order.262 In Quebec, the person must be a Canadian citizen or permanent resident and have lived in the province of Quebec for 12 out of the past 24 months.263 b. Housing and Anti-Discrimination Law There is no right to housing in Canada.264 However, human rights legislation in Alberta, British Columbia, Ontario and Quebec all provide some legislative protection against discrimination with respect to the renting or purchasing of accommodation between private parties. In Alberta, the Human Rights Act prohibits denial or discrimination in accommodation, facilities and the right to occupy as a tenant a self-contained dwelling unit on the basis of place of origin.265 In British Columbia, the Human Rights Code prohibits denial or discrimination in accommodation, facilities, the purchase of property, and the right to occupy as a tenant on the basis of place of origin.266 In Ontario, the Human Rights Code includes the right to equal treatment with respect to the occupancy of accommodation, without discrimination because of place of origin or citizenship.267 In Quebec, the Charter of Human Rights and Freedoms prohibits discrimination on the basis of ethnic or national origin by refusing to make a juridical act concerning goods or services ordinarily offered to the public.268 The latter includes housing.269 III. Assessment Based on a review of social housing legislation in Alberta, British Columbia, Ontario and Quebec, most foreign nationals appear to be ineligible for social housing even if they are “lawfully staying”. This includes stateless persons, unless he or she is a stateless permanent resident. While this does not grant stateless persons “lawfully staying” treatment as favourable as possible, it appears to treat them no less favourably than foreign nationals generally in the same circumstances. In this respect, the Canadian legal framework is largely compatible with Article General, O Reg 367/11, at s. 24-25; http://canlii.ca/t/52c25. By-law respecting the allocation of dwellings in low rental housing, CQLR c S-8, r 1, at s. 14, available at: http://canlii.ca/t/52b2n. 264 This is currently the subject of litigation. See, Tanudjaja v. Canada (Attorney General), 2014 ONCA 852, available at: http://canlii.ca/t/gffz5. The appellants argue that actions and inaction on the part of Canada and Ontario have resulted in homelessness and inadequate housing, which violates their rights under sections 7 and 15 the Charter. The application was dismissed at the Superior Court of Ontario and the Ontario Court of Appeal denied the appeal. The appellants have sought leave to appeal before the Supreme Court of Canada. The leave application is pending as of 27 April 2015. 265 Alberta Human Rights Act, supra note 54 at ss. 4-5. 266 BC Human Rights Code, supra note 55 at ss. 8-10. 267 Ontario Human Rights Code, supra note 56 at ss. 1-2(1). With respect to citizenship in the Ontario Human Rights Code, section 16 provides that non-discrimination because of citizenship is not infringed where: Canadian citizenship is a requirement, qualification or consideration imposed or authorized by law; or is a requirement, qualification or consideration adopted for the purpose of fostering and developing participation in cultural, educational, trade union or athletic activities by Canadian citizens or persons lawfully admitted to Canada for permanent residence; or is a requirement, qualification or consideration adopted by an organization or enterprise for the holder of chief or senior executive positions. 268 Quebec Charter of Human Rights and Freedoms, supra note 57 at s. 10 & 12. 269 For example, see Commission des droits de la personne et des droits de la jeunesse c. Beaulé, 2009 QCTDP 25, at para. 1, available at: http://canlii.ca/t/27c2x. 262 263 56