Legal Champions Making Change in a Complex, Dynamic, and Increasingly Unequal World

ACLCO AGM - May 11, 2012Michael Shapcott; Director, Housing and Innovation; The Wellesley Institute

Legal champions making change in

complex, dynamic, increasingly

unequal world!

Two things we know:

We live in a complex, dynamic world1

Not just one thing or

another... but everything!

Housing

Health

Income

Medicine

Transit

Childcare

Inclusion

FoodCulture

Education

JobsEnvironment

RecreationClothing

Two things we know:

We live in a complex, dynamic world1

We live in an increasingly

unequal world2

Inequality

“After 20 years of continuous decline, both inequality and poverty rates have increased rapidly in the past 10 years, now reaching levels above the OECD average.”

“In the last 10 years, the rich have been getting richer leaving both middle and

poorer income classes behind. The rich in Canada are particularly rich compared to their

counterparts in other countries.”

OECD (2008), Growing Unequal? : Income Distribution and Poverty in OECD Countries

Selected policy recommendations for OECD countries from Divided We Stand •Reforming tax and benefit policies is

the most direct instrument for increasing redistributive effects. Large and persistent losses in low-income groups following recessions underline the importance of government transfers and well-conceived income-support policies. •The growing share of income going to

top earners means that this group now has a greater capacity to pay taxes. In this context governments may re-examine the redistributive role of taxation to ensure that wealthier individuals contribute their fair share of the tax burden.

Inequality and private

housing markets

increasing out or reach95% of Canadians live in homes in private ownership / rental markets

Inequality and private

housing markets

increasing out or reach

Entry level condominium:$54,900 household income

RBC Economics, August 2011

Typical two-bedroom apt:$40,080 household income

CMHC

50% of renter h/hs have annual income <$34,40050% of owner h/hs have annual income <$67,000

CMHC

Most housing

needs invisible

Bad housing makes you sick!Homelessness:

Increased morbidityIncreased premature morality

Mental health:Alarming rates... especially

Clinical depression and anxietyControl / meaning Collective efficacy

Homelessness:Increased morbidity

Increased premature morality

Homelessness:Increased morbidity

Increased premature morality

Biological / physical:Chemicals, gases, pollutantsDesign (accidents) / crowdingSocio-economic:

Affordability / energy Transportation / income / jobs

Contextual:Individual / neighbourhood deprivation

networks / friends / crime

Good housing good for health!Physical and mental health:

Better health outcomes / decreased health care utilization

Community safety:Reduced recidivism among people leaving incarceration

Affordability interventions:Income-based housing subsidies

Environment / physical infrastructure: New housing, repairs, heating, noise,

indoor + outdoor environmental issues,allergens, water + sanitation

New tools required to better understand complex and dynamic social systems

What can legal clinics do to tackle complex housing / social issues???

Identify and take action on root causes...1

60000#

65000#

70000#

75000#

80000#

85000#20

04

2005

2006

2007

2008

2009

2010

2011

63791

82138

TO affordable housing wait list

December 2011: 82,138 households on wait list; 280 housed - 24 year wait

Up 23% since 2008

Who are homeless-makers in your community?

‘Social spending in Canada relies more on public services (education, health, etc.)

than on cash transfers, such as unemployment and family benefits.’

OECD, 2011

Make the connections...

0.50%

0.60%

0.70%

0.80%

0.90%

1.00%

1.10%

1.20%

1989

19

90

1991

19

92

1993

19

94

1995

19

96

1997

19

98

1999

20

00

2001

20

02

2003

20

04

2005

20

06

2007

20

08

2009

Ongoing erosion of federal housing investments(Federal housing investments as a percentage of GDP)

Follow the money...

2011 federal spending estimates

Last year This year Change

Assisted housing

$1.722b $1.628b 5% cut

On-reserve $215m $156m 27% cut

Repair $674m $37m 94% cut

AHI $452m $16m 97% cut

Overall $3.131b $1.907b 39% cut

‘Scheduled termination’

Looking ahead - more federal cuts

Identify / create smart solutions...Be relentless...

Leverage opportunities...

What can legal clinics do to tackle complex housing / social issues???

Vigorously use rights-based

approach2

A proud Canadian tradition

John Peters Humphreys

International Covenant on Economic, Social and Cultural Rights: Article 11

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.

31st October 1945.  MACKAY J.:—This is an application brought by Drummond Wren... to have declared invalid a restrictive covenant... namely, ‘Land not to be sold to Jews or persons of objectionable nationality.’... First and of profound significance is the recent San Francisco Charter, to which Canada was a signatory, and which the Dominion Parliament has now ratified. Under articles 1 and 55 of this Charter, Canada is pledged to promote ‘universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.’...   An order will therefore go declaring that the restrictive covenant attacked by the applicant is void and of no effect.

Miloon Kothari, former UN Rapporteur on Right to Adequate Housing

‘Housing is a human

right’

UN Special Rapporteur, 2009 “Canada has a long and proud history of housing successes, and has been known around the world for its innovative housing solutions. The Special Rapporteur visited and received information about programmes, laws and policies that represent good practices... Canada can also rely on a tremendous range of academic and civil society resources.” !

“There has been a significant erosion of housing rights over the past two decades. Canada’s successful social housing programme, which created more than half a

million homes starting in 1973, has been discontinued.

‘Naming and shaming’ at UN HRC

Thank you!

www.wellesleyinstitute.com