cover image: Federal Obligations and Encampments: Security of Tenure in Canada


Federal Obligations and Encampments: Security of Tenure in Canada

30 Mar 2023

This is particularly true in the context of the order for reconsideration, which could have been informed by the concept of meaningful engagement and the robust participation called for under the NHSA and by the role of the Advocate.52 Both cases demonstrate, albeit in different ways, the importance of ensuring the federal government does not conduct itself as if its commercial and land transactio. [...] They are held for the “use and benefit” of the band collectively, and the First Nation has a collective and inalienable interest in the land.61 The Indian Act provides for band councils to be empowered to “borrow money for band projects of housing purposes” and “making of loans out of moneys so borrowed to members of the band for housing purposes” and to take action related to overcrowding and san. [...] Drawing on case law about the overrepresentation of Indigenous people in the criminal justice system, he takes judicial notice of the context of colonialism, discrimination, racism, and the “impacts of trauma from residential schools on the Indigenous homeless population of the City and occupants of the encampments.”133 In that case, the court denied the City’s application to remove the encampment. [...] Such governments have the right to be involved in the development of policy and responses to encampments and homelessness and may increasingly be housing providers and developers themselves.144 While the duty to consult and accommodate Indigenous peoples is sometimes invoked in the context of encampment evictions, its application is complex because of the collective and territorial nature of the d. [...] The Advocate should initiate research to clarify the specific constitutional, treaty, and nation-to-nation obligations of the federal government to address Indigenous housing need and homelessness in light of the intersection of the NHSA and the UNDRIP, in accordance with Indigenous laws and protocols.


Estair Van Wagner

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