dramatic increases in the use of shelters by both single women
and women with children, particularly Aboriginal women and black women.[5] But living in a shelter is also
considered a last resort and the increasing number of women in shelters is certainly only a small fraction of the
number of women across Canada experiencing housing crises and homelessness in
diverse ways –
living with the threat of
violence because there are no other housing options; living in unsafe or
unhealthy accommodation; sacrificing other necessities such as food, clothing
and medical needs to pay rent or to make mortgage payments; moving into overcrowded accommodation with family or
friends; or losing custody of their children because of inadequate housing.[6] Most of these
individualized “housing crises” do not show up in homelessness counts or media
portrayals of homelessness, but they increasingly define the lives of lower
income women in Canada.
There has been too little analysis of homelessness as
a women’s issue or consideration of various programs and responses to
homelessness from the standpoint of the particular barriers facing women in
meeting their housing needs. The goal of
this research project is to consider homelessness from this neglected
perspective, to facilitate collaboration among women in order to address some
of the important omissions and failures of current federal programs and to
fashion appropriate strategies through which the federal government could
respond to the growing crisis of women’s homelessness in Canada.
During
an era characterized by the withdrawal of the federal government from the
housing field, and given that provinces hold ultimate constitutional
responsibility for most housing in Canada, a focus on federal policies and
programs may seem anachronistic.
However, most of those with whom we have consulted agree that it is
important to recognize the unique responsibilities of the federal government
and the role that it plays in the various policy areas that have a direct
effect on women’s homelessness.
Although special arrangements would need to be made with respect to Quebec, local control and administration of housing and income programs does not remove the need for national co-ordination and leadership. As is noted in s. 36 of the Canadian Constitution, the federal government and the provinces are jointly committed to ensuring public services of reasonable quality to all Canadians. It is the federal government which is responsible for reporting on Canada’s compliance with international human rights law guaranteeing the right to adequate housing and for ensuring that all levels of government respond to the strongly worded “concerns” from a number of U.N. human rights treaty monitoring bodies about growing homelessness as a violation of fundamental human rights in Canada. The federal government has constitutional responsibility for First Nations’ Aboriginal housing and thus for addressing what is widely recognized, both in Canada and internationally, as “the most pressing human rights issue facing Canadians.”[7] Under the Social Union Framework Agreement, the federal government is jointly committed with the provinces to “meeting the needs of Canadians” including ensuring access “to essential social programs” and providing “appropriate assistance to those in need.”[8]
The
National Housing Act (NHA) mandates a diverse and significant role for
the federal government with respect to “the improvement of housing and living
conditions.”[9] While the
Canada Mortgage and Housing Corporation (CMHC) has divested itself of direct
responsibility for many social housing programs, it continues to be a partner
with provinces in social housing agreements, provides about two billion dollars
of subsidy for social housing in a wide range of social housing and rent
supplement programs, and has direct responsibility for overseeing federally
funded co-operative housing.
As
will be seen in the review of federal programs in assisted housing, the federal
government historically took the lead role in developing affordable rental
housing programs. When the federal
government withdrew from funding new social housing programs in recent years,
provinces followed suit with cuts in expenditure that were even more dramatic
than those initiated by the federal government.[10] Recent
attempts at reversing this trend have been spearheaded by the federal
government and it is important that these new initiatives be considered from
the standpoint of women’s homelessness.
The
federal government also plays the lead role with respect to programs and
policies related to access to homeownership and assistance for homeowners. While it is true that many low income women
are unable to consider the option of homeownership, a considerable proportion
of single mothers and other women continue to rely on this option, and many
more might benefit from it if discriminatory barriers were removed. Chapter Two of the study focuses on federal
government programs specifically related to housing, looking particularly at:
A. The federal government role in assisted rental housing; B. Home Ownership
and C. Federal Homelessness Initiatives from the standpoint of women’s housing
and homelessness.
Aboriginal
housing remains a critical component of federal responsibilities toward
Aboriginal people. With living
conditions on-reserve having been described as “intolerable” by the Royal
Commission on Aboriginal Peoples and with Aboriginal women and children
dramatically over-represented among the homeless in urban centers like
Vancouver, this area of federal responsibility, reviewed in Chapter Three, is
critical with respect to women’s homelessness.[11]
In addition to the federal role in housing programs,
it is also important to consider the impact of income policies and programs in
which the federal government plays a key role. The protection of income
security resulting from unemployment, long term disability and pregnancy and
parenting of infants, a federal responsibility under the federal Employment
Insurance Program, is critical to security of tenure for women and to ensuring
that women have an income with which to pay for housing during times of
increased risk of homelessness. Also,
federal cost-sharing agreements for social assistance programs have always been
an integral component of the protection of income security, critical to meeting
women’s housing needs, particularly those of single mothers, women with
disabilities, newcomers and young women.
Adequate financial assistance for costs of housing was a requirement of
such programs under the Canada Assistance Plan Act, and subsequent changes in
federal/provincial agreements in this area have had a dramatic impact on
women’s homelessness. In addition, a new reliance in federal provincial
agreements on the income tax system as a vehicle for providing financial
assistance and funding programs for families living in poverty through the
National Child Benefit, establishes a direct link between federal taxation
policies and the ability of women with children to meet their housing
needs. Chapter Four considers these
three critical aspects of federal income policy as they impact on women’s
homelessness: A. Income Assistance and the repeal of the Canada Assistance
Plan; B. The National Child Benefit; and C. Employment Insurance
Prior to commencing our analysis of federal programs
and policies in light of women’s homelessness, however, it is important to
consider in more general terms how we ought to conceive of homelessness from
women’s perspectives. The first chapter,
Re-thinking Homelessness, considers ways in which traditional definitions and
approaches to homelessness have failed to include or address women’s diverse
experiences. We consider some of the
inter-connections between housing programs, subsidy eligibility and allocation,
income security, access to credit, security of tenure, transportation and
service needs which are often neglected but which are central to women’s
experiences of homelessness. We also consider, in this section, some of the
distinctive issues facing rural women, Aboriginal women, young women, immigrant
women, single mothers, women with disabilities and racialized women that have
been ignored in prevailing conceptions and approaches to homelessness, and
which need to be part of the framework within which we consider federal
programs and their impacts on women’s homelessness.
The
Inadequacy of Traditional Definitions of Homelessness for Women
Because
women’s housing crises do not commonly manifest in street homelessness, an
inclusive analysis of homelessness cannot adopt as its definition of
homelessness “sleeping rough on the streets” as some analysts have defined it.[12] At the same
time, a frequently used alternative definition based on “affordability
criteria”, which would categorize a household paying more than 50% of income
towards rent as being “at risk of homelessness,” is also problematic.[13]
The
fact that an increasing number of women are now living on the street is
certainly an important indicator of a growing problem, but it would be
inappropriate to analyze the nature of the problem of women’s homeless in terms
of street homelessness. Similarly, it is
certainly the case that paying a high percentage of income toward rent is frequently
associated with hardship and may often force women to live without adequate
food and other necessities in order to pay rent. On the other hand, “rent to income ratios” or
generalized “affordability” criteria have often been associated with the assumption
that those who must pay high proportions of income toward rent or mortgage
costs are more likely to default and face eviction or lose their homes. Since women are more likely to be caring for
children and to be paying high percentages of income toward rent, such an
assumption has obvious discriminatory implications for women.
Landlords
across Canada deny thousands of women access to the most affordable apartments
they can find on the basis of arbitrary minimum income criteria or “rent to
income” ratios which disqualify the majority of women. Banks and credit companies similarly
disqualify most women from mortgages on the basis of similar requirements of
minimum incomes in relation to mortgage costs, without any consideration of
whether they may have been paying higher monthly payments in rent without
default.[14] Human rights
tribunals and courts have ruled that there is no evidence to substantiate the
use of rent to income ratios as indicators of risk of default on rent and found
the use of minimum income criteria discriminatory when used by landlords to
disqualify single women, and single mothers, social assistance recipients,
Black women, newcomers and other equality seeking groups seeking rental
apartments.[15] Similarly, the refusal of a mortgage to a single
mother on social assistance on the basis of similar reasoning was found by a
Quebec tribunal to constitute discrimination on the basis of social condition.[16] Comparative
data on the percentage of income paid toward rent or mortgage payments is
certainly useful in considering the unique vulnerability of women and is
clearly indicative of a risk of homelessness in the sense of having to forego
other necessities to pay the rent or perhaps to move out of appropriate housing
to avoid default. As an indicator of
risk of “homelessness”, however, such data needs to be considered in
conjunction with many other factors and clearly distinguished from
discriminatory assumptions and policies used to deny women access to housing
and credit.
Other
definitions of homelessness are derived from a broader concept of housing
adequacy, such as the definition suggested by the United Nations Year of
Shelter for the Homeless:
Those who have no home and who live either outdoors or in emergency shelters or hostels, and people whose homes do not meet UN basic standards of adequate protection from the elements, access to safe water and sanitation, affordable prices, secure tenure and personal safety, and accessibility to employment, education and health care.
However,
it is unclear whether this definition would include within its ambit a woman
who is sleeping with her children on the floor of a friend’s apartment or
whether “affordable prices” would include the requirement, in the Canadian
context, of timely access to adequate income assistance necessary to pay the
rent in the event of job loss or other change of circumstance. A focus on housing “adequacy” may divert
attention from other critical determinants of homelessness for women. It is particularly important, in our view, to
recognize that homelessness relates to more than simply housing and that a
review of the causes of homelessness needs to consider a much wider range of
government programs and policies than housing programs per se.
Women’s housing crises leading to homelessness often result from short-term changes and transitions which are not captured by general affordability or adequacy measures and are often overlooked in programmatic responses to homelessness.
Women
are more likely to be in non-permanent employment and are more vulnerable to
lay-offs and changes in income than men. Women assume disproportionate
responsibility for dealing with needs which may suddenly arise from illness and
disability within the immediate or extended family. Women experience dramatic income loss after
separation (an average 23% decrease in income while men experience a 10%
increase).[17] On divorce,
women who are sole support mothers have an average 33% decrease in household
income. Pregnancy and care of young
children often results in interruptions in earnings. Domestic violence and sexual assault may
suddenly create housing needs that were not anticipated a few months earlier,
and may suddenly render emergency housing options or shared accommodation
untenable.
These
types of unique challenges in women’s lives in relation to income stability,
daycare, transportation, dependents with disabilities, personal security and
the needs of children define the complex interdependencies behind women’s
homelessness. Proposed solutions need to
be contoured to these realities. Increased supply of subsidized housing, for
example, will not address the needs of women in these types of situations if
the allocation system restricts access to subsidy to those who applied a number
of years previously. Similarly, child
tax credits or employment insurance supplementary benefits linked to a previous
year’s annual income are unlikely to meet these kinds of transitional
crises.
The
homelessness crisis facing women is also a poverty crisis and cannot be
understood merely in relation to scarcity of appropriate housing. Based on consideration of housing supply
alone, one might imagine, for example, that women’s homelessness would have
been worse in the mid and late 1980’s when cities like Toronto had vacancy
rates as low as 0.1%, and that homelessness would have abated through the
1990’s with higher vacancy rates. In
fact, the opposite has occurred.[18] In Toronto,
shelter use has increased from approximately 1,000 in the mid 1980s to almost
5,000 by the end of 1990s and among shelter users the proportion of women has
risen dramatically.[19] This
unprecedented rise in women’s homelessness needs to be understood in the
context of fundamental economic and policy changes effecting women rather than
solely in terms of vacancy rates and housing availability. While affluent groups in Toronto experienced
dramatic increases in income and wealth during those years, women’s income has
been seriously eroded. Between 1989 and
1998 while rents rose by 42% or $3,276 per year, the average annual income of
single mothers fell by more than $1,000.[20] The reason
women are at such an increased risk of homelessness by the end of the 1990s
relates more to their ability to pay for the costs of housing than to the
vacancy rate.
The
prevalence of more restrictive definitions of homelessness has at times
deflected attention from some of these fundamental determinants of women’s
homelessness. When the federal
government announced in 1995 that it would revoke the Canada Assistance Plan
Act and thereby remove the legally enforceable requirement that provincial
social assistance rates be sufficient to cover housing and other basic
requirements, the newly elected Conservative government in Ontario followed
suit by announcing a 21.6% cut to social assistance. The cuts were challenged on the basis that
67,000 single mothers and their children would be forced from their homes, many
into homelessness in Toronto and other cities.[21] Yet when the
predicted crisis of homelessness among women with children materialized, it has
been portrayed primarily as a “housing” crisis and the issue of women’s poverty
and inadequate social assistance rates has received little attention. The effects of the welfare cuts has been
largely displaced on the public agenda, with a primary focus on street
homelessness, declining vacancy rates and the need for new housing supply.
In
this context, lengthy waiting lists for subsidized housing units are frequently
cited as evidence of the homelessness crisis and of the need for new housing
supply but they are rarely cited as evidence of a need for financial assistance
for impoverished households to be able to pay rent. In fact, those on the lengthy waiting lists
might be more accurately described as waiting for “rent subsidies” rather than
simply waiting for housing, as unsubsidized units in the same complexes usually
have comparably short waiting lists or no waiting lists at all.
Housing
issues and homelessness, of course, cannot be entirely reconfigured as income
issues. But there needs to be a better
integration of policy analysis in these two areas to adequately understand and
address the issue of women’s homelessness. If housing advocates sometimes
ignore important income issues that primarily affect women, income policy
analysts also tend to ignore important housing issues for women. For example, policy analysis of problems
related to the transition from social assistance to paid employment have been
addressed under the rubric of “child poverty” and addressed through a “child
benefit” without any analysis of the way in which access to housing allowance
or housing subsidy affects this transition.
A woman with children living in unsubsidized housing who receives a
variable shelter allowance as part of her social assistance will lose this
critical benefit when she goes off social assistance, while a woman in
subsidized housing will simply receive a similar housing allowance from a
different source. Rather than
considering ways in which all women in these circumstances could have access to
an income supplement necessary to be able to pay for housing, policy responses
to child poverty have simply ignored the issue of housing costs and shelter
subsidies, and in many cases fail to provide benefits to families who lack the
necessary income to pay for housing for themselves and their children.[22]
It
is also important not to restrict consideration of women’s homelessness to
issues related solely to urban rental markets.
CMHC data on average rents and vacancy rates invariably suggest that
affordability and vacancy problems are most severe in large cities. But in a small universe of rental units, as
is common in small towns, a vacancy rate of 5% may correspond to only two
available apartments, neither of which may be appropriate or affordable for low
income households and may thus correspond to a serious “housing crisis” for low
income women. Also, CMHC average rents
in rural areas usually do not include heat and utilities. In Toronto, on the other hand, heat and
utilities costs are included in rent in over 95% of units surveyed by CMHC and
therefore included in CMHC’s data on average rents.[23] In northern
communities, where apartments are frequently heated with electricity and
improperly insulated, these heating costs can be prohibitive.
Census
data on “gross rent” which includes heat and utilities cost, thus show a very
different picture of the reality facing rural and northern women than CMHC
data. In Ontario, for example, a
significantly higher proportion of lone parent households in a number of rural
areas are forced to pay more than 50% of income toward “gross rent” than in
Toronto.[24] This
affordability crisis for rural and northern women is exacerbated by
transportation costs, which are an integral component of housing choices made
by women in rural areas. Purchasing and
maintaining a car and driving long distances to doctors’ offices, shopping,
schools and work are unavoidable costs for those living in rural housing, and
may pose a real threat to maintaining it.
For Aboriginal women living in remote northern communities, costs for
food and other basic necessities include large amounts for transportation, as
do costs associated with access to basic medical and other services. Housing costs cannot really be isolated from
other costs in assessing affordability issues in these situations.
Prevailing approaches to housing and homelessness
focus almost exclusively on urban rental markets and have tended to
underestimate the importance of homeownership as an option for many women. While it is true that the majority of
homeowners in Canada have significantly higher incomes and more wealth than
tenants, there are nevertheless many low income women for whom homeownership is
the most affordable or, in many rural areas, the only viable housing
option. Almost a third of single mothers
in Canada are homeowners, many of them low income[25] As will be seen in Chapter Two, many more
women would find home ownership a more affordable and economical option if
barriers denying them access to lower interest credit maintained by CMHC and
implemented by banks and credit unions were eliminated.
In
addition to women’s poverty, there are many other intersecting disadvantages
which need to be considered in an analysis of the diverse experiences and
determinants of women’s homelessness.
Important
racial dimensions to homelessness are frequently ignored. Visible minority women are nearly twice as
likely as non-visible minority women in Canada to have low incomes. Not only do racialized women face a unique
affordability problem because of their incomes, they are forced to pay higher
rents in a market in which they face widespread discrimination.[26] The
disproportionate number of racialized women in shelters is a clear indicator of
widespread discrimination in housing which has been the subject of concern by
the U.N. Committee on Economic, Social and Cultural Rights. That Committee recommended urgent action to
improve legislative protections and enforcement of human rights in housing. [27] Its sister
Committee, the U.N. Human Rights Committee, has similarly recommended that “human rights
legislation be amended so as to guarantee access to a competent tribunal and to
an effective remedy in all cases of discrimination.”[28] At the
domestic level, however, while it is well known that discrimination is
widespread in housing, these issues are rarely included in reviews of the
causes of homelessness or in proposals for solutions. Human rights commissions across Canada have
virtually ignored the epidemic of homelessness as a human rights issue, despite
the urgings from United Nations bodies that it be addressed as such.
Aboriginal women, especially single mothers, have the highest incidence of poverty in Canada – more than twice the rate of non-Aboriginal women. Aboriginal women are thus uniquely vulnerable to all of the barriers in accessing housing that are experienced by other low-income women and single mothers and additionally confront disadvantage that is particular to their position as Aboriginal women. An Aboriginal woman once dispossessed of her band membership for marrying a non-Aboriginal, for example, will not only face widespread discrimination in the private rental market, she may also be prevented from returning to her reserve community because of discriminatory allocations of on-reserve housing and may be reluctant to seek accommodation in a non-Aboriginal run shelter for fear of experiencing further hostility and discrimination.
Young
women are at great risk of homelessness.
Recent shelter data show dramatic increases in young people relying on
shelters, with almost a quarter of Toronto’s shelter admissions now between the
ages of 15 and 24.[29] Over two thirds of women aged 15-24 have low
incomes.[30] Young women
are virtually all disqualified by the use of minimum income criteria in rental
housing and are unable to provide prospective landlords with credit, rental or
a lengthy employment history.[31] Disqualified
on this basis by most private market apartments, young women also encounter
barriers accessing housing subsidies through non-profit housing. Applications for subsidized housing are not
accepted until young people turn 16. If
the waiting list is 8 years long for a unit, 15-24 year old heads of household
are extremely unlikely to be tenants in subsidized housing.[32]
Older
women are one of the poorest groups in Canada.
In 1997 approximately 50% of unattached women 65 and older were living
in low income situations.[33] Older women,
as compared to older men, are less adequately housed, and less likely to be
homeowners or to have the economic resources to afford existing housing.[34] It was
recently reported in Ottawa that elderly women are increasingly resorting to
shelters.[35]
Immigrant
women also face many systemic barriers and what have been described as “unique
challenges” to accessing housing.[36] Like young women,
they lack credit and reference information and are likely to be disqualified by
income and employment requirements.[37] They are also
unable to access housing subsidies because they could not have applied for
housing until they secured landed immigrant status, and are thus unlikely to be
allocated a unit under prevalent chronological ranking of applications.[38] Immigrant
women often face additional barriers related race, ethnicity and family status.[39]
Disabled
women also experience a complicated intersection of disadvantage linked with
homelessness. A 1995 study by DAWN
Canada showed that 62% of women with disabilities live below the poverty line.[40] Research also indicates that 60% of women
with disabilities in Canada are either partially or totally dependent on the
welfare system for basic daily needs.
Women with disabilities have to deal with landlords who are unwilling to
accommodate their needs, in both the for-profit and not-for-profit sectors.[41] At the same
time, government cuts to social programs such as home care have a direct impact
on access to adequate housing, forcing disabled women out of their homes and
into institutional care. For disabled
women in rural areas, institutional care is often located long distances from
their families and friends.[42]
All
of these groups of women share common characteristics of marginalization from
policy making and from political power.
Their housing crises are experienced in isolation from one another, in
the context of a society in which women are made to feel ashamed if they cannot
pay their rent or properly provide for their children. The challenge of understanding and properly
conceptualizing women’s homelessness is to counteract the marginalization of
these women’s experiences, not only within government policy making and program
administration, but also within advocacy movements addressing poverty,
homelessness or human rights.
For
the purposes of our study, direct federal involvement in housing programs other
than on-reserve First Nations housing can be divided into three main
categories.
The
first is federal programs designed to provide or encourage the creation of
affordable rental housing. This
encompasses both federally operated social housing programs and programs funded
through cost-sharing agreements with provinces, the provision of rent supplements
to tenants in private rental units and direct funding for the development of
new rental housing units.
The
second major category of federal activity is in the area of homeownership. Canada Mortgage and Housing Corporation
(CMHC) plays an important role in providing mortgage insurance and regulating
access to mortgages for homeownership and also in providing financial
assistance to lower income homeowners for repairs and upkeep of existing homes.
A
third category of activity is in the area of “homeless initiatives”, providing
funding for emergency shelters and facilitating research and community action
to address homelessness.
What
follows is a review of these categories of federal housing programs from the
standpoint of women’s homelessness.
The
most direct role of the federal government with respect to housing and
homelessness, and the one which has been the focus of most advocacy and
commentary, is in the area of provision of assisted rental housing. Since the majority of low income women are
tenants, it is clear that the issue of access to affordable rental housing is
central to understanding and addressing women’s homelessness.
From
the 1950's, when it initiated the Regent Park development in Toronto, the
federal government has played a leading role in funding and developing assisted
rental housing. The significant
expansion under the 1954 National Housing Act of the mandate of Canada
Mortgage and Housing Corporation, formed originally as the Central Mortgage and
Housing Corporation in 1946 to address the needs of returning war veterans,
established the basis for an active and important federal role in the direct
funding and administration of affordable rental housing.[43]
By
the 1970's the federal government was a key player in the Canadian housing
system through major public housing initiatives and by 1993 was subsidizing
645,000 rental units across Canada in a wide variety of public housing,
non-profit, co-operative and rent supplement units.[44]
There are two primary aspects of federal involvement in assisted rental housing which need to be considered in assessing the impact of federal policies in this area on women’s homelessness.
The
first is the recent trend toward the withdrawal of funding and the reduction of
allocations toward assisted rental housing.
The most dramatic turning point was the announcement in 1993 that
federal funding of social housing would be frozen and that except for
on-reserve Aboriginal housing, there would be no new social housing units
funded. But the reductions in federal
allocations toward assisted housing actually began earlier, in the mid 1980’s,
with cuts in allocations to assisted rental housing. The period between 1990 to 1993 saw the most
dramatic reductions in federal allocations to assisted housing, commencing with
a 15% reduction in the 1990 budget.[45]
The
second, more neglected issue of importance to women is the design and structure
of continued federal spending on assisted rental housing. While there has naturally been considerable
focus on the withdrawal of funding, the federal government continues to spend
about $2 billion a year to provide subsidy to over half a million households
and has recently implemented dramatic changes in the administration and funding
of assisted rental housing. A review of
the impact of federal policies and programs on women’s homelessness needs to
consider not only whether the allocation of funds is adequate, and assess the
impacts of reductions, but also whether current allocations are properly
targeted and whether women most at risk of homelessness have equitable access
to them.
i) The
Withdrawal from Direct Federal Involvement in Developing and Administering
Social Housing
The
withdrawal of federal funding for new social housing, culminating in the 1993
freeze in federal contributions to social housing and the cancellation funding
for any new social housing (except for on-reserve Aboriginal housing), is
arguably the most significant development in federal housing policy in a
generation. Prof. David Hulchanski has
estimated that the effects of this federal withdrawal of funding, reducing
expenditure on assisted rental housing from over 4% of GDP in the mid 1980’s to
under 3% in the late 1990’s, amounts to the cumulative loss of about 325,000
assisted units. The loss of these units
has implications not only for the availability of rental housing, but also for
funding commitments to subsidies for lower income renters. Had expenditure on new social housing supply
not been reduced and then terminated, the federal government would be providing
an additional 1 billion dollars in subsidy to an additional 325,000 households.
It
is important to recognize, in addition, that the federal cut-backs were
followed by provincial cut-backs which were even more dramatic. In 1985, provinces spent over $1 billion in
social housing programs, usually in matching funds in federal/provincial
programs. By 1997, after the freeze on
new federal programs, provincial spending had been cut back by over 90% to just
over $100 million annually.[46] Thus, in general terms, cut-backs in
allocations to social housing in the last decade have meant a reduction of
almost $2 billion a year in government spending on assisted rental housing.
Like
changes in federal income support programs, which will be considered in Chapter
Four, the federal withdrawal from funding of social housing in the mid-1990's
involved not only reductions in allocations, but also involved major structural
changes to the federal government’s role in housing programs. As in the income support area, the structural
changes put into effect along with the reduced spending have seriously
undermined the ability of the federal government to protect fundamental rights
of disadvantaged Canadians, particularly women, in the area of housing.
Historically,
it has been the federal government that has taken the lead in developing and
financing social housing, with provinces developing parallel or jointly funded
programs during the 1970’s and early 80’s. In recent years, the federal
government has “led” in the opposite direction, initiating a general government
retreat from affordable rental housing programs.
The
effects of government withdrawals from funding affordable rental housing are
likely to be felt most dramatically by women.
A loss of $2 billion annually in subsidies directed to lower income
renting households is bound to have a disproportionate effect on women. Women-led households are more likely to be
renters than men and women are more likely to be paying high percentages of
their income toward rent. They are more
likely than men to meet income qualifications for assisted housing and therefore
more adversely affected by cuts to assisted housing. In 1997, 71% of single mothers in Canada were
renters compared to 48% of single fathers and 22% of two spouse families with
children. 60% of sole support mothers
who rented paid more than 30% of income toward rent compared to 40% of sole support
fathers and 29% two spouse families.[47] 39% of households in core need[48] in Canada are lone parents.[49] While
disparities between men and women are less dramatic among unattached
individuals, it is certainly the case that unattached women are predominantly
renters, have serious affordability problems and would therefore qualify for
subsidized housing if it were available.
66% of unattached women under 65 were renters and 52% paid more than 30%
of income toward rent. 51% of women over
65 years of age are renters and 62% of these renters spend more than 60% of
income toward rent. [50]
These
statistics make it very clear that because women, both with and without
children, are most likely to qualify for subsidized housing, they will be
disproportionately affected by failures of governments to ensure the provision
of affordable housing for those in need and disproportionately affected by
reductions in the provision of housing subsidy to low income households.
A
loss of 325,000 social housing units has not only meant the loss of an
additional $1 billion that would have been committed in subsidy for the
households occupying those units, it has also forced low income women to rely
more extensively on existing and new private market rental units. The impact of reductions in social housing
units must therefore be assessed in the context of changes in private market
rental allocation. New private market
rental supply has been largely limited to rented units in condominium
developments in recent years. These
developments have usually targeted two spouse, middle age households and often
explicitly discriminate against women with children in “adult lifestyle” communities.[51]
In
addition, new marketing and management strategies in multi-residential private
apartments in Canada have changed dramatically.
During the times of low vacancy rates in the 1980’s, and with the growth
in the number of low income tenants and tenants relying on social assistance in
the early 1990’s, many private market landlords have tried to engage the more
“upscale” rental market to avoid renting to low income families, particularly
single mothers. Women with children have
thus faced increasingly widespread discrimination in the private market,
particularly on the basis of income level and family/marital status.
A
study of single mothers who moved into private market apartments in Toronto in 1995
found that when low income single parents in Toronto rented apartments in 1995
(ie. moved within the year prior to the census) more than half had to pay rent
that corresponds to the most expensive third of the market.[52] Discriminatory barriers in the private
market are particularly felt by young women, racialized women and single
mothers. As was found by a human rights
board of inquiry in Ontario:
The kind of segregation that results
from income based discrimination leads to differentiation in the rental markets
into locations of prime rental housing that is occupied primarily by moderate
income white residents and poor housing that is occupied by low-income and
mostly black residents. Very often these
two ‘locations’ are different not so much in terms of the actual rent levels
but rather in the quality of housing. …
In effect, low income black residents end up paying comparably higher rents for
poor quality housing and then pay a serious social price foe the negative
images created by the locations in which they are forced to live.[53]
Thus,
it is clear that the reduction in federal allocations to subsidized rental
housing of about a billion dollars annually has not only deprived many low
income women of access to critical rental assistance, but has additionally made women more vulnerable to discriminatory
marketing and allocation of private market rental housing.[54]
ii)
The Allocation of Subsidized Housing and the Effect of Restructured Program
Delivery
In
addition to cutting allocations to assisted housing, the federal government has
also initiated a radical restructuring of social housing program delivery which
has important implications for the allocation and administration of housing
subsidies.
The
new model for federal involvement in housing programs can best be understood by
distinguishing three elements in the provision of affordable rental housing:
1)
The “bricks and mortar” development of rental housing units;
2)
The administration and management of non-profit housing; and
3)
The provision of housing subsidy or shelter allowance to low income households.
Recent
federal housing policy changes have been oriented toward separating out these
three aspects of government involvement and redefining federal involvement in
each.
With
respect to funding of new housing supply, budget allocations introduced on
December 10, 2001, for financial assistance toward affordable rental housing
supply, represented the first such expenditure since the 1993 elimination of
funding for new social housing. Prior
to the budget announcement, agreements were reached with the provinces for a
framework for the new supply initiative, under which the federal government
will provide an average of $25,000 per new unit of rental housing, subject to
an equal contribution from the province.
It is clear from the new framework agreement with the
provinces that the federal government is no longer interested in tying money
for housing development to long term commitments to fund and oversee social
housing programs or the provision of housing subsidy. The federal government has agreed to spend
$680 million over five years to build 80,000 new units of rental housing. There is no allocation of federal funds for housing
subsidy. Indeed, noticeably absent from
the agreements being negotiated with the provinces are the types of
preconditions that existed in earlier programs, ensuring that a minimum
proportion of units will be allocated to core need households and that a
certain amount of subsidy would be provided to needy households. In other words, funding for supply has been
divested from commitment to provide rent subsidies. Affordability, has come to mean only that
funded units should be “modest in size and amenities.”[55]
Women with children are concerned
that the unit size of new rental supply will in fact be too small in terms of
the number of bedrooms. Within both the
private and social housing sectors, there is an acute shortage of two and three
bedroom units for women with children. Since the proposed federal grant is
based on a flat amount per unit, independent of unit size, developers will likely
be inclined to build small units rather than the two, three and four bedroom
units that women with children so desperately need.
It is also of concern to women that the new supply
initiatives in the private market are not linked to any initiatives addressing
widespread discrimination that prevents women from accessing the more
affordable units. Important regulatory
legislation such as rent control and rental housing stock protection is being
rolled back in many provinces, so there is little assurance that new rental
supply will remain affordable or will even remain as rental accommodation.
Since
1993, the federal government has also been actively devolving the
administration of social housing to provinces which, in turn, have been
downloading to municipalities. The sole
exception to this devolution is unilaterally federal funded co-operatives, for
which the federal government has agreed to maintain responsibility, and which
are responsible for their own administration pursuant to operating agreements
with CMHC.
Under
“Social Housing Agreements” with the provinces, the federal government hands
over the administration and financial responsibility of federally funded social
housing to the provinces. The federal
government has agreed to continue to provide the existing level of funding for
administration, as long as provinces agree to assume all of CMHC’s financial
obligations, to abide by existing operating agreements and to redirect any
savings into “low income” housing.
While
in theory the Social Housing Agreements and the continued application of
existing operating agreements could have been used to ensure that housing is
administered appropriately and allocated fairly to those in need, in fact, the
Social Housing Agreements do little to ensure appropriate allocation and at any
rate, in practice, there is little that CMHC can do to monitor and enforce
compliance with the terms of the Social Housing Agreement or with existing
operating agreements.
Under
the Social Housing Agreements with the provinces, CMHC requires that the
proportion of units which were allocated as subsidized units under existing
operating agreements will continue to be targeted to households below Housing
Income Limits established by CMHC. A
significant concern from the standpoint of women’s homelessness, however, is
that this so-called “targeting” does not actually identify those most in need
or at highest risk of homelessness.
Housing Income Limits for targeted units are determined under the
agreements on the basis of CMHC’s survey of “median market rent”. Any household which would be required to pay
more than 30% of income to cover the median rent is considered a “targeted household.”
The
“Housing Income Limits” do not effectively target those who are most in
need. In Toronto, where median rents of
two bedroom apartments are now in excess of $1,000/month, a two person
household with an income of $41,000 would qualify as a “targeted”
household. The average single mother in
Toronto has an income of about half of this amount, and a single mother on
social assistance receives an income of less than one quarter of this
amount. With lengthy waiting lists for
subsidy effectively excluding young women with children, newcomers and other
women at high risk of homelessness, the impact of high income limits for
subsidy is simply to lengthen waiting lists and to deny access to subsidy for
women at greatest risk of homelessness.
There is some justification, in our view, for the federal government divesting responsibility for the administration of housing programs to other actors and to focus on continuing its most critical role of providing subsidies to households in need. Yet there seems to have been little attempt in the restructuring of federal assisted housing programs to ensure that these housing subsidies would benefit those most in need. While $2 billion a year allocated to 640,000 households for housing subsidy is arguably insufficient, it is still a significant expenditure. There is virtually no monitoring of who gets the benefit of these subsidies nor any consideration of how different allocation systems may affect women and other groups at risk of homelessness. As in the structural changes to federal transfer payments for social assistance, the move is in the direction of transferring funding with “fewer strings attached.” Unfortunately, some of the strings that have been removed were designed to ensure that those most in need, who are disproportionately women, get the benefit of federal expenditure.
Inequities and Exclusions in the Allocation of
Federal Housing Subsidies
With new federal expenditure on
supply now separated from federal commitments of rent subsidies, the federal
government’s $2 billion expenditure on housing subsidies is really more akin to
a shelter allowance. The difference
between this program and shelter allowance programs in most other developed
countries, is that in Canada the subsidy is limited to a designated number of
social housing or private market (rent supplement) units. Rather than targeting the subsidy to the most
needy households, CMHC leaves it up to either individual housing providers or
municipal, or provincial authorities to decide how determine which households,
out of a vast number of tenant households falling below the relatively high
income limits, will receive this critical assistance.
Under this “unit” based shelter
subsidy system, many women who most need a housing subsidy will not receive it
simply because they do not have access to a subsidized unit. In some cases, tenant selection may be based
on discriminatory considerations. CERA and other organizations assisting women
access housing across Canada receive frequent reports of discrimination in the
allocation of social housing units.
There are usually no internal monitoring or complaints procedures for
human rights violations within social housing and no such mechanisms are
required under the Social Housing Agreement.
Women with disabilities face
particular hurdles, as social housing providers often take the position that
since they have allocated particular units as accessible, they are absolved of
the responsibilities applied to private landlords to take action to accommodate
disabilities on a more individualized basis.
There has been no leadership from the federal government to encourage
those who are allocating federal housing subsidies to address important issues
of access and discrimination in tenant selection practices within the social
housing sector.
Of even greater concern than
individualized discriminatory practices, however, are systemic issues related
to the allocation of subsidized units.
In recent years, housing authorities in a number of provinces and
municipalities have changed from a needs-based allocation to a chronological
waiting list system.[56]
In Ontario, new legislation actually requires that subsidized housing be
allocated on the basis of chronological priority.[57] The effect of the change to a chronological
allocation system, without any attempt to more accurately target lower income
applicants, has been catastrophic for many of the most disadvantaged women.
Waiting lists for one, two and three
bedroom units required by women with children are extremely long, ranging from
several months to 20 years depending on unit size and location. This means that young women with children and
newly arrived immigrant women - those at greatest risk of homelessness - have virtually no access to federally funded
rent subsidies. By the time
they qualify under a chronological system, they will have already survived the
years in which they are at greatest risk of homelessness. In the rental market as a whole,
approximately one in ten affordable two bedroom apartments are occupied by
households in which the oldest parent is under 24 – predominantly young single
mothers.[58] Yet social housing providers with a waiting
list in excess of eight years for two bedroom units will rent no subsidized
apartments to members of this group.
Similarly, in Toronto, newcomers (immigrating within the previous year)
rent one in five of apartments which turn over in the rental market as a whole,
but rarely, if ever, get access to subsidized housing through the waiting list
system.[59]
Large families are particularly
disadvantaged in trying to access subsidized units. Restrictions on family size in relation to
the number of bedrooms are applied in subsidized units to disqualify larger
families, even though such restrictions have been held to be discriminatory
when applied by private landlords.[60]
Women with larger families are required to apply only for larger units
that are difficult to obtain and may be disqualified altogether from
eligibility for subsidy by their family size if there are no subsidized units
large enough. Clearly many women most vulnerable to homelessness are being
deprived even of a “fair share” of subsidized units.
In the context of its historical
evolution, as a way to ensure that federally assisted housing provided rental
housing at affordable rents, the linking of federal housing subsidy to social
housing programs makes sense. Extending
subsidies to rent supplement units in the private market in order to increase
the number of subsidized households also majes a certain amount of sense. Yet in light of the systemic impact of
relying on unit allocation to provide rent subsidy, we believe it is time to
consider a more broadly based portable shelter allowance tied to household need
rather than to designated units.
It does not make sense, in our view,
to place the administration of what amounts to a critical form of supplementary
income for low income households, a benefit which for many women may mean the
difference between homelessness and housing, in the hands of a variety of
housing providers, to be allocated on the basis of a range of tenant selection
practices. It is particularly
discriminatory to restrict this benefit to those who make it to the top of
lengthy waiting lists.
Allocating subsidy on the basis of
waiting lists rather than providing it based on need means that many women who
are in need of short term financial help to avoid homelessness receive no
benefit from the assisted housing program when they are at greatest risk of
homelessness.
Shelter allowances have been a
fundamental component of the recommendations of virtually all recent reports on
homelessness in Canada.[61]
Yet for some reason, they have not received the same attention as supply
oriented solutions within the advocacy community, and even remain controversial
in some quarters. However, national
shelter allowance programs are an essential component of the housing strategies
of most other developed countries. In
our view, it is time to give this option renewed consideration and serious
support.
Recommendations
1) We recommend that a portable shelter subsidy be
allocated as a direct cash transfer or tax credit based on established
eligibility criteria to all qualified households. This would remove the administration and
allocation of subsidy from the housing provider and eliminate the
discriminatory consequences of lengthy waiting lists and other restrictions in
social housing. Eligibility for subsidy
would be determined by need rather than by whether women get access to social
housing units.
2) We
recommend that the federal government and the provinces develop methods of
collecting complete information about the demographic and income
characteristics of households securing access to assisted housing and that
allocation of assisted housing be revised in order to ensure equitable
representation of young women, larger families, newcomers and other groups at
risk of homelessness.
3) Funding
for new rental housing supply should be made conditional on non-discriminatory
rental practices and on ensuring that the stock will remain affordable rental
in the future.
1.
Mortgage Financing
In
defending its record on addressing housing and homelessness at the United
Nations Committee on Economic, Social and Cultural Rights, Canada pointed out
that the National Housing Act (NHA) mortgage loan insurance enables
persons to purchase homes with low down payments and at favourable mortgage
interest rates. The government pointed
out that an increasing number of Canadians (64%) have access to home ownership.[62]
What
was not pointed out was that women have largely been denied the benefit of any
of these initiatives. In 1976 41% of
single parents owned their own homes. By
1997 this had decreased to only 30%. Home
ownership has become less accessible for sole support parents during years in
which more and more households were becoming owners. While 4 out of 5 two parent families with
children own homes, less than one in three single mothers does.[63] The disparity cannot simply be explained by
the fact that single mothers “cannot afford” home ownership. They are prevented from purchasing homes,
even where ownership would be more affordable than renting an apartment.
Over
60% of single mothers renting apartments pay more than 30% of income toward
their rent. On the other hand, only 30%
of single mother homeowners pay more than 30% of income toward shelter costs.[64] The
affordability problems of single mother renters are significantly more severe
than those of single mother homeowners.
If women were free to make their own choices, we would expect to see the opposite. Women with children would often choose to
spend a higher portion of their income in order to gain the advantages of
homeownership, knowing that their sacrifice was at the same time an investment.
With
decreasing interest rates and increasing rents, homeownership could be a more
affordable and desirable housing option for an increasing number of low income
households, particularly single mothers.
A single mother in Halifax, for example, could purchase a semi-detached
two or three bedroom semi-detached house in Dartmouth for approximately $60,000
or a detached house for about $80,000.[65] If she
purchased an $80,000 house, with 5% down payment she would require a mortgage
of $76,000. At an interest rate of
7.25%, this would cost about $590 per month (amortized over 25 years and locked
in for 5 years). It is difficult, if not
impossible, to find a two bedroom apartment for less than $600 in Halifax.
However,
CMHC will not provide mortgage insurance unless the purchaser has an income, in
this example, of $21,240.[66] Such a
requirement disqualifies the majority of single mothers renting apartments,
even though they may have been paying more than $600/month in rent without
defaulting.
In
more rural environments, of course, there is often no choice but to own one’s
own home. Denying women access to
mortgages in these circumstances forces them to choose between homelessness and
leaving their communities for a city or town in which there is rental stock.
Until
recently, CMHC was the only source of mortgage insurance. There is now a single competitor, GE Capital,
which is permitted to compete with CMHC on very restrictive terms. Ironically, it is GE Capital, not CMHC, which
is interested in offering mortgage insurance to more marginal borrowers, but
finds itself restricted by federal regulators to offering the same services as
CMHC. GE Capital would not, currently,
be permitted to offer mortgage insurance to single mothers on the basis of rent
payment history because this is not a product which CMHC offers. [67]
The
32% gross debt service costs to income cut-off is based largely on stereotype
and prejudice. The statistical
correlation between lower income and mortgage default is surprisingly weak - in
some studies not even statistically significant – and certainly it has not been
tested for single mothers, who are a distinct group with a high motivation to
make mortgage payments even when paying high proportions of their income.[68] CMHC has sole
access to data on mortgage defaults and in the past has refused to release
information that may be used by “competitors”.
Ironically, CMHC, a government agency, is lagging behind private lenders
in the United States in this regard, where disclosure rules and access
requirements have allowed for major advances in access to home ownership.[69]
While
ownership may not be a viable option for many low income women, single mothers
in particular would gain significantly from increased access to mortgages and
home ownership. Benefits include
building up equity and credit, not having to be concerned about children’s
noise disturbing other tenants, having an outside play area where one can
supervise children, having access to better serviced communities, etc.
Recent
data from the Statistics Canada’s survey of financial security shows an
increasing gap in income and wealth between owners and renters in Canada.
Homeowners’ wealth increased from 29 times that of renters in 1984 to 70 times
that of renters in 1999. While home
owners income increased by $2,100 (5%),
renters’ incomes decreased by $600 (–3%).[70] Despite their
greater need, however, renters tend to derive fewer benefits from federal
government expenditure than do home owners.
Tax expenditures such as the income tax exemption for Registered
Retirement Savings applied to first time home purchase, the capital gains
exemption for primary residences (approximately
$1.5 billion) and the GST rebate on new housing ($595 million) add up to
more than the federal government spends on subsidies for renters.[71] Indeed, a
recent Cambridge University study of Canadian housing policy concluded that
“the actual expenditure costs of private renting is more expensive than
owner-occupation so that there is quite a significant advantage to
owner-occupation.”[72]
Homeowners
also have increased access to the informal economy (heating with wood,
repairing things yourself, etc.).
Support programs for women homeowners could assist women to take
advantage of these, as well as of CMHC’s various renovation and repair
programs.
CMHC
targets its homeowner assistance programs such as the Residential
Rehabilitation Assistance Program (RRAP), the Emergency Repair Program (ERP),
and the Home Adaptation for Seniors’ Independence (HASI) to low income
households. Reviews of the recipients of
benefits of these programs show that single mother homeowners are somewhat more
likely to need repairs than couples and therefore, presumably, to benefit from
the program. In rural areas, this type
of assistance may actually be more important to low income households that
assisted rental programs. The western side of Newfoundland is one such
area. The Stephenville Regional Office
reports that at the present time there are 846 households who are on the
waiting list for funds from the Home Repair Program (HRP) and an Urgent
Response Program (URP). It is
anticipated that 280 households will receive assistance through this Program
during the current fiscal year. There
are only 68 households who are on the waiting list for one of the 370 social
housing units.[73]
However,
because women are dramatically under-represented among homeowners in general,
the vast majority of single mothers will not benefit from these programs
because they are unable to access credit for home ownership in the first place.[74]
1) CMHC’s restrictions on mortgage insurance should be
removed and regulation of banks should ensure that women and low income
households are provided with alternative ways of demonstrating credit
worthiness.
2) Banks should be required to provide detailed
information about the income and household characteristics of those provided
with mortgages, and be required to develop special programs to provide
mortgages to low income households
3) Programs should be initiated to provide protection to
low income home buyers from interest rate fluctuations.
4) While programs designed to assist homeowners with
repairs would be valuable programs for low income women homeowners, these
programs need to be linked with major initiatives to provide access to home
ownership for single mothers and low income women.
5) Tax expenditures such as the capital gains tax
exemption for primary residence available to home owners should be matched by a
shelter allowance for low income renters so that federal program and tax
expenditures are fairer to women.
In December 1999 the federal government launched its Homelessness Initiative committing $753 million to address homelessness across Canada over three years. Approximately 7% of this money (or $59 million) has been earmarked for homelessness related projects under the Urban Aboriginal Strategy. Close to 36% of the money has been earmarked for the CMHC Residential Rehabilitation Assistance Program (RRAP) and about 5% of the budget has been earmarked for the Shelter Enhancement Program – to enhance and create shelter and second stage housing for victims of family violence. The bulk of the budget, just over 40% or $305 million, is targeted for the Supporting Communities Partnership Initiative (SCPI).
80% of SCPI funds have been earmarked for 10 Canadian cities
“with a documented significant absolute homeless problem”.[75] The remaining 20% is directed toward
approximately 50 smaller communities that can also demonstrate a homelessness
problem. The federal government provides
50% of the funds for each city or local project and the other 50% can be cash
or in-kind contributions from a provincial or municipal government, private or
voluntary sector or other source available to the community.
The
Homelessness Initiative as a whole has been predominantly focused on “absolute”
or street homelessness and on short-term solutions aimed at enhanced services
and increased emergency housing supply.[76] While this
focus is important in addressing the emergency housing needs of women, we
believe there must be an equal emphasis on addressing the systemic causes of
homelessness.
Some
of the SCPI projects do include initiatives that attempt to address systemic
issues related to homelessness, but it is unclear the extent to which women’s
issues will be addressed. The
Secretariat has included in its research agenda an examination of the
structural/systemic issues in Canada that contribute to homelessness but has
not identified women as a group requiring particular attention within this (or
other) research areas. The Secretariat’s
budget has been almost fully allocated and no monies have been earmarked for a
consideration of or action on women’s homelessness. As these projects are just underway in many
cases, it is too early to determine their efficacy in assisting low income
women in meeting their housing needs.
1) The Homelessness Secretariat should consider setting as a
priority the funding of community based initiatives that address the systemic
causes and diversity of women’s experiences of homelessness.
2) The Homelessness Secretariat could facilitate the
establishment of a vehicle, such as a
national network, to facilitate communication and collaboration between women’s
groups across Canada on issues related to women’s housing and
homelessness. A national network would
assist in linking local community activism to systemic issues that are often
national or international in scope. It
might also assist in ensuring issues related to women’s housing and
homelessness are securely placed on political, economic and social policy
agendas.
There
are three constitutionally recognized Aboriginal peoples in Canada: First
Nations, Métis and Inuit. Since
the middle of the 1800’s, Canadian law has defined who is entitled to be
registered as an Indian under the Indian Act and who is thus entitled to
the benefits of the Indian Act such as on-reserve schooling, financial
assistance with higher education, health services and housing. The federal Department of Indian Affairs and
Northern Development (hereinafter DIAND) maintains the Indian Register, the
official list of “status Indians”.
Despite constitutional recognition of Métis, Inuit and First Nations
Aboriginal peoples, only First Nation Aboriginals are recognized by the federal
government as “status Indians”. The
designation of “status” under the Indian Act is double-edged. The Indian Act is experienced and
perceived by many Aboriginals as racist and disenfranchising. At the same time, those considered “status
Indians” by the federal government are entitled to the benefits of the Indian
Act which has included on-reserve housing programs and other economic and
social benefits, albeit inadequate.
Though
not subject to the racist and disenfranchising impacts of the Indian Act,
Inuit and Métis women, men and children do not benefit from some of the
entitlements that may be legally entrenched in the Act or other federal
fiduciary obligations. For example,
unlike other Aboriginal groups who have specific agreements stipulated by The
Indian Act, Inuit [and Métis] do not live on reserves and have to compete
with other non-aboriginal Canadians for scarce social housing.[77]
Ø
In 1996 close to
three percent of all Canadian households (280,000) were Aboriginal[79] and yet Aboriginal households comprised 9% of all
Canadian households in core housing need.
Ø
Aboriginal
people predominantly live in rental housing.
Ø
21% of
Aboriginal households live on reserve.
In 1996, 28% of First Nation Aboriginal women lived on reserves. The vast majority of Aboriginal women - 72% -
lived in non-reserve communities, most in urban areas: 68% of Métis women, 46%
of First Nation women and 30% of Inuit women were living in cities and towns.[80]
Ø
18% of
Aboriginal women are single mothers[81], representing 27% of Aboriginal families.[82] Of these
families, 72% reside in cities and are in core housing need.[83]
Ø
Aboriginal
women’s poverty is acute. In 1996, 43%
of Aboriginal women aged 15 and over had incomes below Low Income Cutoffs[84], compared with 35% of Aboriginal men and 20% of
non-Aboriginal women. The low-income
situation of Aboriginal lone mothers is particularly grave. Among this group 73% lived below the Low
Income Cutoffs in 1996. This is
substantially worse than the 45% figure for families headed by non-Aboriginal
female lone parents.[85]
Inuit
Women and Housing
There
are approximately 50,000 Inuit living in 53 communities across the Arctic
regions of Newfoundland and Labrador, Quebec, Northwest Territories and
Nunavut. These communities are small,
isolated and have chronic high unemployment rates.[86] According to
the 1996 census, approximately 5% of Aboriginal women are Inuit.[87]
Inuit
are currently facing the worst housing crisis in Canada. While the crisis can be traced back over 40
years, when the federal government began moving Inuit into permanent
communities to increase access to government services including housing, the
situation has become critical, as the Inuit population is rapidly increasing
and housing stocks are eroding. Inuit are
living in severely overcrowded, inadequate and unsafe housing conditions. Overcrowded housing is widely considered
among Inuit to be the most serious problem they face.[88]
Because
Inuit do not have “status” under the Indian Act, they are compelled to
compete with other non-aboriginal Canadians for social housing. This has had devastating effects on their
housing conditions. In 1993, the federal
government eliminated its portion of cost-shared funds to the Government of the
Northwest Territories (GNWT), the Government of Quebec and the Government of
Newfoundland and Labrador for the construction of the new social housing
units. Despite vigorous protests by
Inuit representatives and promises to rectify the situation from the federal
government, funding for social housing has not been reinstated.[89] The high cost
of private rental market housing in Arctic regions (eg: $2,500/month in Rankin
Inlet, $7,560/year for fuel costs in Inuit communities in Labrador)[90] coupled with the high percentage of Inuit living in
poverty, makes the need for social housing acute. As it stands, for Inuit across Canada, demand
for social housing far exceeds supply and Inuit are kept on long waiting lists
for subsidized housing.
The
housing conditions in Nunavut are particularly severe. In Nunavut, 44 per cent
or over 3,500 households are in core need of housing compared to 14 per cent of
households in core need in southern Canada.
There is no private rental housing market and at present over 1,000
families are on the housing waiting list.
An estimated 260 new names per year over the next five years will be
added to the list. Nunavut Housing
Corporation officials estimate that the territory will need over 2,500 new
homes to meet its housing needs. The
cold arctic climate means that “street” homelessness is frequently impossible
to survive, making severe overcrowding a common reality. The federal government
has made a tentative proposal to the Territories to provide some funding for
the construction of new units, but the proposal is regarded as grossly
inadequate, especially in light of the high cost of building in Nunavut.[91]
The
average number of persons per room in Inuit households across Canada is more
than twice the national average. Though
similar statistical information is not available from Labrador, it is widely
accepted among Inuit that housing conditions in Labrador the worst in Canada.[92] Beyond
overcrowding, many Inuit houses lack basic facilities including running water
and indoor plumbing which contributes to increased incidence of communicable
diseases, increased infant mortality and shorter life spans for many Inuit.
The
housing supplied to the permanent Inuit communities by the federal government
has been both inadequate and culturally inappropriate. Traditionally, Inuit lived in small, nomadic
family-based groups. The government
housing has failed to accommodate larger families and extended family members,
nor is it suitable for cultural practices such as dressing large carcasses or
the need for easily accessible outdoor storage areas.
Prior
to 1993 limited economic development opportunities and the high costs of
housing construction and maintenance, combined with a very small private
housing market, led the government to increase its role in social housing in
the North. However, the supply of
housing has never met the demand.
Inuit
women are particularly vulnerable to the impact of the housing crisis which
exacerbates other social problems with which women must contend.[93] Inuit women
wishing to leave abusive and violent relationships face innumerable
obstacles. Social pressure can cause
many women to conceal the violence in the home for long periods. Some Inuit women may be dependent on their
spouses or partners for financial support and/or housing. The virtual absence of vacant units and the
overcrowding of existing housing in almost all communities means that there are
very few places for women to turn for temporary shelter. The homes of family and friends are likely to
be as crowded as the one the woman wants to leave. Many women find themselves forced to remain
in a dangerous home situation.[94]
Most
communities are without shelters and a woman who decides to leave an abusive
situation may also have to leave her community.
Leaving a community is replete with obstacles as well. The high cost of air travel is one of the
largest barriers. If a woman is unable
to pay these costs she will have to persuade a social worker or community
worker that she is in danger and must leave for her own safety. In small communities that service provider
may also be a member of the family and therefore may be reluctant to arrange
transportation.[95]
First
Nations Women and Housing
On-Reserve
Housing
If
the necessity of inter-governmental agreement and joint action may sometimes
create obstacles to federal action in other areas of housing and homelessness,
this cannot be said of Aboriginal housing, for which the federal government has
undisputed constitutional responsibility as well as fiduciary duties emanating
from treaty agreements. Yet while the
federal government acknowledges the desperate housing and living conditions of
Aboriginal people in Canada as a clear violation of fundamental human rights,
there has been little sign of the urgent action in partnership with Aboriginal
people consistently urged upon Canada by United Nations human rights committees
as well as by the Canadian Human Rights Commission.[96]
Canada
Mortgage and Housing Corporation (CMHC) is the major federal housing developer, provider and administrator of
on-reserve housing. CMHC subsidizes
social housing including non-profit housing and cooperative housing by covering
the gap between actual operating costs and revenues received from tenants or
cooperative members. In 1994, CMHC
social housing represented 20% of the total on-reserve housing stock.[108] The
government reduced the number of new, fully financed homes on-reserve by more
than half, from 1,800 in 1991 to a mere 700 in 1995.[109] Similarly, in
1991, 1,200 units were repaired through CMHC assistance, in 1995 the number was
600.[110] Of the 32,000
households on reserves in receipt of social assistance, only 10,000 are in
CMHC-subsidized social housing and receive shelter allowances. CMHC statistics do not indicate what
proportion of female lone parents are currently in those units, however, given
that just under 1/3 of social assistance recipients are in subsidized housing,
we can assume that while some sole support women may have the benefits of these
units, many do not.
CMHC
administers a number of other housing programs on reserves including the Shelter
Enhancement Program (SEP).[111] SEP assists in repairing, rehabilitating and
improving existing shelters for women and children and youth who are victims of
family violence and to assist in the acquisition and construction of new
shelters and second stage housing where needed.[112] Funding is
mainly directed to existing facilities, though some funding is available for
the creation of new spaces, or acquisition of existing spaces for emergency or
second-stage housing.[113] This could be
a particularly valuable program in light of Aboriginal women’s experiences of
violence.[114]
The
Department of Indian Affairs and Northern Development (DIAND) provides
funding for housing on reserves in the form of subsidies for capital costs,
certain operating costs for people in receipt of social assistance, and program
administration costs borne by First Nations communities. Capital expenditures by DIAND on Aboriginal
housing programs were capped in 1982-83 at $93 million and have not increased
since.[115] According to
RCAP, the subsidies provided by DIAND “can buy just over half of what they
could” in 1983. DIAND also provides some
subsidies for construction of new homes and for the rehabilitation and repair
of older homes, however, the subsidies are set far below reasonable costs.[116] Even if these
program funds were set at adequate levels they would be of little assistance to
Aboriginal women, the vast majority of whom have no access to homeownership.
Prior
to 1985 the Indian Act dictated that Aboriginal women lost their status
if they married non-status men. In 1985
with the passage of Bill C-31, Canada amended the Indian Act such that
marriage now has no implications on the Indian status of either spouse. In addition, the amendments reinstated status
to the Aboriginal women who had lost status through the old law’s
provisions. As of June 1995, the amended
Act allowed for the restoration of Indian status to 95,429 persons close
to 60% (60,000) of whom were women. In
many instances, however, when re-instated Aboriginal women have attempted to
return to their reserves they have been prevented from doing so, because their
Bands would not grant them membership and provide them with on-reserve
housing.
The
Native Women’s Association of Canada and the Aboriginal Women’s Action Network
of B.C., have documented evidence of Band discrimination against Bill C-31
reinstated women and their families. The
discrimination experienced by these women has included exclusion from Band
membership, denial of residency and housing on reserve, and discrimination with
respect to educational and health funding.[118] Some Bands
and Aboriginal organizations have suggested that Bill C-31 reinstated women
were denied housing, at least in part, because of lack of sufficient
supply. They assert that the federal
government did not increase resource allocations to bands for on-reserve
housing, health and education at a level that corresponds with the increased
population caused by Bill C-31.[119]
Aboriginal
women on reserves face particular disadvantage upon marriage dissolution. Amongst most married couples, as a result of
cultural and legal precedents, it is more likely that the male partner
possesses on-reserve properties under law.
According to the Supreme Court of Canada, a woman cannot apply for or
receive one-half the interest in on-reserve property for which her husband
holds a certificate of possession under the Indian Act; she may only
receive an award of compensation to replace her half-interest in such
properties.[120] This puts
Aboriginal women at a serious disadvantage because possession of on-reserve
land is an important factor in individuals’ ability to live on-reserve and
receive attendant benefits.[121]
As
a result of the Indian Act, interim exclusive possession of the
matrimonial home has also been deemed inapplicable to women whose matrimonial
home is on reserve. In turn, Aboriginal
women facing domestic violence who do not hold the certificate of possession to
the matrimonial home often must choose between remaining in an abusive
situation or seeking housing off-reserve away from their community, kin and
networks of support.[122]
Off-Reserve
Housing
Because
of abject poverty on reserves, many Aboriginal people move to and live in urban
centers in search of economic and educational opportunities and to be closer to
medical services. Because many
Aboriginal women cannot access on-reserve housing, and because of their
experiences on-reserve of discrimination, violence and disempowerment,
Aboriginal women outnumber Aboriginal men in urban centres.
Across
Canada there are about 10,000 off-reserve Aboriginal subsidized housing units providing
homes to about 35,000 people.[123] Conditions
off-reserve are not much better than conditions on reserve, with 32.5% of the
Aboriginal population living in deep poverty and core housing need (63,000
households or 1 in 3 families) [124]. According to
RCAP, the “core problem in urban centres is the lack of supply of inexpensive,
adequate housing from the private sector coupled with discrimination by private
landlords.”[125]
Discrimination
in accessing accommodation is a problem particularly noted by women who
participated in the Royal Commission.
One woman reported:
I have been denied housing because
of my skin colour. I have been denied
housing because I am a single mom. Being
a Native and being a single mom really is discouraging because you can’t get
anywhere; you have that double whammy put on you.[126]
Métis
Women and Housing
Métis
are distinct Aboriginal peoples, born from the marriages of Cree, Ojibwa and
Salteaux women to French and Scottish fur traders, beginning in the mid
1600s. Métis communities emerged and are
still found in provinces and territories across Canada.[130]
According
to the most recent statistics available, 25% of all Aboriginal women are Métis. Close to 70% of Métis live in urban areas in
Canada, with the largest concentration of Métis women in Alberta and Manitoba.[131] Like the
Inuit, Métis are not covered by the Indian Act. This means that the federal government
assumes no jurisdiction with respect to Métis and the Métis, therefore, derive
no benefits that might attach to such designation.
To our knowledge, no research has been carried out to document and assess the housing and income support needs of Métis women. However, because Métis women are most likely to be living in urban areas, we can assume that their experiences are similar to those of off-reserve First Nations women, characterized by poverty, inadequate and unaffordable housing and discrimination.
6) Federal and provincial/territorial governments as well as
band councils responsible for housing must respond to the specific housing and
income issues experienced by Aboriginal women living on and off reserves. This would include: earmarking funds for the
construction of new units specifically for Aboriginal women on and off-reserve
that are culturally appropriate and that accommodate families of different sizes;
ensuring that all Aboriginal women have sufficient funds (perhaps through a
portable shelter allowance financed by the Federal government) to access
existing and new housing stock on and off reserve; and allocating existing
housing stock in a non-discriminatory fashion, prioritizing those in need.
7) The recommendations for future action articulated in
Pauktuutit’s report, Inuit Women: The Housing Crisis and Violence must
be implemented immediately. These
recommendations include:
Ø The reinstatement of secure,
adequate and long-term federal funding for housing;
Ø An Inuit-specific housing policy
ensuring an adequate standard of housing;
Ø The inclusion of Inuit women’s
organizations as active partners at all levels of the policy making process,
including local housing associations;
Ø Victims of family violence must consistently be given priority access to public housing.
We have reviewed a number of
federal housing policies and programs and have discovered several systemic
inequalities which increase the risk of homelessness among low income women,
particularly women with children. The
abandonment of funding for new social housing in 1993 and the increasing
reliance on the private market supply has been particularly detrimental at a
time when there is widespread discrimination in the private market against low
income women with children, lower vacancy rates and rising rents. New private market units have been largely
restricted to condominiums, many in “adult lifestyle” communities which are
rarely rented to single mothers. New
funding recently proposed by the federal government to generate rental supply
seems ill designed for women’s needs. It
will likely do little to alleviate the scarcity of larger units needed by women
with children and there do not appear to be any requirements that housing
supply will remain affordable or will be rented without discriminatory
restrictions affecting low income women.
Important concerns for women
have emerged about trends in existing subsidized housing programs. $2 billion a year is spent by the federal
government to provide subsidy to lower income households in subsidized units,
but women-led households face many barriers accessing this all-important source
of assistance. Because the subsidy is linked
to particular units, and because most subsidized housing providers now allocate
units on the basis of lengthy waiting lists rather than on the basis of need,
those women most at risk of homelessness are largely denied any benefit of
federally funded housing subsidies.
Additional concerns relate to
discriminatory practices which exist in both non-profit and private
housing. There are rarely internal
policies and procedures requiring social housing providers to address
discrimination in tenant selection, even when these decisions affect both
access to housing and access to much needed subsidy.
In the area of homeownership,
we have seen that federal programs promoting access to affordable home ownership
and renovation and repair of owned homes are not of equal benefit to women
because of discriminatory policies maintained by CMHC, disqualifying the
majority of single mothers and low income women from homeownership on the basis
of the 32% “gross debt service to income ratio”. Under this policy, the vast majority of women
are denied access to homeownership on the basis of their income, even if they
are paying more in rent than would be required by mortgage and property tax
payments.
Of equal importance and
related to federal housing programs, however, are income support programs and
policies. Women’s homelessness is almost
always related to vulnerability and disadvantage with respect to income. Recent federal program changes have had an
immense effect on women’s income security, and on whether they have enough
money to pay the rent or mortgage payments.
Of particular importance are federal programs and initiatives in three
areas: social assistance, tax credits designed to address “child poverty” and
employment insurance.
Part III of this report
provides an overview of federal involvement in income support through funding
for social assistance programs, the National Child Benefit Supplement and
employment insurance and assesses the impact of these changes and program
designs on women’s homelessness.
The cornerstone of income and
housing security for women is the provision of financial assistance, for
persons in need, sufficient to cover housing costs.
In 1997 women accounted for
56% of all Canadians living below the Low Income Cut-Offs (LICO’s) and almost
20% of the total female population in Canada (2.8 million women) were living
below the LICO’s[132]. In 1996, there were close to one million
(945,000) female-headed lone-parent families in Canada[133] who have by
far the lowest incomes of all family types.
56% of these families, or over half a million single mothers, had
incomes which fell below the LICO’s.
These statistics are worse
when viewed in light of intersecting disadvantage. For example:
Ø
In 1996 a startling 73% of Aboriginal single mothers
lived below the LICO’s.[134]
Ø
In 1997 approximately 50% of unattached women 65 and
older lived below the LICO’s.
Ø
In 1996 nearly 50% of newcomer women (who immigrated
to Canada between 1991-1996) were living in low income situations.[135]
Ø
According to a 1998 study, 60% of women with
disabilities were either partially or wholly dependent on the welfare system
for basic daily needs.[136]
Ø
In 1995, 43% of visible minority women under the age
of 15 and 41% of those between 15 and 24 were living in low income situations,
this compares to 20% of non-visible minority women under the age of 15 and 24%
of those aged 15-24 who were living in low income situations.[137]
Women
are vulnerable to poverty because they remain primarily responsible for unpaid
caregiving for children and older, sick or disabled family members, because of
gender inequalities in the distribution of income, as well as biases based on
race, sex, age, place of origin, and ability in labour markets and economic and
political institutions. As a result,
women, particularly Aboriginal women, young women, women with disabilities and
recent immigrants, disproportionately rely on social assistance and are
particularly affected by the adequacy of social assistance programs.[138]
The most critical protection of women’s right to adequate
housing for a generation of women was the Canada Assistance Plan Act. In 1966, CAP established 50-50 cost sharing
agreements between the federal and provincial governments for social assistance
and related services programs. Under CAP
provinces which received federal funding for social assistance programs were
required to meet national standards. The
standards under CAP were as follows: 1) no work requirement to receive
assistance; 2) assistance to be “needs” based; 3) to provide an amount that
takes into account the cost of basic requirements, including food, shelter,
clothing, fuel, utilities, household supplies and personal requirements; 4) no
residency requirements, and 5) the right to appeal.[139] The CAP agreement provided that if a province
did not comply with all of these requirements, the federal government could
withhold funding. Alternatively, an
affected individual or group could go to court for a determination as to
whether the province was providing assistance “in an amount that is compatible,
or consistent, with an individual's basic requirements"[140] If found to be non-compliant, the court could order that the federal
cost-sharing be withheld until compliance was achieved.
The repeal of CAP was legislated by the Budget
Implementation Act, 1995. On April 1,
1996, the Established Programs Financing (EPF) and CAP were replaced by the
Canada Health and Social Transfer (CHST).
Transfer payments under the CHST to the provinces and territories are
now provided as a lump-sum and not designated specifically for health, post
secondary education and social assistance and accompanying services. The introduction of the CHST has resulted in
the elimination of four of the five standards under CAP. The only remaining feature is the requirement
that there be no residency restriction.
There is no requirement that rates be adequate to cover the cost of
housing.
The
CHST was introduced along with a dramatic reduction in cash transfers. The transfer payments under the CHST (cash
and tax points) in 1995-96 were $29.7 billion.
A year later this was reduced by $2.6 billion to $25.1 billion.[141]
The
revocation of CAP and the introduction of the CHST has exacerbated women’s
poverty as it has allowed for the tightening of eligibility criteria[142] for social assistance and the erosion of social
assistance rates across Canada. While
there were problems with inadequate rates prior to CAP being revoked, it is
clear that provincial governments have felt free, perhaps even encouraged, to
forego the requirement that social assistance rates take into account the cost
of housing and other requirements.
Scarce dollars have been redirected to health funding, where national
standards remain in place, while social assistance rates have become more
inadequate to cover the cost of housing.
To
understand the significance of these changes to CAP on the housing and living
conditions of low income women, the following chart compares changes to social
assistance rates and shelter benefits between 1994 and 2000 with changes in
average rents during the same period of time.
While some may argue that women on social assistance should be able to
pay less than average rents, studies of single mothers who move have actually
shown that the majority must pay significantly more than average rents. Widespread discrimination forces them into
the most over-priced units on the market and as we have seen their access to
subsidized units is extremely limited.[143]
Welfare Rates[144] and Average Rents[145]: 1994/2000 Comparison
City[146]
|
Basic |
Shelter Allowance |
Fed/Prov Tax
Credits[147] |
1994 |
2000 |
|||||
|
|
‘94 |
‘00 |
‘94 |
‘00 |
‘94 |
‘00 |
Total |
Avg.Rent |
Total |
Avg.Rent |
Vancouver
|
462 |
377 |
520 |
520 |
144 |
264 |
1126 |
815 |
1160 |
890 |
|
Calgary |
419 |
338 |
380 |
428 |
135 |
210 |
934 |
594 |
976 |
740 |
|
Toronto |
620 |
486 |
652 |
511 |
173 |
186 |
1445 |
782 |
1183 |
979 |
|
Montreal |
921[148] |
791[149] |
|
|
152 |
267 |
1073 |
497 |
1058 |
509 |
|
Halifax |
344 |
265 |
563 |
524 |
143 |
153 |
1050 |
616 |
942 |
648 |
|
St. John |
787[150] |
826[151] |
|
|
140 |
236 |
927 |
450 |
1062 |
460 |
|
St. John’s |
541 |
542 |
433 |
433 |
144 |
215 |
1118 |
566 |
1190 |
552 |
Whitehorse
|
318 |
318 |
525 |
525 |
144 |
216 |
843 |
689[152] |
843 |
675[153] |
In these six years the cost of rental housing has
gone up by varying amounts in Canada’s urban centers. The average rent for a two bedroom apartment
has increased by 4% in Montreal, 5% in
Halifax, 16% in Vancouver and 32% in Toronto.
What is more significant in terms of affordability, however, is that
social assistance recipients’ income have failed to keep pace with increased
costs and in some provinces have been significantly reduced. Total income for single mothers relying on
social assistance has decreased by 11% in Halifax, and by 1% in Montreal,
increased by 3% in Vancouver[154]
and decreased by 18% in Toronto. The
critical determinant of homelessness - the amount left over after paying
rent - has decreased by 13% in
Vancouver, by 69% in Toronto, by 5% in Montreal and by 22% in Halifax. To have simply kept pace with inflation, this
amount should have increased by 15% over this period of time.
The
impact of the repeal of CAP and the erosion of social assistance entitlements
on women’s homelessness is further reflected in the increased numbers of
low-income women using food banks and shelters, the increases in evictions because
of arrears and the experiences of disabled women with respect to homecare:
Ø
The majority of
food bank users are recipients of social assistance.[155] In March 2000
the Canadian Association of Food Banks reported that over 726,902 individuals
used a foodbank. This figure has increased by 92% since 1989 and has increased
by close to 10% since 1997.
Ø
Though national
statistics are not currently available, we know that economic evictions are on the rise. For example, in Ontario there has been a
significant increase in economic evictions.[156] The City of
Toronto found in 2000 that eviction was a reason why families repeatedly
returned to shelters (11%).[157] “An average of about 1,200
eviction hearing dates are set by the [Ontario Rental Housing Tribunal] each
month.”[158]
Ø Though national statistics are not
available there has been a rise in the number of women using shelters. In Toronto, for example, the number of women
using hostels has increased from 24.3% in 1988 to 37.2% between 1995-1996.[159] In Calgary there is also a growing number of
families using shelters, particularly those families headed by women.[160] Single-parent families enter the hostel
system at twice the rate of two-parent families.[161] Use of shelters in Ottawa showed an 18 per
cent increase in the number of distinct individuals using the shelters since
1996.[162]
Ø Since the repeal of CAP and
introduction of CHST every province and territory has cut back on home care
services for persons with disabilities.[163] As a result, increasing numbers of women with
disabilities are being forced out of their homes and into institutional care,
other women live in fear that if they ask for increased services they too will
have to leave their homes. The cut backs
to home care services has also increased the stress on mothers with
disabilities and has resulted in children having to take on additional
responsibilities within the home, including caring for their mothers.[164]
Recommendations
Securing
income equality for women across Canada is an ambitious goal that will require
a number of different types of strategies to be pursued simultaneously. CERA offers the following two legal
strategies to complement efforts to reach this goal.
1)
The loss of legally enforceable standards in social assistance allowed
unprecedented erosion of income adequacy for women in Canada – particularly for
single mothers, women with disabilities, Aboriginal women and racialized women. These changes have been condemned by two
United Nations Committees as violations of international human rights law
because of their discriminatory consequences for women’s access to adequate
housing. [165]
Despite the dramatic rise in homelessness among women and the strongly worded concerns of United Nations Committees, nothing has been done to reinstate enforceable standards with respect to social assistance. During the review of the Social Union Framework Agreement women should press the federal and provincial governments to include an enforceable right to adequate financial assistance in a renewed agreement.
2) Women have turned to the Charter of Rights
and Freedoms and to human rights legislation as alternative sources for
enforcement of the right to an adequate standard of living. A critical case was heard on this issue by
the Supreme Court of Canada on October, 29, 2001.[166] This type of
litigation must continue to be initiated.
Support
for including the right to an adequate standard of living, including adequate
food, clothing and housing, in a revised Canadian Human Rights Act, was
virtually unanimous among women’s and other equality seeking groups across
Canada when the Canadian Human Rights Review Task Force held consultations on
the Canadian Human Rights Act in 2000.
Though this recommendation was not included in the Task Force report,
women’s groups could lobby the federal government directly on this issue.
The
primary initiative undertaken by the federal government in recent years to
address poverty was the introduction in 1997 of the National Child Benefit
Supplement (NCBS) as an additional tax credit for some low income
families. This benefit was added onto
existing child benefits, which were incorporated into the new National Child
Benefit (NCB).
The NCB has two components – the base or basic
benefit and the Supplement. The Canada
Child Tax Credit, or basic benefit, combined the previous baby bonus and child
tax credit and did not provide any additional benefit to families over what
they previously received. The Supplement
constitutes additional funds which, according to the federal government, are
allocated to address the “welfare wall” phenomenon. The term “welfare wall” refers to the concept
that employment related expenses, increased income tax, and Canada/Quebec
Pension Plan contributions, for example, hinder low income people from moving
off welfare and into the labour market.[167]
The maximum
basic benefit is available to families whose net income is below
$32,000.[168] Until June 2002, the maximum basic benefit is $1,117
per year ($93.08 per month) for first and second children who are under 18
years of age. This amount increases
incrementally based on the numbers and ages of children in the family.[169] There is also
an additional supplement of $221/year or $18.41/month provided for each child
who is less than 7 years of age for whom no child care expenses were claimed.[170]
On top of this, some low income families are eligible
for the National Child Benefit Supplement of $1,255 per year ($104.58 per
month) for the first child; $1,055 per year ($87.91 per month) for the second
child; and $980 per year ($81.66 per month) for each additional child.[171]
The above amounts incorporate changes which took
effect in July 2001. At that time, the
Supplement was increased from the previous year by a substantial 28.4% whereas
the basic benefit was increased by a mere 1.2%, not even keeping up with the
cost of living.[172] As a result,
for the first time since the inception of the NCB, the amount of the Supplement
exceeds the amount of the base benefit.
Though
the NCB is administered through the tax system (individuals must file a tax
return to apply), according to the federal government it is more fundamentally
an anti-poverty program, not a tax provision, and while it is a federal tax
provision, it was designed as a joint initiative with provincial and
territorial governments.
The
NCB has three stated objectives:
1.
Prevent and
reduce the depth of child poverty;
2.
Promote
attachment to the labour market by ensuring that families will always be better
off as a result of working; and
3.
Reduce overlap
and duplication by harmonizing program objectives and benefits and simplifying
administration.[173]
All
three of these objectives are directly related to women’s housing and
homelessness. Child poverty is almost
always linked to women’s poverty and a major determinant of women’s / child’s
poverty is the relation between housing costs and income. Surely, an essential component of ensuring
that families are better off working than when on social assistance is to
address the fact that in many provinces, a variable shelter allowance adjusted
to housing costs and family size is only available when a family is on social
assistance. And harmonizing benefits,
one would think, should involve integrating housing subsidies with social
assistance shelter allowances and assistance to working families. Despite these connections, with its emphasis
on changing the labour market behaviour of parents, the Supplement completely
ignores the issue of housing costs, the need for shelter allowances for low
income working families and the need to harmonize housing subsidies with other
forms of income support. There is no
consideration of housing costs in a determination of eligibility for the
Supplement or amount of the benefit and there has been no attempt to target the
benefit to those in deepest poverty or at highest risk of homelessness.
The
distinctive feature of the Supplement in comparison to the basic benefit is
that by agreement with the provinces and territories, the Supplement may be
“clawed back” from social assistance recipients. In all provinces and territories, except New
Brunswick, Newfoundland and Manitoba, the Supplement is clawed back from social
assistance recipients.[174] What is most
offensive to low income women about the NCBS in the remaining provinces is that
a benefit designed to ameliorate child poverty is clawed back from the poorest
women and children simply because they are recipients of social
assistance. The result is that the
majority of single mothers, who are most in need of the benefit, are denied
it. This exclusion, of course, has a
significant impact on women’s homelessness.
In a 1998 report by the National Council of Welfare
entitled, Child Benefits: Kids Are Still Hungry, it was estimated that
of the one million plus lone parent families in Canada, only 17% would keep the
Supplement, as compared to 59% of two-parent families who would keep it.[175] The rest of
the lone parent families – 83% – would
not benefit from the Supplement at all.[176] In 1997
single mothers comprised 67% of families in receipt of social assistance
(388,426) whereas single fathers comprised only 6.4% (37,374) and couples with
children comprised 26.6% (157,675).[177] The clawback
was thus largely a clawback from single mothers. Despite the fact that women on social
assistance may be most in need of this benefit and most unable to pay for housing
and related expenses they are excluded from the federal government’s only
initiative to address child (family) poverty.
While
the Supplement clawback may appear to be a strictly provincial and territorial
policy, it was in fact by agreement with the federal government that provinces
and territories claw back the tax credit provided to families on social
assistance. The Building a Better
Future for Canadian Children paper provides the only public record of this
agreement. Under the section on ‘How
the National Child Benefit will Work’, the paper notes that:
Federal, provincial and territorial governments have
agreed on a joint approach to the National Child Benefit that involves three
simultaneous steps:
1) The federal government will increase its benefits
for low-income families with children, enabling it to assume more financial
responsibility for providing basic income support for children.
2) Corresponding with the increased federal
benefit, provinces and territories will decrease social assistance
payments for families with children, while ensuring these families
receive at least the same level of overall income support from governments.
3) Provinces and territories will reinvest these
newly-available funds in complementary programs targeted at improving work
incentives, benefits and services for low-income families with children. [178]
The clawbacks have resulted in significant savings
for provinces and territories. For the
1999-2000 fiscal year, reinvestments across provinces and territories totaled
an estimated $484 million.[179] While the
agreement was that these savings are to be reinvested in community programs and
services, as time goes by the distinction between “reinvestment” and simply
using these funds to pay for other programs becomes increasingly blurred. There is no evidence that families in the
provinces that claw back the benefit from social assistance receive improved
programs because of the clawback.
In
the end, the Supplement is more about a discriminatory denial of a necessary
benefit to single mothers than it is about addressing the difficulties of the
transition to work. The following
examples demonstrate the kinds of disparities that result from the discriminatory
nature of the agreement and the way in which these disparities have a direct
impact on single mothers’ risk of homelessness.
Maria, a
young single mother with two children, a boy aged 4 and a girl aged 6, lives in
a run down two bedroom apartment in Toronto.
She pays $850/month in rent.
Maria is in receipt of social assistance and does not have paid
employment. Like all families in receipt
of social assistance, every month she receives a cheque from the federal
government for the NCB base amount and the Supplement. She also receives a monthly welfare cheque
which is reduced by the amount of the NCB Supplement. Her total income less her rent, leaves Maria
with $459 at the end of the month for all expenses for her and her two
children, including heating costs, food, phone and all other necessities.
|
Source of Income |
Amount |
Rent |
After Rent |
|
Social Asstnce |
893.50
($1086 –$192.50) |
|
|
|
NCB Base |
186.16 |
|
|
|
NCB Supplement |
192.50 |
|
|
|
NCB Add Supp[180] |
36.82 |
|
|
|
Work income |
0 |
|
|
|
Total Income |
$1308.98 |
$850.00 |
$458.98 |
Maria’s friend Anthea rents a 2 bedroom apartment in the same
building at the same rent and has 2 children the same age. She has subsidized childcare. She has worked full time at a doughnut chain
for over two years earning just more than minimum wage. Her income is $10,920 a year or $910 per
month. Anthea is eligible for a monthly
top-up to her wages of close to $500 from social assistance but the NCB
Supplement is clawed back from this amount, so she only receives a monthly
top-up of just over $300. Anthea is not
entitled to the NCB additional supplement for children under 7 because she
claimed her child care expenses when she filed her taxes. As a result, her total monthly income is
almost $1,600. After paying rent, Anthea
has just under $750 to cover all of her expenses associated with working
including transportation to daycare and to work as well as basic, everyday
necessities for her and her two children.
|
Source of Income |
Amount |
Rent |
After Rent |
|
Social Asstnce |
304.50
(497.00-$192.50) |
|
|
|
NCB Base |
186.16 |
|
|
|
NCB Supplement |
192.50 |
|
|
|
NCB Addtnl Supp |
0 |
|
|
|
Work income |
910.00 |
|
|
|
Total Income |
$1593.16 |
$850.00 |
$743.16 |
Across the street, Geoff and Lori-Anne also
have two children, a boy aged 4 and a girl aged 6. They live in a three bedroom townhouse in a
co-op. The market rent of $1250/month is
reduced by a substantial subsidy ($545 a month) to $705/month. Geoff is a part-time municipal worker and has
a net yearly income of $24,000 or $2000 a month. Lori-Anne does not work outside the
home. Because Geoff is in paid
employment they are entitled to the NCB Supplement. Because they have not claimed child care
expenses for tax purposes, they are entitled to receive the NCB additional
supplement for children under 7. In
turn, Geoff and Lori-Anne have $1,630.70 left over after paying their housing
charge every month.
|
Source of Income |
Amount |
Rent |
After Rent |
|
Social Asstnce |
Nil |
|
|
|
NCB Base |
$223.00 |
|
|
|
NCB Supplement |
$150.20 |
|
|
|
NCB Add Supp |
$36.82 |
|
|
|
Work income |
$2000.00 |
|
|
|
Total Income |
$2410.02 |
$705.00 |
$1705.02 |
The disparities between these scenarios widens further when considered in light of available assets. To qualify for social assistance Maria and Anthea would both have to exhaust virtually all of their assets. That is, to be eligible for social assistance Maria would have to deplete any assets, such as savings in a bank account, bonds, or RESPs/RRSPs[181], to a maximum value of $1,957.[182] Similarly, once in receipt of social assistance Maria’s and Anthea’s assets could not increase beyond the maximum limit. Geoff and Lori-Anne, on the other hand, are able to retain their assets. So, not only might Geoff and Lori- Anne have an adequate monthly income after paying rent, they may also have a substantial financial cushion upon which they could rely in the event of a crisis or need.
The
discriminatory aspects of the Supplement clawback go beyond the financial
components as well. The agreement
reinforces a prevailing trend in federal social policy of obscuring or ignoring
the realities of women’s poverty and homelessness and focusing on protecting
their children from the potential “damage” inflicted by poverty. It has become an imperative to refer to “child
poverty” rather than “women’s poverty”.
The disassociation of child poverty from the poverty experienced by
their mothers reinforces negative stereotypes of single mothers and obscures
systemic inequalities in society which deprive single mothers of the resources
necessary to feed, clothe and house themselves and their children.
This
is not to say, however, that there are not important concerns to address in the
situations of women on social assistance making the transition to paid
work. Women with children frequently
find that the loss of a shelter allowance geared to family size, of drug and
dental coverage, winter clothing allowance, community start-up allowance and
other benefits which are adjusted to family size (and which are available
through social assistance), combined with the additional costs of
transportation and childcare, make this transition financially difficult and
may jeopardize their ability to pay for housing. However, rather than acknowledging the
complexities of these issues and designing a benefit that is sensitive to the
financial realities which increasingly place women and their children at risk
of homelessness, the NCBS agreement adopts a crude division between those on
social assistance and those who are not.
The result is that many women in dire poverty, and at serious risk of
homelessness, are denied a benefit which could make the difference between
paying the rent or facing eviction and homelessness.
Overview
Surveys
of renters facing eviction have found that the majority of evictions result
from unexpected job loss or reduction of income.[184] For women
paying a high proportion of income toward rent, protection from unforeseen loss
of employment income is thus an essential component of homelessness
prevention. To the extent that the
necessity for such protection has been recognized in Canada, it comes in the
form of the federal Employment Insurance Act
(“EI”). This Act establishes
what is essentially a worker-funded program derived from premiums paid by
employees and their employers to provide temporary income replacement and other
income security for insured employees who become involuntarily unemployed.
The
federal government’s EI scheme thus links income security with attachment to
the paid labour force. EI is available
to meet a number of circumstances giving rise to women’s loss of income
security – not only job loss, but also long term disability, maternity, infant
care – but it is only available to women who work. To the extent that the EI scheme contributes
to protecting women from homelessness then, this protection in enjoyed only by
working women. The EI scheme offers
nothing to women who have not paid into the system. For these women, the only alternative is
social assistance, which they cannot receive unless they have exhausted
virtually all of their assets. On the
one hand then, EI contributes to the realization of the broader goal of
ensuring income and housing security for women.
On the other hand, however, it is at best only a partial
contribution. Situating EI within the
broader context and objective of providing women with income and housing
security illuminates the ways in which EI needs to improve to ensure that on
its own terms it is really addressing the type of income loss most likely to
place women at risk of homelessness.
This
review of and recommendations with respect to EI is not intended to suggest
that women’s poverty and housing disadvantage should be exclusively addressed
through EI. Rather, it is to suggest
that EI must respond equally to the needs of women who are at risk of
homelessness. This chapter considers the
ways in which the structure and design of the current EI program disqualifies
women who are most at risk of homelessness.
This chapter also provides an opportunity to reflect on the broader
notion of income and housing security, to consider what is most appropriately
addressed through an insurance scheme linked with employment and what is more
appropriately addressed through universal income programs.
Rather
than refining the program to ensure that those households most vulnerable to homelessness
as a result of job loss or income fluctuation are adequately protected, and
receive income replacement when needed in order to meet housing costs, the
federal government has reformed this insurance scheme in a very different
direction. The new EI program
disqualifies many of the women who are most vulnerable to homelessness by
moving from a weeks worked to an hours worked entitlement system; tightening
eligibility criteria for new entrants and re-entrants into the workforce and,
rather than providing a supplement to those with dependents based on current
income, supplement funds have been tied to eligibility for the NCB and to
household income of the previous taxation year.
i) Weeks Worked to Hours
Worked
In
January 1997, the Liberal government changed EI eligibility criteria from a
“weeks worked” to an “hours worked” system.
The formula now used to determine who qualifies for insurance is based
on a 35 hour work week. This standard
also governs the allocation of maternity benefits.
This
change has a detrimental impact on part-time workers who now face a greater
risk of ineligibility for benefits:
The more part-time an individual’s work is, the
longer it will take that worker to meet eligibility requirements. Whereas, previously individuals working
between 15 and 34 hours per week qualified for benefits after twenty weeks,
these same individuals must now work between 20.5 and 46.6 weeks in order to
accumulate the required 700 hours. [185]
The
majority of part-time workers are women:
Ø
Among adult wage
earners (age 25 to 54) women comprise 80.1% of part-time workers.[186]
Ø
40% of women in
Canada work in non-standard jobs – in temporary, casual, seasonal or part-time
jobs[187]
Ø
Among single
mothers of children under six years of age, 28% are employed part-time.[188]
Ø
Women comprise approximately
70% of the part-time work force[189].
Women
work fewer hours in the paid labour force than men because they cannot obtain
full-time work, and because they carry more responsibility for unpaid
care-giving duties. As a result of this
change to eligibility criteria, those most likely to pay a high percentage of
income on rent may be in grave risk of not being able to pay their rent without
EI, and are the most likely to be paying into the program without receiving any
benefits.
Under the new EI system new entrants and re-entrants to the labour force face even tougher eligibility criteria to qualify for benefits. The number of hours required to qualify has been increased from 700 to 910 (from 20 weeks to 26 weeks). The result of this change in policy is to disqualify many young people and single mothers.
New and re-entrant workers represent 26% of all workers who experience job separation. Over 50% of workers who fall into this category earned less than $10.00/hour and over 75% earned less than $15.00/hour. Young people, aged 15-24, comprise over half of this category of workers and slightly more women than men fall into this category. In particular, single mothers with a youngest child between 6-10 years old, are much more likely to be re-entrants than are married mothers and fathers. The overrepresentation of young people and the propensity for single mothers to fall into this category is not surprising given that many young people will be entering the workforce for the first time, and women are more likely than men to periodically leave and re-enter the labour force to balance family and work responsibilities.[190]
iii) Replacement of
‘Dependency Rates’ with ‘Family Supplement’
Under
both the former Unemployment Insurance (UI) and current Employment Insurance
systems, provisions exist for extra benefits for claimants with dependent
children. Under UI it was called the
“dependency rate” and under EI it is called the “family supplement”.
The
family supplement is designed to provide additional assistance and security to
low-income families with children. Under
EI the regular benefit rate is 55% of insured earnings up to a maximum of
$413/week. Under the family supplement,
claimants in low-income families can receive a higher percentage of their
insured earnings (up to 80%) as long as their weekly benefit does not exceed
the $413 maximum entitlement. To qualify
for the family supplement, claimants must have at least one dependent child,
have a net family income of not more than $25,921 and be in receipt of the
Canada Child Tax Benefit (discussed in the previous chapter).[191]
There
are two significant changes in the switch from dependency rate to the family
supplement. First, eligibility for the
family supplement is based on family income whereas under UI it was
based on individual earnings. This means that a woman living with a male
partner who is in the labour force is considerably less likely to be entitled
to the family supplement.[192] Under UI in
1995-1996, 33.6% of women received the benefit whereas in 1997 under the new EI
scheme only 13.8% of women collected the family supplement and under EI only 62.6%
of supplement recipients are women, whereas under UI over 80% of recipients
were women.[193]
Under
the new eligibility criteria, a higher proportion of single mothers receiving
benefits are able to access the family supplement than under the previous
system. This gain, however, must be
viewed in light of the fact that it is very difficult for women, particularly
single mothers, to qualify for EI benefits under the new system.
The
second significant change is that rather than basing the supplement on earned
income during qualifying weeks, the family supplement is based on eligibility
for the NCB, thus on household income, from the previous taxation year. For women who have separated in the last
year and who would otherwise be disqualified for the NCB because of a higher
household income in the previous taxation year, there is a provision to qualify
for the NCB Supplement on the basis of current income. Nevertheless, apart from this limited
provision, many women who have experienced a dramatic drop in their household
income and therefore are at risk of not being able to pay the rent or meet
mortgage costs would likely not qualify for the family supplement because their
income in the previous taxation year was too high.
A program designed to provide extra financial assistance to low income families upon job loss should be concerned to ensure that women do not lose their housing. In turn, basing entitlement to family supplement on income levels in the previous taxation year makes little sense. For the program to be of real assistance to low income families, it needs to be targeted at families who are currently low income not only those who had a low income in the previous taxation year. Moreover, many of the most vulnerable women with children are likely excluded from receiving the family supplement because they failed to file income tax in the previous year and because they did not know about the provision which allows them to claim the National Child Benefit upon separation.
As
a result of these three major policy changes, women are failing to qualify for
EI benefits in larger numbers then men despite the fact that their payments
into the system are proportionate. In
1997 – 1998 the number of women claiming EI regular benefits[194] decreased by just under 20% from the year prior.[195] The changes
to EI exacerbate inequities already present in women’s segment of the labour
force. For example, Aboriginal women,
women of colour, newcomer women and women with disabilities are over-represented
in the “marginal” labour force. Under
the new EI system, they face increasing difficulties meeting the requirements
to qualify and when they do qualify, they have to contend with lengthy waiting
periods before they receive any benefits at all.
Women
who are unable to qualify for EI benefits – because they don’t have enough
hours of work because they were part-time, they were new to the workforce or
they have re-entered after having spent five or six years at home raising their
children – have no alternative but to turn to social assistance. This requires exhaustion of assets necessary
to provide protection against unforeseen events or for providing deposits for
alternative accommodation. Social
assistance rates will rarely be adequate to pay for current accommodation,
whereas, proper insurance coverage would allow women to hang onto a good
apartment through a transition period.
The present system forces women confronted with temporary unemployment
to relinquish their accommodation, take children out of school or daycare, and
enter an increasingly hostile and unregulated rental market. They may have their credit damaged in the
process, making it impossible to qualify for most apartments or for a mortgage
in the future. Women are further
disadvantaged because social assistance programs are more stigmatizing of
recipients.[196]
1)
Employment Insurance requires a thorough overhaul to ensure that women who are
vulnerable to unexpected job loss or income reduction are adequately protected
so they can continue to pay their rent or make their mortgage payments. This means:
Ø
Rather than
disqualifying young women and women who are re-entering the workforce after
having stayed at home caring for children, eligibility criteria should be
developed that consider and accommodate women’s participation in the paid and
unpaid labour force, with particular attention focused on women’s work
patterns, young women and women re-entering the labour force after an
absence;
Ø
Ensuring
eligibility for the family supplement is based on current income and housing
security needs rather than on income in the last taxation year and receipt of
the National Child Benefit;
Ø
Adjusting
regular benefit levels and the family supplement so as to provide the necessary
protection to those who, as primary caregivers, have little flexibility to
absorb a reduction of income. Benefit
and supplement rates would have to take into consideration actual housing costs
of EI recipients.
2)
Surveys of women dealing with eviction should be undertaken to document the
extent to which improved employment insurance could prevent homelessness.
3)
A more efficient delivery system is required so that low income women receive
their first EI cheques immediately upon application rather than having to wait
between four and six weeks, or alternatively a fast track system could be
developed for those in need of immediate income to meet housing costs.
Chapter 5: Recommendations
This chapter consolidates the
recommendations made in previous chapters.
Federal Government Programs
Affordable Rental Housing
1) We recommend that a portable shelter subsidy be
allocated as a direct cash transfer or tax credit based on established
eligibility criteria to all qualified households. This would remove the administration and
allocation of subsidy from the housing provider and eliminate the
discriminatory consequences of lengthy waiting lists and other restrictions in
social housing. Eligibility for subsidy
would be determined by need rather than by whether women get access to social
housing units.
2) We
recommend that the federal government and the provinces develop methods of
collecting complete information about the demographic and income
characteristics of households securing access to assisted housing and that
allocation of assisted housing be revised in order to ensure equitable
representation of young women, larger families, newcomers and other groups at
risk of homelessness.
3) Funding
for new rental housing supply should be made conditional on non-discriminatory
rental practices and on ensuring that the stock will remain affordable rental
in the future.
1)
CMHC’s restrictions on mortgage insurance should be removed and regulation of
banks should ensure that women and low income households are provided with
alternative ways of demonstrating credit worthiness.
2)
Banks should be required to provide detailed information about the income and
household characteristics of those provided with mortgages, and be required to
develop special programs to provide mortgages to low income households
3)
Programs should be initiated to provide protection to low income home buyers
from interest rate fluctuations.
4)
While programs designed to assist homeowners with repairs would be valuable
programs for low income women homeowners, these programs need to be linked with
major initiatives to provide access to home ownership for single mothers and
low income women.
5)
Tax expenditures such as the capital gains tax exemption for primary residence
available to home owners should be matched by a shelter allowance for low
income renters so that federal program and tax expenditures are fairer to
women.
1) The Homelessness Secretariat should consider setting as a
priority the funding of community based initiatives that address the systemic
causes and diversity of women’s experiences of homelessness.
2) The Homelessness Secretariat could facilitate the
establishment of a vehicle, such as a
national network, to facilitate communication and collaboration between women’s
groups across Canada on issues related to women’s housing and
homelessness. A national network would
assist in linking local community activism to systemic issues that are often
national or international in scope. It
might also assist in ensuring issues related to women’s housing and
homelessness are securely placed on political, economic and social policy
agendas.
6) Federal and provincial/territorial governments as well as
band councils responsible for housing must respond to the specific housing and
income issues experienced by Aboriginal women living on and off reserves. This would include: earmarking funds for the
construction of new units specifically for Aboriginal women on and off-reserve
that are culturally appropriate and that accommodate families of different
sizes; ensuring that all Aboriginal women have sufficient funds (perhaps
through a portable shelter allowance financed by the Federal government) to
access existing and new housing stock on and off reserve; and allocating
existing housing stock in a non-discriminatory fashion, prioritizing those in
need.
7) The recommendations for future action articulated in
Pauktuutit’s report, Inuit Women: The Housing Crisis and Violence must
be implemented immediately. These
recommendations include:
Ø The reinstatement of secure,
adequate and long-term federal funding for housing;
Ø An Inuit-specific housing policy
ensuring an adequate standard of housing;
Ø The inclusion of Inuit women’s
organizations as active partners at all levels of the policy making process,
including local housing associations;
Ø Victims of family violence must consistently be given priority access to public housing.
1)
The loss of legally enforceable standards in social assistance allowed
unprecedented erosion of income adequacy for women in Canada – particularly for
single mothers, women with disabilities, Aboriginal women and racialized
women. These changes have been condemned
by two United Nations Committees as violations of international human rights
law because of their discriminatory consequences for women’s access to adequate
housing. [197]
Despite the dramatic rise in homelessness among women and the strongly worded concerns of United Nations Committees, nothing has been done to reinstate enforceable standards with respect to social assistance. During the review of the Social Union Framework Agreement women should press the federal and provincial governments to include an enforceable right to adequate financial assistance in a renewed agreement.
2) Women have turned to the Charter of Rights
and Freedoms and to human rights legislation as alternative sources for
enforcement of the right to an adequate standard of living. A critical case was heard on this issue by
the Supreme Court of Canada on October, 29, 2001. This type of litigation must continue to be
initiated.
Support
for including the right to an adequate standard of living, including adequate
food, clothing and housing, in a revised Canadian Human Rights Act, was
virtually unanimous among women’s and other equality seeking groups across
Canada when the Canadian Human Rights Review Task Force held consultations on
the Canadian Human Rights Act in 2000.
Though this recommendation was not included in the Task Force report,
women’s groups could lobby the federal government directly on this issue.
National Child Benefit
Supplement
1)
Employment Insurance requires a thorough overhaul to ensure that women who are
vulnerable to unexpected job loss or income reduction are adequately protected
so they can continue to pay their rent or make their mortgage payments. This means:
Ø
Rather than
disqualifying young women and women who are re-entering the workforce after
having stayed at home caring for children, eligibility criteria should be
developed that consider and accommodate women’s participation in the paid and
unpaid labour force, with particular attention focused on women’s work
patterns, young women and women re-entering the labour force after an
absence;
Ø
Ensuring
eligibility for the family supplement is based on current income and housing
security needs rather than on income in the last taxation year and receipt of
the National Child Benefit;
Ø
Adjusting
regular benefit levels and the family supplement so as to provide the necessary
protection to those who, as primary caregivers, have little flexibility to
absorb a reduction of income. Benefit
and supplement rates would have to take into consideration actual housing costs
of EI recipients.
2)
Further surveys of women dealing with eviction should be undertaken to document
the extent to which improved employment insurance could prevent
homelessness.
3) A more efficient delivery system is required so that low income women receive their first EI cheques immediately upon application rather than having to wait between four and six weeks, or alternatively a fast track system could be developed for those in need of immediate income to meet housing costs.
[1] Toronto
Social Planning Council, Report on Homelessness (City of Toronto, 1976).
[2] Federation
of Canadian Municipalities, A National Affordable Housing Strategy:
Backgrounder (Ottawa, 2001) online at http://www.fcm.ca/english/national/backgrounder-e.html;
[3] City of Toronto Homelessness Report
2001 (Toronto: January, 2001), at 7, online at:
www.city.toronto.on.ca/homelessness/homelessnessreport.pdf
[4] S. Lenon,
"Living on the Edge: Women, Poverty and Homelessness in Canada"
(2000) 20(3) Canadian Women's Studies 123 at 125.
[5] There was a 130% increase in number of children in Toronto shelters between 1989 and 1999 (City of Toronto Homelessness Report 2001, at 5). The majority are children of single mothers. Thus, while women are still outnumbered by men in the shelter population, it is clear from affordability indicators that they are most at risk of homelessness and affordability problems, etc. The Federation of Canadian Municipalities estimates 4 families at risk of homelessness for every one person in a shelter or on the street (Federation of Canadian Municipalities, A National Affordable Housing Strategy: Backgrounder, supra, note 2). A recent survey in British Columbia showed that Aboriginal people are over-represented among shelter users and that Aboriginal clients are more likely to be female. This report also suggests that black women and aboriginal women in Toronto are over-represented amongst shelter users. See: British Columbia, Ministry of Social Development and Economic Security, Homelessness – Causes & Effects: A Profile, Policy Review and Analysis, Vol. 2 at 23 and Vol. 4 at 8 (March 2001).
[6] M. Hurtig, Pay the Rent or Feed the Kids: The Tragedy and Disgrace of Poverty in Canada (Toronto: McClelland & Stewart, 1999); S. Chau, A. Fitzpatrick, J. D. Hulchanski; B. Leslie and D. Schatia, One in Five: Housing as a Factor in the Admission of Children into Care. A Joint Research Project by the Children’s Aid Society of Toronto and the Faculty of Social Work, University of Toronto, (Toronto: Centre for Urban and Commuity Studies, Research Bulletin #5, November 2001).
[7] United Nations Human Rights
Committee, Concluding Observations on Canada, CCPR/C/79/Add. 105 (1999) (7
April 1999) at par. 7.
[8]
A
Framework to Improve the Social Union for Canadians: An Agreement between the
Government of Canada and the Governments of the Provinces and Territories
(February 4, 1999), online at <www.socialunion.gc.ca>. In February 1999, the Social Union Framework
Agreement (SUFA) was signed by the federal government, and nine provincial and
two territorial governments (Quebec and Nunavut are not signatories). SUFA is a political agreement which
establishes a framework for how federal, provincial and territorial governments
should relate to one another and civil society in the making of social policy,
it establishes rules regarding the federal use of its spending power and it
commits governments to several core principles including the equality, rights
and dignity of women. SUFA does not,
however, refer to housing or the right to an adequate standard of living or
adequate rates of social assistance.
[9]National Housing Act R.S., c. N-10.
[10] See Chapter 2.
[11]Report of the Royal Commission on Aboriginal Peoples, Vol III, Chapter 4 (Ottawa, 1996).
[12] The definition of homelessness as
“sleeping rough” in public places or living in a shelter is used fairly
widely. See, for example, Sabrine
Springer, “Homelessness: A Proposal for a Global Definition and
Classification.” Habitat
International, Vol. 24, 2000 at 475-484.
[13] The definition of those paying more than 50%
of income toward rent as being “at risk of homelessness” was adopted by the
Ontario Non-Profit Housing Association and the Co-operative Housing Federation
of Canada in their Reports Where’s Home: A Picture of Housing Needs in
Ontario (Toronto: Ontario Non-Profit Housing Association, 1999) at 22 and
by the Mayor’s Homelessness Action Task Force Taking Responsibility for
Homelessness: An Action Plan for Toronto, Report of the Mayor’s
Homelessness Action Task Force (Toronto, January, 1999).
[14] See Chapter Three.
[15]Québec (Comm. des droits de la personne) v. Whittom (1993), 20 C.H.R.R. D/349 (Qué. Trib), affirmed in
(1997), 29 C.H.R.R. D/1 (Qué. C.A.); Kearney et al. v. Bramalea Ltd et al (1998), 34
CHRR D/1 (Ont. Bd. Inq.), upheld in part in Kearney et. al v. Bramalea Ltd. et al., [2001] O.J. No. 297, Vander Schaaf v. M.R. Property Management
Ltd. (2000), 38 C.H.R.R. D/251. Sinclair
v. Morris A. Hunter Investments Ltd., [2001] O.H.R.B.I.D. No. 24.
[16] D’Aoust c. Vallières (1993),19 C.H.R.R. D/322 (Que.Trib.).
[17]Diane Galarneau and Jim Sturrock, Family
Income After Separation (Ottawa: Stats. Can., Labour and Household Surveys
Analysis Division, 1997).
[18] CMHC Rental Market Reports, Toronto
branch, Vacancy rate in apartments 6 units or more, Toronto CMA, 1989,
1998 The vacancy rate in Toronto in 1998
was 0.9% while in 1989 it was 0.3%
[19]
City
of Toronto, Hostel Services Division, Shelter Use Data (on file at CERA).
[20] David Hulchanski, A Tale of Two
Canadas: Homeowners Getting Richer, Renters Getting Poorer. Income and Wealth Trends in Toronto, Montreal
and Vancouver, 1984 and 1999 (Toronto: Centre for Urban and Community
Studies, September 2001); Federation of Canadian Municipalities, A National
Affordable Housing Strategy (Ottawa,
2000) at 9-10, online at: < www.fcm.ca/english/national/strategy2-e.pdf>.
[21] Masse v. Ontario Ministry of Community and Social Services) (1996), 134 D.L.R. (4th) 20, at paras. 42-49 (per Corbett J.). Affidavit of Michael Ornstein (Toronto, October, 1995).
[22] See Chapter 5.
[23] CMHC Rental Market Survey, Data on
Inclusion of Electricity and Utilities. 2001.
[24] Statistics Canada 1996 Census, Cat.
No. 95F210, Private Households in Tenant Occupied Non-Farm, Non-Reserve
Dwellings by Household Type, Showing Gross Rent as a Percentage of 1995
Household Income at 9, 11. 36% of
sole support parents who are tenants in
Toronto pay more than 50% of income on gross rent. 10 of 29 rural and northern census divisions
in Ontariio show more than 36% of sole support parents paying more than 50% of
income toward rent. (Muskoka Community
Services, Statistical Profile of 29 Rural and Northern Communities ,
District Municipality of Muskoka, 2001, presented at the Ontario Municipal
Social Services Association Conference Building Homeness II, Hamilton,
Oct. 22-23, 2001).
[25] Statistics Canada, Women in
Canada 2000: A Gender-based Statistical Report (Catalogue No. 89-503-XPE)
at 163 (Table 7.1).
[26] CERA, “Human Rights, Access and
Equity: CERA’s Recommendations for the Homelessness Action Task Force” in Taking
Responsibility for Homelessness: An Action Plan for Toronto. Report of the
Mayor’s Homelessness Action Task Force. Background Papers. Vol. 1. (Toronto,
1998).
[27] United Nations Committee on Economic, Social and Cultural Rights, Concluding Observations on Canada, E/C.12/1/Add.31 (10 December 1998), at par. 46. See also paras. 16, 28 and 30.
[28] U.N. Human Rights Committee,
Concluding Observations of the Human Rights Committee (Canada), (07 April 1999) CCPR/C/79/Add. 105 (1999) at
para.11.
[29] Taking Responsibility for
Homelessness: An Action Plan for Toronto.
Report of the Mayor’s Homelessness Action Task Force, supra note 13 at 4.
[30] Statistics Canada, supra note 25 at 138.
[31] Sinclair v. Morris A. Hunter Investments Ltd., supra note 15.
[32] In some municipalities, a certain
number of units are allocated to those who were 16 or 17 when they applied, but
as will be explained below, such allocations – usually one in ten for
newcomers, young people and homeless people – do not provide anything close to
an equitable allocation of units to groups disadvantaged by a chronological
allocation with lengthy waiting lists.
[33]
Statistics
Canada, supra note 25 at 139.
[34]
Older
Women’s Network, The Housing Factor Project: Housing Needs of Mid-Life and
Older Women (Toronto, 2000) at 11.
[35]
Hafeez
Janmohamed, Editorial, Centretown News Online, 23 February 2001, available on
www.carleton.ca/ctown/archiv/
[36] Taking Responsibility for
Homelessness: An Action Plan for Toronto, supra note 13 at 72.
[37] Sinclair v. Morris A. Hunter Investments Ltd., supra note 15.
[38] A few municipalities, such as
Toronto, allocate a particular number of subsidized units to newcomers, youth
(16 and 17) and the homeless on the basis that these groups are disadvantaged
by a chronological ranking of applicants.
However, total allocations to these groups is one in ten, with very few
going toe newcomers. See discussion of
chronological ranking of applications in Chapter Two.
[39] The Metropolitan
Immigrant Settlement Association (MISA) located in Halifax, provided housing
assistance to 182 newly arrived Government Assisted Refugees in 2001. Staff report pervasive discrimination against
immigrant women by both private sector landlords and non-profit housing
providers. Larger families trying to
access affordable, appropriate housing face particular barriers without
adequate funds from the federal government.
[40] Shirley Masuda, Don’t Tell Me To
Take A Hot Bath: Resource Manual for Crisis Workers (Vancouver, DAWN
Canada, 1995) at 101-102 as in Shirley Masuda, The Impact of Block Funding
on Women With Disabilities (Status of Women Canada, March 1998) at 1.
[41] CERA finds that in some instances,
non-profit providers are less likely to agree to accommodate the needs of
disabled tenants than for profit
providers, on the basis that they have a
limited number of “accessible” units set aside for tenants with disabilities
and believe that this satisfies all of their responsibilities in terms of accommodation
of disabilities.
[42] Shirley Masuda, The Impact of
Block Funding, supra note 40 at 18.
[43] Canada Mortgage and Housing Corporation, About CMHC, online at
<www.cmhc-schl.gc.ca>
[44]Jeanne Wolfe, “Canadian Housing Policy in the 90's” (1998) 13:1in Housing Studies at 121-133.
[45]Tom Carter, “Current Practices for
Procuring Affordable Rental Housing: The Canadian Context,” in Housing
Policy Debate 8(3) (1997) p. 64.
[46]Canada Mortgage and Housing Corporation, Canadian Housing Statistics: 1997 (Ottawa: CMHC, 1997), Table 65.
[47]Statistics Canada, Women in Canada 2000: A Gender-based Statistical Report (Catalogue No. 89-503-XPE) at 161, 163.
[48]CMHC defines
core housing need as follows: “A
household is said to be in core housing need if its housing falls below at
least one of the adequacy (does not require major repairs), suitability (has
enough bedrooms), or affordability (shelter costs are less than 30% of
before-tax household income) standards AND it would have to pay more than 30%
of its income to pay the average rent of alternative local market housing that
metes all three standards (CMHC, Special Studies on 1996 Census Data: Housing Conditions of Native Households).
[49]Canadian Council on Social
Development, Housing Canada’s Children at 18-19.
[50]Statistics Canada, “Women in Canada”
supra note 47 at 161, 163.
With respect to unattached individuals, disparities between men and
women are not dramatic, but are statistically significant.
[51]Canada Mortgage and Housing Corporation, supra note 46 at 9.
[52] “Human Rights, Access and Equity:
CERA’s Recommendations for the Homelessness Action Task Force” in Taking
Responsibility for Homelessness: An Action Plan for Toronto. Report of the Mayor’s Homelessness Action
Task Force. Background Papers. Vol. 1. (Toronto, 1998).
[53]
Sinclair v. Morris A. Hunter Investments Ltd., [2001] O.H.R.B.I.D. No. 24.
[54]Ibid.
[55] Ontario Non-Profit Housing Association, News from the New Affordable Housing Front, online at: <www.onpha.on.ca>
[56] Ontario and Nova Scotia have changed
to a chronological allocation of subsidized units even in public housing, while
Quebec and British Columbia continue to rely on a needs based allocation of
public housing. Most municipal
non-profits and non-profit co-operatives use a chronological allocation system.
[57] Ont. Regulation 2001.0109.e.
17-JG/MS to the Social Housing Reform Act (2,000), ss. 35-45
[58] Michael
Ornstein, Income and Rent: Equality Seeking Groups and Access to Rental
Accommodation Restricted by Income Criteria, Toronto: 1994, Table 26.
Similar results were found from a special run of 1995 census data,
public use microdata file for individuals.
[59] Centre for Equality Rights in
Accommodation, Rent Insurance in
Toronto: A Feasibility Study on Rent Insurance in Toronto’s Rental Housing
Market (December, 2001) at p. 31.
[60] Fakhoury v. Las Brisas, (1987) 8 C.H.R.R. D/4028 at D/4035-36.
[61]
See,
for example, Taking Responsibility for Homelessness, supra note 52; Federation of Canadian Municipalities, A National
Affordable Housing Strategy (Ottawa,
2000), online at: < www.fcm.ca/english/national/strategy2-e.pdf>.
[62]Government of Canada, Responses to the Supplementary Questions to Canada’s Third Report on the International Covenant on Economic, Social and Cultural Rights, HR/CESCR/NONE/98/8 (October, 1998) question 43.
[63] Statistics Canada, supra note 5 at 159.
[64]Ibid.
[65] Interview
with Halifax Royal LePage agent, February 11, 2002.
[66] CMHC requires a 32% gross debt
service costs to income ratio, covering mortgage interest and principal
payments, heat and property taxes, and a 40% total debt service to income
ratio. Canada Mortage and Housing
Corporation, The Time is Now:
Homeowner Mortgage Loan Insurance.
Product No. NHA 2282 06/99.
[67] Interview
with President of GE Capital, August 17, 2001.
[68]R. Querica and M. Stefman, “Residential Mortgage Default: A Review of the Literature”, in Journal of Housing Research, Vol. 3, Issue 2, 1993, 345-79 at 350.
[69] Richard Williams, and Eileen McConnell,"The
Effect of GSEs, CRA, and Institutional Characteristics on Home Mortgage Lending
to Underserved Markets," Kirk McClure.
"The Twin Mandates Given to the GSEs: Which Works
Best, Helping Low‑Income Homebuyers or Helping Underserved Areas in the Kansas
City Metropolitan Area?" and James Pearce.
"Fannie Mae and Freddie Mac Mortgage Purchases in Low‑Income
and High‑Minority Neighborhoods: 1994‑96," in Cityscape:
Fannie Mae and Freddie Mac in the Housing Finance System: I, Volume 5,
http://www.huduser.org/periodicals/cityscpe/vol5num3/current.html.
[70]David Hulchanski, A Tale of Two
Canadas: Homeowners Getting Richer, Renters Getting Poorer. Income and Wealth Trends in Toronto, Montreal
and Vancouver, 1984 and 1999 (Toronto: Centre for Urban and Community
Studies, September 2001).
[71]Supplementary Report of Canada in Response to Questions Posed by the United Nations Human Rights Committee, CCPR/C/1/Add.62 (March, 1983) Question 44.
[72] A.J.M. Freeman, A.E. Holmans et C.M.E. Whitehead, Is the UK Different? International Comparisons of Tenure Patterns, Council of Mortgage Lenders, London, 1996, at 78‑79.
[73]
Telephone
interview with Stephenville Regional Office, Newfoundland and Labrador Housing
Corporation, January 21, 2002.
[74]Statistics Canada, Income Division, 1997.
[75] Homelessness Secretariat, online at:
< www.hrdc-drhc.gc.ca/nsh-snsa/homepage_e.html>. The cities are: Vancouver, Calgary, Edmonton,
Winnipeg, Hamilton, Toronto, Ottawa, Montreal, Quebec City and Halifax.
[76] See for example, the images on the
Homelessness website; the federal governments’ stated objectives for SCPI; and
the budget allocations.
[77] Pauktuutit – Inuit Women’s
Association of Canada, Inuit Women: The Housing Crisis and Violence (1986),
at 9.
[78] Government of Canada, Report to
the United Nations Conference on Human Settlements (Habitat II), June 1996.
[79] Canada Mortgage and Housing
Corporation, Special Studies on 1996 Census Data: Housing Conditions of Native Households,
Socio-economic Series Issue 55-6 (January 2001).
[80] Statistics Canada, Women in
Canada 2000, CS89-503-XPE, at 248-249
[81] Ibid., at 253.
[82] Ontario Federation of Indian
Friendship Centres, Aboriginal Child Poverty (Toronto, 2000) at 20.
[83] Core Housing Need Among
Off-Reserve Aboriginal Lone Parents in Canada at iii
[84] According to Statistics Canada
families or individuals are classified as “low income” if they spend, on
average, at least 20 percentage points more of their pre-tax income than the
Canadian average on food, shelter, and clothing. Using 1992 as the base year, families and
individuals with incomes below the Low Income Cut Offs usually spend more than
54.7% of their income on these items and are considered to be in straitened
circumstances.
[85] Statistics Canada, supra note 80, at 259.
[86] Pauktuutit, supra note 77 at 2.
[87] Statistics Canada, supra note 80, at 247.
[88] Pauktuutit, supra note 77 at 1.
[89] Ibid., at 1.
[90] Ibid., at 3, 5.
[91] Housing Again Bulletin #42, 2
October 2001, online at: www.web.net/~housing/housingagain-l/
[92] Pauktuutit, supra note 77 at 5.
[93] See: Pauktuutit, supra note 77, for a more detailed analysis of Inuit women’s
experiences of the housing crisis.
[94] Ibid, at 9.
[95] Ibid.
[96] United Nations Human Rights
Committee, Concluding Observations on Canada, CCPR/C/79/Add. 105 (1999) (7
April 1999) at para. 8 ; United
Nations Committee on Economic, Social and Cultural Rights, Concluding
Observations on Canada, E/C.12/1/Add.31 (10 December 1998), at paras 17,
18, 43; Canadian Human Rights Commission, Annual Report 1998 (Ottawa:
Canadian Human Rights Commission, 1998)
[97] Grand Council of the Crees, Pushed to the Edge of Extinction: Racism Against Indigenous Peoples of Canada (2001) at 7.
[100] Grand Council of the Cree, Submission to the Committee on Economic, Social and Cultural Rights (November 1998) at 147.
[101] Health Canada and DIAND, Community Drinking Water and Sewage Treatment in First Nations Communities (Ottawa: Public Works and Government Services, 1995)
[103] Grand Council of the Cree, supra note 100 at 192. Rates of tuberculosis are 7 times higher among registered Indians than among non-Aboriginal Canadians born in Canada (Health Canada, 1999).
[105] Ibid.
[106] Assembly of First Nations, Housing
Secretariat, available on: <www.afn.ca> .
[107] RCAP, Vol. 4, Chapter 8, states,
“The testimony of Aboriginal women reveals that they are often both the
mainstay of the family unit and the catalyst for change”. See also: Madeleine Dion Stout & Gregory
K. Kipling, Aboriginal Women in Canada: Strategic Research Directions for
Policy Development, (Status of Women Canada, March 1998).
[108] RCAP, Vol.3, Chapter 4 at footnote
9.
[109] Ibid.
[110] Grand Council of the Cree, supra
note 100, at par.149.
[111] Other programs include: On-Reserve
Loan Insurance Program, and the Residential Rehabilitation Assistance Program
on Reserve.
[112] CMHC, Programs and Financial
Assistance, available on: <www.cmhc-schl.gc.ca/en/prfias/>.
[113] Assembly of First Nations, CMHC
Programs, available on: <www.afn.ca/Programs/Housing/HS/cmhc_programs.htm>
[114] See, for example: Karen Green, Family
Violence in Aboriginal Communities: An Aboriginal Perspective in BC Institute Against Family Violence,
Newsletter (2001).
[115] In 1994 there was a one-time $43
million increase in spending as a result of the dramatic increase in population
due to Bill C-31.
[116] Grand Council of the Cree, supra
note 100 at 148.
[117] RCAP Vol 3, Chapter 4.
[118] Mary Eberts for the Native Women’s
Association of Canada, Aboriginal Women’s Rights are Human Rights, a
paper prepared for the Canadian Human Rights Act Review, online at:
<www.chrareview.org/pubs/>
[119] Shelagh Day for Feminist Alliance
for International Action, Toward Women’s Equality: Canada’s Failed
Commitment, online at: <www.fafia.org>.
[120] Derrickson v. Derrickson
[1986] 1 S.C.R. 285 cited in RCAP, Family Law, Part 4.2, Division of Property
on Marriage Breakdown. The order of
compensation, however, may be of little practical value. Not only does enforcing an order require
further expense, if the spouse has not liquid assets and the only substantial
asset is real property, an order for compensation is of little practical
significance.
[121] Shelagh Day, supra note 119.
[122] Ibid.
[123] Housing Again Bulletin #4, 13
December 1999, online at: www.web.net/~housing/housingagain-l/
[124] RCAP, Vol. 3, Chap. 4.
[125] Ibid.
[126] Lisa Maracle, RCAP, Vol 3, Chap. 4,
Part 4.4.
[127] RCAP at 14.
[128] Congress of Aboriginal Peoples, Urban
Native Housing Program, available on:
www.abo-peoples.org/programs/housing.htm
[129] Housing Again Bulletin #11, 28 April
2000, online at: www.web.net/~housing/housingagain-l/
[130] Royal Commission on Aboriginal
Peoples, Metis Perspectives, Chapter 5, Vol.4.
[131] Statistics Canada, supra note 80, at 248.
[132] According to Statistics Canada
families or individuals are classified as “low income” if they spend, on
average, at least 20 percentage points more of their pre-tax income than the
Canadian average on food, shelter, and clothing. Using 1992 as the base year, families and
individuals with incomes below the Low Income Cut Offs usually spend more than
54.7% of their income on these items and are considered to be in straitened
circumstances.
[133] This figure is almost double the
1971 figure for numbers of female-headed lone parent families. In 1971 10% of families with children were
headed by female lone parents.
[134] Statistics Canada, Women
in Canada: A Gender-based Statistical Report (Ottawa: Ministry of Industry,
2000) at 259.
[135] Statistics Canada, Women
in Canada: A Gender-based Statistical Report, at 206.
[136] Shirley Masuda, The Impact of
Block Funding on Women with Disabilities (Ottawa: Status of Women Canada,
1998) at 2.
[137] Statistics Canada, Women
in Canada: A Gender-based Statistical Report, at 233.
[138] M. Townson, Report Card on Women
and Poverty, at 1, 5-8; S. Day and G. Brodsky, Women and the Equality
Deficit: The Impact of Restructuring Canada’s Social Programmes (Ottawa: Status
of Women Canada, 1998) at 5-8; Statistics Canada, Women
in Canada: A Gender-based Statistical Report (Ottawa: Ministry of Industry,
2000) at 103, 105, 107, 110, 135-138.
[139] CAP, s. 6(2)(a).
[140] Finlay v. Canada (Minister of Finance), [1993] 1 S.C.R. 1080
[141] Katherine Scott et al., Women and
the CHST: A Profile of Women Receiving Social Assistance in 1994, (Status
of Women Canada, March 1998) at xvi.
[142] See: Shirley Masuda, The Impact
of Block Funding on Women with Disabilities (Status of Women Canada, March
1998) at 4. Masuda reports that in the
post-CAP era women with disabilities are finding it increasingly difficult to
qualify for disability benefits, particularly in Quebec and Ontario.
[143] CERA Submissions to Toronto
Homelessness Task Force.
[144] The welfare rates represented are
best estimates of maximum benefits for a single parent with one child. These figures were obtained through a variety
of sources and communications with the National Council of Welfare, as well as
municipal social services offices across the country.
[145] Canadian Mortgage and Housing
Corporation average rents. CMHC average
rents do not always factor in costs for utilities.
[146] We were unable to represent the
north. There is no CMHC rent data for
Whitehorse or Yellowknife for 1994.
Welfare rate data for Yellowknife was also unavailable.
[147] Unfortunately, complete information
on Yellowknife was unavailable and thus could not be included in this
chart.
[148] This amount includes Shelter and
Basic Allowance.
[149] Ibid.
[150] Ibid.
[151] Ibid.
[152] Statistics for average rents in
Whitehorse in 1994 from CMHC were not available. These statistics are from the Yukon Bureau of
Statistics which reported median rents for 3 quarters in 1994. Median rents
refer to the rental value at which one half of the rents are higher and one
half of the rents are lower.
[153] This is also a mean rent not an
average rent calculation.
[154] As a result of the election of a
Liberal government in British Columbia, and a rash of cut backs to social services
announced on 17 January 2002, this figure is likely to change
dramatically. The government has
proposed to cut welfare rates by almost 20% for single mothers. For more information See:
<www.povnet.org>.
[155] Canadian Association of Food Banks,
Beth Wilson and Carly Steinman, Hunger Count 2000: A Surplus of Hunger,
October 2000, at 8.
[156] Toronto Disaster Relief Committee, Death
on the Streets of Canada, March 1999 at 4.
[157] City of Toronto, The Toronto Report
Card on Homelessness 2000, at 7.
[158] Ibid., at 15.
[159] City of Toronto, Hostel Services
Division, Shelter Use Data (on file at CERA).
[160] Ibid., at 55.
[161] Report of the Mayor’s Homelessness
Action Task Force, Taking Responsibility for Homelessness: An Action Plan
for Toronto, January 1999 at 54.
[162] Ministry of Social Development and
Economic Security, British Columbia, Homelessness: Causes &
Effects. A Profile, Policy Review and
Analysis of Homelessness in British Columbia, Vol. 2, April 2001, at 36.
[163] Shirley Masuda, The Impact of
Block Funding on Women with Disabilities, supra note 136 at 13-16.
[164] Ibid.
[165] Concluding Observations on Canada of
the Committee on Economic, Social and Cultural Rights, E/C.12/1/Add.31 (10
December 1998) and Concluding Observations on Canada of the Human Rights
Committee, CCPR/C/79/Add.105 (7 April 1999).
[166] Louise Gosselin v. Le Procureur Général Du Québec (S.C.C.) (Court File No. 27418)
[167] See: National Child Benefit Progress
Report: 2000, available on: <http://socialunion.gc.ca> and Ken Battle
and Michael Mendelson, The National Child Benefit: Another Hiccup or
Fundamental Structural Reform? Presentation at the Conference on the State
of Living Standards and the Quality of Life in Canada, (Ottawa, 30-31 October
1998) available on: <www.caledoninst.org>.
[168] From July 2002 – June 2002 families
with net incomes between $32,000 and $76,000 in 2000 qualify for a portion of
the basic benefit. From July 2002 – June
2003 families with net incomes of up to $32,960 will qualify for the maximum
basic benefit and families with net incomes between $32,960 - $79,000 in 2001
will qualify for a portion of the basic benefit. See:
<www.nationalchildbenefit.ca/ncb/govtofcan2.shtml>.
[169] Between July 2001 and June 2002, the
basic benefit is $1,195/year or $99.58/mos for the 3rd child and each additional
child thereafter.
[170] The federal government has announced
increases to these rates for the July 2002 – June 2003 year. The maximum basic benefit will increase to
$1,151/year or $95.91/mos for first and second children. For third and additional children the rate
increases to $1,231/year or 102.58/mos.
The additional supplement for children under 7 for whom no child care
expenses were claimed will increase to $228/year or $19/mos. See:
<www.nationalchildbenefit.ca/ncb/govtofcan2.shtml>.
[171] For the year July 2001 – June 2002,
the Supplement is reduced by a percentage of family net income that is more
than $21,744. In July 2002 – June 2003
the Supplement will be reduced by a percentage of family net income that is more
than $22,397. Supplement rates will
increase as follows: $1,293/year or $107.75/mos for the first child; $1097/year
or $91.41/mos for the second child and $1,009/year or $84.08/mos for the 3rd and each additional child.
See: <www.nationalchildbenefit.ca/ncb/govtofcan2.shtml>.
[172] These figures are based on the
benefits allocated for families with one child.
[173] The National Child Benefit
Progress Report: 2000, supra note 167 at 3.
[174] Quebec is not taking part of the NCB
initiative, however, it agrees with the principles of the initiative and has
adopted a similar program.
[175] At that time Manitoba was clawing
back the Supplement from social assistance recipients.
[176] National Council of Welfare, Child
Benefits: Kids Are Still Hungry, at 9 (1998).
[177] National Council of Welfare,
Profiles of Welfare: Myths and Realities (1998), Chapter II, available on:
<www.ncwcnbes.net/htmdocument/reportprowelfare/repprowelfare.htm>
[178] Federal/Provincial/Territorial
Ministers Responsible for Social Services, NCB Governance and Accountability
Framework. [hereafter Accountability Framework] available on:
<http://socialunion.gc.ca/ncb/geston3_e.html22 >.
[179] National Child Benefit Progress
Report: 2000 (March, 2001) at 17, available on:
<http://socialunion.gc.ca>
[180] 18.41 for each child under the age of 7, when child care expenses have not been claimed for income tax purposes.
[181] Unless it is “locked-in”.
[182] See Ontario Works Act, s. 38(1)(d). The Act stipulates that a single parent with one dependent child is only eligible for social assistance if their asset level does not exceed 1,497 for the parent and the first child, plus $500 for each additional child. See: September 2001 Ontario Works Policy Directives, Assets Directive 15.0, available on: < www.gov.on.ca/CSS/page/brochure/policy/policy.html>
[183] For more information on this campaign See: <www.ontariondp.on.ca/issues/poverty/clawback.html>
[184] See for example, the survey
conducted by Metro Tenants’ Legal Services in Lenny Abramovicz, The Landlord
and Tenant Relationship in Ontario (Toronto: 1994), on file at CERA. CERA is currently designing further research
into causes of tenants falling into arrears.
[185] Shelagh Day, Feminist Alliance for
International Action, Toward Women’s Equality: Canada’s Failed Commitment
(September 2000), available on: <www.fafia.org>
[186] Manitoba Public Interest Advocacy,
Factum for Lesiuk.
[187] Shelagh Day, supra note 185.
[188] Statistics Canada, Women in Canada
2000: A Gender-based Statistical Report (Catalogue No. 89-503-XPE) at 125
[189] Shelagh Day, supra note 185.
[190] Human Resources Development Canada, The
Impact of Employment Insurance on New-entrants and Re-entrants Workers, available
on: <www.11.hrdc-drhc.gc.ca/edd/>
[191] Human Resources Development Canada, What
is the Family Supplement, available on: www.hrdc-drhc.gc.ca/ae-ei/pubs/. See also: Shelley Phipps, Martha MacDonald
and Fiona MacPhail, The Impact of the Family Supplement, available on:
<www11.hrdc-drhc.gc.ca/edd/>
[192] Email correspondence with K.Scott,
October 2001.
[193] Shelley Phipps, Martha MacDonald and
Fiona MacPhail, The Impact of the Family Supplement, supra note 191, available on: <www11.hrdc-drhc.gc.ca/edd/>
[194] As opposed to maternity benefits or
sickness benefits, for example.
[195] Canada Employment Insurance
Commission, Employment Insurance 2000 Monitoring and Assessment Report, Table
2.4, (December 2000).
[196] Ibid.
[197] Concluding Observations on Canada of
the Committee on Economic, Social and Cultural Rights, E/C.12/1/Add.31 (10
December 1998) and Concluding Observations on Canada of the Human Rights
Committee, CCPR/C/79/Add.105 (7 April 1999).
[198] For more information on this campaign See: <www.ontariondp.on.ca/issues/poverty/clawback.html>