Yanna shows up at the offices of the Shield of Athena, her dark circles betraying the lack of sleep of the last nights. Her two-year-old son plays around their only suitcase. He is far from suspecting the courage that Yanna had, a few weeks ago already: that of leaving a violent man who sponsored her, when she does not yet master the language of this new host country. and finds itself without financial support or a safety net.
She was first taken in at the Maison d’Athéna, an emergency accommodation resource. But now she has to think about what’s next. This is when the nightmare of homelessness presents itself. Questions swirl around in his head. How to provide for the needs of his family? And above all, how do you find a permanent and safe home?
Unfortunately, even today in Quebec, the legal framework surrounding the rights of women who are victims of domestic violence and the right to housing present significant barriers to the re-establishment of a safe life. Yanna’s case is just one example, but it represents the reality of thousands of women.
For redesigned laws
Today, on this International Day for the Elimination of Violence against Women, by publishing 12 recommendations, we want to see the government take concrete actions, in particular to gradually realize the right to adequate housing or ” sufficient”, the term used in international law.
This right is part of international law and, since 2019, Canadian federal law. However, it is still not found in the Quebec Charter of Human Rights and Freedoms. As the housing crisis continues, well-thought-out laws could play a major role in preventing violence against women.
Better protect victims
The figures show it: the need is real and urgent. For example, for the thousands of women and children who need it, there are only a few hundred places in second-stage resources. We must improve Quebec’s legal framework to support victims of domestic violence and counter the residential insecurity that frequently results from it.
We believe that the solution requires two legal innovations. The first recommendation deals with the adoption of a complete and specific law in civil matters on family and conjugal violence. This law would include protective measures, services and supports adapted to situations of domestic violence, in addition to the applicable criminal sanctions. The courts could then order a broader and more flexible range of protective measures and sanctions, such as restraining orders and exclusive occupation of the family home, as is already the case in several other provinces.
In the context of the recent creation of a specialized court, we are also raising the possibility of an integrated court so that families can have their civil and criminal case handled by a single judge, in a single location, the as quickly as possible.
The second recommendation unequivocally recognizes the right to adequate housing through strong government accountability mechanisms. Phased implementation would ensure that reasonable steps are taken over time, to the maximum of available resources, and would make the government legally responsible for reporting on targets and achieving them.
But we are realistic, even with the support of the government in place, these reforms will not happen overnight.
Obtaining social housing is a challenge for everyone. The difficulty is even greater for women victims of domestic violence and becomes practically insurmountable for people who have a precarious status and who speak neither French nor English. For someone like Yanna, it can take years to access subsidized housing, even after staying in an emergency home.
More second-stage housing
In an ideal world, Yanna would get what is called “second stage housing”, where her safety and that of her son would be guaranteed, but the waiting lists are full and the process is cumbersome. Without subsidized housing, she does not see how she can manage financially. In the absence of resources, she finds herself faced with a no-choice: return to an abusive marital relationship or end up on the street. It is to avoid this impasse that we recommend that substantial investments be made in the development of second-stage housing.
During our research, we also discovered legislative gaps related to social assistance, the operation of family law and access to low-cost housing, which affect victims of domestic violence. Simple and quick fixes would better protect victims.
What are we waiting for to implement these changes and create a “made in Quebec” legal framework in terms of housing and domestic violence? We already have the key, just open the door.