Developing a Human Rights Policy Framework for Municipal Encampment Responses
Rethinking Municipal Policy Responses to Encampments: Building a Human Rights Approach in Ontario
To assess neo-vagrancy bylaws and protocols, we developed a human rights policy framework. This framework draws on key documents that outline what a human rights-based approach to encampments might look like in the Canadian context. These documents were:
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Importantly, these documents describe how government agencies themselves understand a just and appropriate response to people experiencing homelessness in encampments. Rooting our analysis in governmental human rights language enables us to consider how the government is following through, or not following through, on its own human rights commitments.
The key documents noted above outline Canada’s domestic and international human rights commitments. |
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However, none of them examine in detail how human rights principles can be used to evaluate municipal policy responses to encampments. Using these documents, the project research team extracted a series of key themes for assessing how municipalities approach encampments from a human rights perspective. The project’s Advisory Committee then reviewed and refined these themes by adding research questions under each one. Together, we explored what applying a human rights lens would mean for people living in encampments, and how each pillar could be put into practice at the municipal level. We briefly describe these themes, or pillars below.
Pillar 1: Decentre Policing and Enforcement
The importance of decentring policing and law enforcement from encampment responses is reflected in all the key documents noted above and explicitly discussed in the National Protocol, which states, “Governments must refrain from adopting anti-camping laws, move-along laws, laws prohibiting tents being erected overnight, laws prohibiting personal belongings on the street, and other laws that penalise and punish people experiencing homelessness and residing in encampments.” (16)
When municipalities centre policing and bylaw enforcement in encampment responses, they often do so to the detriment of service provision. An enforcement-centered response treats homelessness as a criminal issue, rather than the result of inadequate social services, income support, healthcare, and housing affordability. Enforcement-led responses can contribute to a climate of fear and uncertainty for unhoused people, and reluctance to engage with outreach services, which may become associated with policing or enforcement activities. (17) Policing and bylaw enforcement engages in civil criminalization of homelessness through by-law infractions and fines, persistent policing and surveillance, invisible persecution and punishments that push people who are homeless into worsening physical, emotional, psychological traumas and personal circumstances and furthering their cycle of poverty and homelessness. (18)
To assess the extent to which municipal bylaws and protocols decentre policing and law enforcement, we asked the following exploratory questions:
The importance of decentring policing and law enforcement from encampment responses is reflected in all the key documents noted above and explicitly discussed in the National Protocol, which states, “Governments must refrain from adopting anti-camping laws, move-along laws, laws prohibiting tents being erected overnight, laws prohibiting personal belongings on the street, and other laws that penalise and punish people experiencing homelessness and residing in encampments.” (16)
When municipalities centre policing and bylaw enforcement in encampment responses, they often do so to the detriment of service provision. An enforcement-centered response treats homelessness as a criminal issue, rather than the result of inadequate social services, income support, healthcare, and housing affordability. Enforcement-led responses can contribute to a climate of fear and uncertainty for unhoused people, and reluctance to engage with outreach services, which may become associated with policing or enforcement activities. (17) Policing and bylaw enforcement engages in civil criminalization of homelessness through by-law infractions and fines, persistent policing and surveillance, invisible persecution and punishments that push people who are homeless into worsening physical, emotional, psychological traumas and personal circumstances and furthering their cycle of poverty and homelessness. (18)
To assess the extent to which municipal bylaws and protocols decentre policing and law enforcement, we asked the following exploratory questions:
- Are encampments on public property made illegal through bylaws or other policy tools?
- Do bylaws or protocols provide guidance to minimize the involvement of police officers and/or bylaw officers?
- Are non-enforcement approaches to the safety and wellbeing of encampment residents centred in the municipal response?
"We cannot continue to claim we are pursuing a
human rights-based approach if, at critical moments like these,
we refuse to take responsibility for meaningful change and
fail to act in accordance with the very principles
we proclaim ourselves wishing to uphold."
Pillar 2: Addressing Conditions in Encampments and Basic Needs
A second pillar in the human rights literature is addressing conditions in encampments. Key human rights documents noted that all levels of government, including municipalities, have an obligation to address harmful conditions in encampments and work to meet the basic needs of people experiencing homelessness. In the Overview of Encampments Across Canada, the Office of the Federal Housing Advocate includes the following as basic needs:
A second pillar in the human rights literature is addressing conditions in encampments. Key human rights documents noted that all levels of government, including municipalities, have an obligation to address harmful conditions in encampments and work to meet the basic needs of people experiencing homelessness. In the Overview of Encampments Across Canada, the Office of the Federal Housing Advocate includes the following as basic needs:
To evaluate how municipal bylaws and protocols address conditions in encampments and respond to basic needs, we analyzed these documents using three guiding questions:
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Approach taken to collect water as innovated by an encampment resident - 2020
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Pillar 3: Equitable and Accessible Social Services
A third pillar in the literature on human rights-based approaches to encampments is the equitable and accessible provision of social services. For example, the National Protocol states, “Residents of homeless encampments should be ensured access to health, mental health, addiction, and broader social services in a manner equitable to other community residents and consistent with human rights.” (20) People living in encampments should be able to use services such as health care, mental health support, addiction services, and other social supports without discrimination based on their housing status. (21) A human rights approach also includes the right to refuse services, as well as the right to refuse to provide personal data in order to access services. These protections are important because making services mandatory and/or requiring data collection can discourage people from seeking the help they need. (22)
A third pillar in the literature on human rights-based approaches to encampments is the equitable and accessible provision of social services. For example, the National Protocol states, “Residents of homeless encampments should be ensured access to health, mental health, addiction, and broader social services in a manner equitable to other community residents and consistent with human rights.” (20) People living in encampments should be able to use services such as health care, mental health support, addiction services, and other social supports without discrimination based on their housing status. (21) A human rights approach also includes the right to refuse services, as well as the right to refuse to provide personal data in order to access services. These protections are important because making services mandatory and/or requiring data collection can discourage people from seeking the help they need. (22)
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To evaluate whether social services are provided equitably and accessibly to people living in encampments, we considered the following questions:
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Empty encampment site following removal of residents
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Pillar 4: Meaningful Participation
All the human rights documents reviewed emphasize the importance of the meaningful participation of encampment residents in decisions that affect them. The National Protocol states, ”ensuring meaningful participation is central to respecting residents’ autonomy, dignity, agency, and self-determination.” (23) The Overview of Encampments further suggests that in addition to working with encampment residents on an individual basis, policy makers should recognize informal and peer leadership networks in camps. (24) Encampment residents have important knowledge about their own circumstances and needs.
All the human rights documents reviewed emphasize the importance of the meaningful participation of encampment residents in decisions that affect them. The National Protocol states, ”ensuring meaningful participation is central to respecting residents’ autonomy, dignity, agency, and self-determination.” (23) The Overview of Encampments further suggests that in addition to working with encampment residents on an individual basis, policy makers should recognize informal and peer leadership networks in camps. (24) Encampment residents have important knowledge about their own circumstances and needs.
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To assess the extent to which municipal policy documents included the meaningful participation of encampment residents, we used three guiding questions:
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Pillar 5: Recognition of Indigenous Rights
Finally, a fifth pillar of a human rights-based response is the importance of recognizing Indigenous rights through encampment responses. While municipalities may see Indigenous rights as primarily an issue for federal or provincial governments, rights obligations operate at all levels of government in Canada. However, municipalities also have a role to play in recognizing and respecting Indigenous rights. Moreover, the presence of “Indigenous Relations” and/or “Indigenous Affairs” offices among many municipalities, as well as the widespread use of land acknowledgements by municipalities demonstrates their understanding of this fact. (25)
The National Protocol states encampment responses should recognize Indigenous rights, including self-determination and self-governance. (26) The Overview of Encampments discusses the importance of co-developing encampment responses with Indigenous Peoples yet states that, “governments rarely provide legal information concerning human rights and the distinct rights of Indigenous peoples, creating barriers to informed consultation and meaningful engagement with encampment residents” (27). All three human rights documents reviewed discuss the importance of integrating encampment protocols with key Indigenous rights documents, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the Truth and Reconciliation Commission Calls to Action, and Canada’s constitutional obligations to Indigenous Peoples.
We explored the pillar of Indigenous rights through two guiding questions:
Finally, a fifth pillar of a human rights-based response is the importance of recognizing Indigenous rights through encampment responses. While municipalities may see Indigenous rights as primarily an issue for federal or provincial governments, rights obligations operate at all levels of government in Canada. However, municipalities also have a role to play in recognizing and respecting Indigenous rights. Moreover, the presence of “Indigenous Relations” and/or “Indigenous Affairs” offices among many municipalities, as well as the widespread use of land acknowledgements by municipalities demonstrates their understanding of this fact. (25)
The National Protocol states encampment responses should recognize Indigenous rights, including self-determination and self-governance. (26) The Overview of Encampments discusses the importance of co-developing encampment responses with Indigenous Peoples yet states that, “governments rarely provide legal information concerning human rights and the distinct rights of Indigenous peoples, creating barriers to informed consultation and meaningful engagement with encampment residents” (27). All three human rights documents reviewed discuss the importance of integrating encampment protocols with key Indigenous rights documents, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the Truth and Reconciliation Commission Calls to Action, and Canada’s constitutional obligations to Indigenous Peoples.
We explored the pillar of Indigenous rights through two guiding questions:
- Is there acknowledgement of Indigenous Rights in the protocol?
- Is there recognition of the need to consult with Indigenous people and/or Indigenous service providers in the protocol?