Realising the Right to Housing: Respecting the Municipal Role through the Principle of Subsidiarity

Event Description

Canada is experiencing a dire housing crisis, decades in the making, which disproportionately impacts middle- and lower-income people. Without adequate affordable housing, the most vulnerable people end up precariously housed, moving between public and private spaces without security of tenure. A significant challenge in addressing this ‘wicked problem’ is that multiple jurisdictions – federal, provincial, municipal – must come together to create sufficient housing stock and ensure affordability. In Canada, the federal government has historically provided funding for housing infrastructure; provinces have introduced legislative measures like residential tenancy protections; and municipalities regulate land-use and provide temporary shelter spaces. In reality, however, measures may be overlapping and should involve coordination amongst all three governments, resulting in a lack of clear accountability. This presentation explores an unintended casualty in this fractured model: the undermining of municipal attempts to address gaps in housing regulation. I outline the issue with a focus on the City of Vancouver, arguing in favour of an expanded application of the principle of subsidiarity by the courts.

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Speaker

Alexandra Flynn’s teaching and research focus on municipal law and governance, administrative law, and property law. She has published numerous peer-reviewed papers, public reports, media articles, and a book on how cities are legally understood in law and how they govern, including the overlapping geographies and governance of city spaces, and the formal and informal bodies that represent residents. She is the Director of the Housing Research Collaborative, which comprises CMHC and SSHRC-funded projects focused on Canada’s housing crisis: the Housing Assessment Resource Tools project, which helps communities to measure and address their housing need; and the Balanced Supply of Housing Node, which brings together academic and non-profit community organizations to research responsive land use practices and the financialization of housing. She is also working on several projects related to precariously housed people in Canadian cities, including the governance of personal property of precariously housed people, and human rights and tent encampments.