The access to justice needs of 2SLGBTQ+ communities are significant and the services available to meet those needs vary across the province. This article explores those needs and the ways in which two community leaders and their organizations are working to meet them.
Transforming Justice, a report on the legal needs of trans people in Ontario, found that 71% of survey respondents “experienced at least one justiciable legal problem within a three-year timeframe compared to 48.4% of the adult population in Canada.”[i]
Housing
Legal Aid Ontario funds a network of legal clinics that together serve people across the province. Most clinics serve a dedicated geographic area, while some specialize in providing services to populations with unique legal needs. The Niagara Community Legal Clinic (NCLC) serves poverty-affected people in Niagara Falls, Niagara-on-the-Lake, Fort Erie, St. Catharines, Thorold, Welland, Port Colborne, Pelham, Lincoln, West Lincoln, Grimsby, and Wainfleet. The clinic provides a range of services, including legal advice and representation, to support poverty-affected individuals, families, and the community within its region.
The need for accessible and affordable housing permeates every aspect of the clinic’s work and is one of the most significant challenges facing the region. Aidan Johnson, executive director of NCLC, explains: “It has become painfully clear to me that trans and queer tenants are vulnerable to transphobic and homophobic landlords.” Johnson advocates for more subsidized housing, more funding for tenant legal supports, and a better-funded approach to psychiatric healthcare, including preventative mental healthcare - all of which prevent homelessness.
The clinic system’s ability to support individual clients while also advocating for systemic change is a strength. “The clinic system has been advocating for housing solutions in an energetic way, and the need for our advocacy is urgent,” says Johnson.
Housing shortages and rising costs in urban areas, coupled with discrimination, create challenges for urban dwellers as well. A recent City of Toronto report found that Indigenous groups, racialized individuals (particularly those who identify as Black), people with foster care experience, and people who identify as 2SLGBTQ+ are overrepresented among people experiencing homelessness in Toronto.[ii] It found that “approximately 12% of people experiencing homelessness in Toronto identify as 2SLGBTQ+ and 3% identify as trans, non-binary, and/or Two-Spirit.”[iii]
Housing discrimination, especially when it contributes to homelessness, has cascading consequences for 2SLGBTQ+communities, families, and individuals, particularly those who also experience racism. Transforming Justice found that 22% of survey respondents experienced justiciable housing problems as compared to just 3% of the adult Canadian population. The Canadian Mortgage and Housing Corporation reports that, “[b]y some estimates, 2SLGBTQIA+ youth make up between 25% and 40% of homeless youth in Canada”.[iv] Seniors experiencing discrimination in their search for long-term seniors housing may “go back into the closet” to avoid discrimination at the hands of service providers.[v]