Across Canada, housing costs have soared, and Canadians are paying close attention to whether Prime Minister Mark Carney and other leaders are making progress on their plans to tackle the housing crisis. But can we realistically expect any meaningful improvement?
Dr. Alexandra Flynn, a professor at the Peter A. Allard School of Law and director of UBC’s Housing Research Collaborative, believes change is possible. Here, she explains some of the biggest factors driving Canada’s housing crisis and what needs to change.
What are some of the biggest issues contributing to Canada’s housing crisis?
This crisis did not emerge overnight – it’s the product of decades of policy decisions. One of the most significant contributors is the financialization of housing, where real estate is increasingly treated as an investment vehicle, rather than a place to live.
The Canadian government has also significantly reduced its investment in non-market housing over the past four decades. This withdrawal of federal funding for social housing has resulted in a persistent shortage of affordable housing options for people with low incomes.
There are other contributors to the housing crisis as well. In many municipalities, zoning codes reflect outdated planning ideals, favouring single-family homes and restricting multi-unit developments. Reforming local land use policy is essential to addressing the housing crisis, but change can be politically fraught and legally complicated. The erosion of tenant protections, such as loopholes in rent control and eviction-friendly legal regimes, also means that many tenants live in precarious situations.
Immigration and interprovincial migration have also placed pressure on housing markets in major cities. While immigration is essential to Canada’s social and economic fabric, housing policy has not kept pace with population growth.
To know the effects of the housing crisis, we need good data. The Housing Research Collaborative’s projects – the Housing Assessment Resource Tools and the Balanced Supply of Housing – are providing data on housing need across the country, evictions, and alternative housing tenure models.
Municipal and federal politicians have argued they’ve been unable to make progress on housing because it's a provincial or territorial responsibility. How true is this?
The federal government has often argued that provinces and territories have primary constitutional responsibility for housing and land use regulation, but the Constitution is silent on which government has responsibility for housing.
In fact, Ottawa has the ability to shape housing policy across the country. The federal government has significant powers related to peace, order and good government, taxation, spending and Indigenous issues, which can all be mobilized to influence housing outcomes. Historically, the federal government played a major role in building and funding social housing, especially after the Second World War. The retreat from that role over the past decades has had devastating effects.
Municipalities are often described as “creatures of the provinces,” but they wield considerable influence through zoning, permitting and development incentives. Municipal councils control the pace and shape of new construction. They can encourage affordable and inclusive housing – or obstruct it. While they may be constrained by provincial law, they’re not without agency.
In practice, the housing crisis reflects a failure of political will and coordination. Too often, governments point fingers at one another to avoid accountability. What’s needed is a shared framework for action, with clearly defined roles and responsibilities.
Can we legislate our way out of the housing crisis?
Law plays a central role in addressing the housing crisis. In my view, legislation must begin with a clear recognition that housing is a human right. Canada took an important step with the National Housing Strategy Act, which committed the government to the progressive realization of the right to housing. However, it isn’t yet evident how the Act can compel governments to act. For legislation to be effective, it must include clear accountability.
Laws that regulate the private rental market – such as rent control, eviction protections and maintenance standards – are crucial. But many of our laws are outdated, underenforced or skewed toward landlords’ interests. Stronger tenant protections, properly enforced, can help prevent homelessness and displacement.
Land use and planning laws are another critical area for reform. Exclusionary zoning continues to limit housing supply and entrench inequality. Legal changes that allow for gentle density, like duplexes and triplexes, and encourage mixed-income developments can make a difference.
However, no law mandating affordable housing will succeed if governments do not invest in housing. This includes support for cooperative housing, community land trusts and Indigenous-led housing initiatives. These models are more resilient to market volatility and more responsive to community needs.
How can Allard Law students who are concerned about the housing crisis engage with this issue, during or after law school?
There are a few options. Law students can take courses specifically on housing law or social justice. Even in more general classes – such as property law – students can critically engage with how the law impacts housing access and inequality. I also recommend choosing paper topics or directed research projects that focus on housing and approaching professors working in these areas for research opportunities.
Students can also pursue internships with organizations that work on housing rights, such as legal advocacy clinics, public interest law firms or human rights NGOs. These placements provide exposure to policy development, strategic litigation and community lawyering. Some of Allard Law's legal clinics offer exposure to these issues – and they also provide an opportunity to deepen advocacy skills.
After law school, there are many paths into housing work. Some of our graduates have gone on to become litigators working in housing law, either at firms, legal aid clinics or nonprofit organizations. Others focus on policy and research roles in government, think tanks or academic institutions. Clerkships with courts that hear housing-related cases – such as provincial tribunals or superior courts – can provide insight into how housing disputes are adjudicated.
Housing advocacy also intersects with Indigenous rights, disability rights, environmental justice and more – so there are many opportunities for law grads who are interested in making a difference.
