Systemic Barriers for First Nations People: Security of Tenure in Canada

First Nations people’s experiences with housing vary based on a number of factors, from geographic and jurisdictional location within Canada to the severity of impact of colonialism on an individual’s home community. However, the existence of many common systemic barriers continues to limit the options First Nations people have to access safe, affordable housing, whether on or off First Nation reserves. In addition to explicitly identifying some of the key systemic barriers to security of tenure faced by First Nations people, this report attempts to offer a concise rendering of the history of the Crown’s relationship with First Nations in order to provide context for the problems and barriers which continue to the present.

The shortage of adequate, safe, and healthy housing on reserves did not arise in a vacuum. Over the last 150 years or more, federal authority, law, and policy-making not only contributed to but in some instances intentionally created the current challenges regarding housing and tenancy. The mixed bag of jurisdictional divisions between federal, provincial, and First Nations governments creates a complex legal milieu which First Nations people must navigate in search of housing for themselves and their families. Indigenous women experience additional challenges that have the potential to put them in dangerous and vulnerable positions with respect to security of tenure. Fortunately, the political will to bring Canada’s legislation in line with the United Nations Declaration on the Rights of Indigenous People offers hope and guidance toward addressing the housing situation for Indigenous people on and off reserve. As a means of fulfilling Canada’s commitment to its obligations under the International Covenant on Economic, Social and Cultural Rights, the National Housing Strategy brings another layer of support and provides the Office of the Federal Housing Advocate with tools to effect long-awaited meaningful change.

Publication Date: 
2023