The Accessible Canada Act Comes into Force Today – Download and Read the Legislation in English or French – AODA Alliance


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

The Accessible Canada Act Comes into Force Today – Download and Read the Legislation in English or French

July 11, 2019

          SUMMARY

Today, the Federal Government proclaimed the Accessible Canada Act in force. It was recently passed by the House of Commons and Senate and was given Royal Assent. The law comes into force when the Federal Cabinet so orders. In a news release earlier today, set out below, the Cabinet proclaimed it in force.

The Federal Government’s news release makes commitments on what this law will do. we will be vigilant to hold the Federal Government to any and all of its commitments. For example, in its news release, the Federal Government promises:

“With this legislation in place, millions of Canadians with disabilities can rely on the Government of Canada to remove the barriers that hinder their full participation in society.”

Would you like to read the Accessible Canada Act in its final form? At last, we just recently received from Parliament electronic copies of the finalized wording of the law in English and French. You can get these in MS Word or pdf format by visiting https://www.aodaalliance.org/canada/download-the-final-text-of-the-accessible-canada-act-as-passed-by-canadas-parliament-previously-called-bill-c-81-in-english-or-french-and-in-an-accessible-ms-word-or-a-pdf-format/

We also invite you to read the AODA Alliance ‘s 7 preliminary reflections we recently made about the final enactment of the Accessible Canada Act.

Since it is now a law, we no longer call it Bill C-81. A bill is a proposed law, that has not yet become a law.

Watch for future AODA Alliance Updates where we will map out our next steps in our campaign to ensure that this new legislation is effectively implemented.

          MORE DETAILS

Text of the Federal Government’s July 11, 2019 News Release

Originally posted at https://www.canada.ca/en/employment-social-development/news/2019/07/canadas-first-federal-accessibility-legislation-comes-into-force.html

Employment and Social Development Canada

Canada’s first federal accessibility legislation comes into force

News release

July 11, 2019             Gatineau, Quebec              Employment and Social Development Canada

Accessibility in Canada is about creating communities, workplaces and services that enable everyone to participate fully in society without barriers. The Government of Canada believes that all Canadians deserve the same opportunities and chances at success and is pleased to announce the coming into force of the Accessible Canada Act. Reaching this milestone demonstrates the Government’s commitment to implement this transformational legislation in a timely manner, creating more opportunities for persons with disabilities and ensuring greater access for all Canadians.

The coming into force of the Accessible Canada Act establishes a framework to create a barrier-free Canada through the proactive identification, removal and prevention of accessibility barriers. It will also ensure that persons with disabilities are no longer required to fight barriers to accessibility on an individual basis. With this legislation in place, millions of Canadians with disabilities can rely on the Government of Canada to remove the barriers that hinder their full participation in society.

The Accessible Canada Act applies to the federally regulated private sector, which includes the banking, transportation and telecommunications sectors, as well as the Government of Canada, Crown corporations and Parliament. Under the Act, these organizations will be required to develop and publish accessibility plans that describe how they will identify, remove and prevent barriers to accessibility. They will also be required to establish a mechanism for receiving and addressing feedback on accessibility from anyone who interacts with their organization. Finally, they will have to develop regular progress reports on the implementation of their plan and addressing any feedback they receive.

The Accessible Canada Act also establishes new structures and positions, including:

  • the Canadian Accessibility Standards Development Organization (CASDO), led by a board of directors comprised of a majority of persons with disabilities that will develop accessibility standards in collaboration with the disability community and industry;
  • a Chief Accessibility Officer, who will advise the Minister of Accessibility and monitor systemic and emerging accessibility issues; and
  • an Accessibility Commissioner, who will spearhead compliance and enforcement activities under the legislation.

The next phase of implementation will include the development of standards and regulations that will provide clear guidance on accessibility requirements.

The new legislation is built on a whole-of-government approach to accessibility. Existing regulators and complaints bodies—such as the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board—are required to collaborate to put in place a mechanism for the efficient and expeditious referral of accessibility-related complaints and to foster complementary accessibility policies and practices.

The coming into force of the Accessible Canada Act also legislates National AccessAbility Week as beginning each year on the last Sunday in May, with the objective of promoting accessibility and celebrating the contributions of persons with disabilities across the country.

Quotes

“Today marks a major milestone in the history of disability rights. I am so proud that the Accessible Canada Act has now come into force and is a reality. This important achievement would not have been possible without the dedication and engagement of the disability community and I thank them for their hard work. With this legislation now in place, we can begin a journey that will lead us to a society that treats all people with the dignity they deserve. Now more than ever, we can say: Nothing without us!”

– The Honourable Carla Qualtrough, Minister of Public Services and Procurement and Accessibility

Quick facts

  • Approximately one in five Canadians, or about 6.2 million people aged 15 and over, report having a disability that limits them in their daily activities.
  • The Accessible Canada Act was developed following the most inclusive and accessible consultations with the disability community in our country’s history. More than 6,000 Canadians and 100 accessibility organizations shared their views and ideas about an accessible Canada.

Contacts

For media enquiries, please contact:

Marielle Hossack

Press Secretary

Office of the Honourable Carla Qualtrough

819-956-3239

[email protected]

Media Relations Office

Employment and Social Development Canada

819-994-5559

[email protected]



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Download the final text of the Accessible Canada Act, as passed by Canada’s Parliament, previously called Bill C-81, in English or French, and in an accessible MS Word or a pdf format



Click here to download the English version of the Accessible Canada Act in MS Word format. Click here to down load the English version of the Accessible Canada Act in pdf format. Click here to download the French version of the Accessible Canada Act in an accessible MS Word format. Click here to download the … Continue reading Download the final text of the Accessible Canada Act, as passed by Canada’s Parliament, previously called Bill C-81, in English or French, and in an accessible MS Word or a pdf format



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How Ontario’s Human Rights Tribunal Went Off the Rails in an Important Disability Accessibility Case–Read the New Article by AODA Alliance Chair David Lepofsky on the Tribunal’s Ruling Against an 8-Year-Old Student With Autism Who Wanted to Bring His Autism Service Dog to School


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

How Ontario’s Human Rights Tribunal Went Off the Rails in an Important  Disability Accessibility Case–Read the New Article by AODA Alliance Chair David Lepofsky on the Tribunal’s Ruling Against an 8-Year-Old Student With Autism Who Wanted to Bring His Autism Service Dog to School

July 5, 2019

          SUMMARY

Two years ago, the Human Rights Tribunal of Ontario rendered a controversial and deeply troubling decision about the rights of students with disabilities in Ontario schools. An 8-year-old boy with autism wanted to bring his certified autism service dog to school with him. The school board refused. His family filed a human rights complaint with the Human Rights Tribunal of Ontario. The Tribunal ruled in favour of the school board and against the student.

Many reacted with surprise or shock at this ruling. Now you have a chance to delve deeper and see what went wrong. AODA Alliance Chair David Lepofsky has written a 28-page article analyzing this human rights decision. He found that there are several problems with the decision. His article is entitled “Ontario’s Human Rights Tribunal Bungles the School Boards’ Human Rights Duty to Accommodate Students with Disabilities – J.F. v Waterloo District Catholic School Board – An Erroneous Rejection of A Student’s Request to Bring His Autism Service Dog to School.”

In the fall of 2020, this article will be published in volume 40.1 of the National Journal of Constitutional Law. You don’t need any legal training or background to read this article.

Below we set out this article’s introduction. You can download the entire article in an accessible MS Word format by clicking here https://www.aodaalliance.org/wp-content/uploads/2019/07/ASD-Dog-Article-by-David-Lepofsky-Accepted-for-Publication-in-the-NJCL-dated-july-4-2019.docx

The published text of this article next year may have minor editorial changes.

The AODA Alliance has pressed the Ford Government for over a year to get the Education Standards Development Committee back to work, developing recommendations for what should be included in an Education Accessibility Standard to be enacted under the AODA. Among other things, we plan to propose detailed standards to bind all schools on letting students with autism bring their qualified service animal to school.

AODA Alliance Chair David Lepofsky is a member of the K-12 Education Standards Development Committee. On March 7, 2019, the Ford Government said it was lifting that freeze. Yet no date for the next meeting of that AODA Standards Development Committee is set.

There have been 155 days since the Ford Government received the final report of the Independent Review of the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act by former Lieutenant Governor David Onley. That report found that Ontario is full of “soul-crushing” barriers that impede over 1.9 million Ontarians with disabilities. It calls on the Ontario Government to show new leadership and to take strong action on accessibility for people with disabilities. the Ford Government has not announced a plan to implement the Onley Report.

          MORE DETAILS

Excerpt from the Article ” Ontario’s Human Rights Tribunal Bungles the School Boards’ Human Rights Duty to Accommodate Students with Disabilities – J.F. v Waterloo District Catholic School Board – An Erroneous Rejection of A Student’s Request to Bring His Autism Service Dog to School” by AODA Alliance Chair David Lepofsky to be Published in Volume 40.1 of the National Journal of Constitutional Law

A child with autism spectrum disorder (ASD) can experience anxiety, challenges in self-regulating their mood and behaviours, and difficulty adjusting to transitions. Helpful measures to address these needs contribute to a child’s developmental progress. An autism service dog can help with these needs.

ASD’s emotional, behavioural and communicational impacts on a child cannot be measured, day-by-day, by a blood test or thermometer. It is typically not possible to isolate and quantify exactly when and how an intervention such as a service dog has helped, any more than an omelet can be unscrambled. This does not derogate from the benefits experienced from using such a service dog. For children with ASD, as with many others, trial and error is so often the best approach.

This article examines a troubling case where a school board, and then Ontario’s Human Rights Tribunal, each got it wrong when it came to accommodating a student with ASD. In J.F. v. Waterloo District Catholic School Board, an eight-year-old boy with ASD benefitted at home from a trained autism service dog. His family asked the school board to let him bring the service dog to school, to help accommodate his ASD. The school board said no. The Tribunal sided with the board.

There was no showing that board employees, addressing this issue, had prior knowledge, experience or expertise with autism service dogs, or that those officials tried to observe the boy outside school when using the autism service dog. There was no indication that the board took any proactive steps to learn about the benefits of these service dogs, or considered a trial period with this boy bringing his autism service dog to school.

In contrast, some other Ontario school boards let students with ASD bring a service dog to school. If other school boards can do so, the Waterloo District Catholic School Board could do the same, rather than putting barriers in the path of a vulnerable student.

The boy’s family filed a human rights complaint against the school board. It alleged a violation of his right to equal treatment in education without discrimination due to his disability, guaranteed by s. 1 of the Ontario Human Rights Code. The family argued that the board failed to fulfil its substantive duty to accommodate (its duty to provide a disability-related accommodation he needed), and its procedural duty to accommodate (its duty to adequately investigate his disability-related needs and the options for accommodating them). In a widely-publicized and erroneous decision, the Tribunal ruled against the boy on both scores.

The school board and the Human Rights Tribunal of Ontario failed to properly apply human rights principles to a vulnerable student with an undisputed disability. This case provides a powerful illustration of a Human Rights Tribunal that failed to properly apply both the human rights procedural duty to accommodate and the substantive duty to accommodate. The school board’s failure to fulfil its procedural duty to accommodate this boy’s disability also serves to substantially weaken the board’s claim that it met its substantive duty to accommodate.

As well, this case illustrates unfair accessibility barriers that students with disabilities too often face in Ontario’s education system. It shows how families must repeatedly fight against the same barriers, at school board after school board. This case also highlights serious flaws in Ontario’s controversial system for enforcing human rights. It shows why Ontario needs a strong and effective Education Accessibility Standard under the Accessibility for Ontarians with Disabilities Act, to remove such recurring disability accessibility barriers in Ontario’s education system.

Had this school board redirected more of its effort and public money towards working out a way to let this student bring his autism service dog to school, rather than fighting against him, a more positive outcome here was likely. Instead the Board marshalled its formidable legal resources to fight against this boy.

This article first delineates the case’s largely undisputed facts. It then explores the evolution of the procedural duty to accommodate in human rights law. The importance of the duty to accommodate in the education context is then investigated.

Attention next turns to problems in the Tribunal’s reasoning that led it to find that the school board did not violate the procedural duty to accommodate. After that, serious problems are identified with the Tribunal’s finding that the school board did not violate its substantive duty to accommodate.

This article concludes with a look more broadly at this case’s implications. This case typifies problems since 2008 with the way human rights are enforced in Ontario. This case also illustrates the need for the Ontario Government to adopt a reformed approach to the education of students with disabilities in Ontario schools as well as the need for an Education Accessibility Standard to be enacted under the Accessibility for Ontarians with Disabilities Act.



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The Ford Government Gets A Failing Grade on Making Progress on Disability Accessibility After One year in Power – AODA Alliance


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

The Ford Government Gets A Failing Grade on Making Progress on Disability Accessibility After One year in Power

June 21, 2019

SUMMARY

It’s time to look back on the past year, take stock and give a report card on the Ontario Government’s performance on achieving the goal of accessibility for people with disabilities in Ontario. The Ontario Government has now been in office for one year, or one quarter of its term in office. It has been blanketing social media and the web with glowing statements about its progress on various issues, exemplified in Minister for Accessibility and Seniors Raymond Cho’s June 14, 2019 email to disability stakeholders, set out below. It repeatedly tells the public that it is keeping its promises and protecting “what matters most” to Ontarians.

We regret that we must give the Ford Government a failing “F” grade. It has done virtually nothing helpful and new to improve the Ontario Government’s efforts on leading Ontario to become accessible to over 1.9 million Ontarians with disabilities by 2025, the deadline which the Accessibility for Ontarians with Disabilities Act sets. It has even exceeded the previous Wynne Government’s record for dithering and inaction on accessibility. When running for office, Doug Ford told all Ontarians that if he is elected, help is on the way. When it comes to the accessibility needs of Ontarians with disabilities, we are still waiting.

We were delighted at the start of the new Government that it appointed the closest thing to a fulltime accessibility minister. This meant that progress on accessibility could be sped up, since more ministerial time could be devoted to that issue. Yet no such progress occurred over the year that followed.

The only new initiative on disability accessibility that the Ford Government has announced in an entire year is unhelpful. It appears to be a major distraction rather than a real significant help. That is the Ford Government’s decision to divert 1.3 million public dollars over two years into having the Rick Hansen Foundation undertake a private “certification” of a total of 250 buildings (125 per year), using the Rick Hansen Foundation’s problematic private accessibility certification process. We have been on the record for years in opposition to investing any public money in a private accessibility certification process, no matter who runs it. In an upcoming AODA Alliance Update, we will have more to say specifically about the Rick Hansen Foundation private accessibility certification process which the Ford Government has chosen to endorse and finance in Ontario.

With yesterday’s Cabinet shuffle, the Ford Government is now broadly trying to do a re-set, since it has plummeted in the polls. This is a good time for the Government to do a re-set in its approach to accessibility for people with disabilities. We estimate that there are at least one million voters with disabilities in Ontario. We are ready and willing to help with this, in our ongoing spirit of non-partisanship.

We remain open to work with the Ford Government so that it turns the page and begins a new strategy on disability accessibility. We invite and encourage your feedback on what to do in response to the Ford Government’s failing grade on accessibility in its first year in office. Email us at [email protected]

In striking contrast to this “F” grade for the Ontario Government, today the Federal Government is scheduled to give Royal Assent to Bill C-81, the Accessible Canada Act. That means that it goes into operation as a federal law. While the Accessible Canada Act lacks important features for which we and others vigorously campaigned, it underwent a series of improvements over the year since it was introduced in the House of Commons for First Reading on June 20, 2018, just one year and one day ago. It was improved in the House of Commons last fall at public hearings. It was further improved this past spring in the public hearings in the Senate. Check out the seven preliminary observations we have offered in response to the enactment of the Accessible Canada Act, in the June 3, 2019 AODA Alliance Update.

          MORE DETAILS

The Doug Ford Government’s Record on Accessibility After One Year in Office – A Closer Look

Here are the key developments over the past year which together lead to the Ford Government’s failing grade on promoting accessibility for Ontarians with disabilities during its first year in office.

1. Starting on a Positive Note

The Ford Government started its term in office on a positive note. In June 2018, on being sworn in, the Ford Government announced that it was appointing Ontario’s first ever Minister for Accessibility and Seniors. This was the closest Ontario has ever come to having a much-needed full-time accessibility minister. Combining responsibility for accessibility and for seniors was a good idea, since these mandates overlap. A large percentage of people with disabilities are seniors.

We congratulated the Government for this move. We offered to work together with Raymond Cho, the new minister, and the new Government. We have had a number of discussions with the minister and the minister’s staff.

2. We Offered the Government Good Ideas Early On But Got Vague Answers

Within a month of the Ford Government taking office, we wrote to the Minister for Accessibility and Seniors and to Premier Doug Ford. We made specific suggestions for priority actions. Check out our July 17, 2018 letter to Minister for Accessibility and Seniors Raymond Cho and our July 19, 2018 letter to Premier Doug Ford.

Both Premier Ford and Minister Cho replied with pro forma letters. These letters said little and committed to nothing specific. Apart from our request that the Government revive the work of five Standards Development Committees (which the Government had just frozen due to the election and its outcome), addressed further below, the Ford Government has taken none of the actions in the past year that we recommended as priorities.

3. Chilling Progress on Accessibility by Freezing the Work of AODA Standards Development Committees for Many Months

When the Ford Government won the 2018 Ontario election, the work of five AODA Standards Development Committees were promptly all frozen, pending the new Minister for Accessibility and Seniors getting a briefing. Any delay in the work of those committees further slows the AODA’s sluggish implementation.

Those Standards Development Committees remained frozen for months, long after the minister needed time to be briefed. We had to campaign for months to get that freeze lifted.

Over four months later, in November 2018, the Ford Government lifted its freeze on the work of the Employment Standards Development Committee and the Information and Communication Standards Development Committee. However it did not then also lift the freeze on the work of the three other Standards Development Committees, those working on proposals for accessibility standards in health care and education.

We had to keep up the pressure. The Ford Government waited until March 7, 2019 before it announced that it was lifting its freeze on the work of the Health Care Standards Development Committee and the two Education Standards Development Committees. As of now, over three and a half months since the Ford Government announced that it was lifting that freeze, none of those three remaining Standards Development Committees has had a single meeting, as far as we can tell.

The Ford Government has announced potential reductions in the number of days that they will be able to meet. In the meantime, the many barriers in Ontario’s education system and Ontario’s health care system remain in place, while new ones continue to be created.

4. No New Government Action on Ensuring the Accessibility of Public Transportation in Ontario

Just before the 2018 Ontario election, the Ontario Government received the final recommendations for reforms to the Transportation Accessibility Standard from the AODA Transportation Standards Development committee. Since then, the Ford Government has announced no action on those recommendations. It has not publicly invited any input or consultation on those recommendations. At the same time, the Ford Government has made major announcements about the future of public transit infrastructure in Ontario. As such, barriers in public transportation remain while the risk remains that new ones will continue to be created.

5. Failure to Fulfil Its Duty to Appoint A Standards Development Committee to Review the Public Spaces Accessibility Standard

The AODA required the Ontario Government to appoint a Standards Development Committee to review the Public Spaces Accessibility Standard by the end of 2017. Neither the previous Wynne Government nor the current Ford Government have fulfilled this legal duty. This is a mandatory AODA requirement. The Ford Government has had a year in office to learn about this duty and to fulfil it. We flagged it for the Government early on.

6. No Comprehensive Government Plan of Action on Accessibility 142 Days After Receiving the Report of David Onley’s AODA Independent Review, Even Though the Government Thought Onley Did a “Marvelous Job”

We have been urging the Ford Government to develop a detailed plan on accessibility since shortly after it took office. it has never done so.

In December 2018, the Ford Government stated that it was awaiting the final report of former Lieutenant Governor David Onley’s Independent Review of the AODA’s implementation and enforcement, before deciding what it would do regarding accessibility for people with disabilities.

On January 31, 2019, the Ford Government received the final report of the David Onley Independent Review of the AODA’s implementation and enforcement. Minister for Accessibility and Seniors Raymond Cho publicly said on April 10, 2019 in the Ontario Legislature that David Onley did a “marvelous job.”

The Onley report found that Ontario is still full of serious barriers impeding people with disabilities, and that specific new Government actions, spelled out in the report, are needed. However, in the 142 days since receiving the Onley Report, the Ford Government has not made public any detailed plan to implement that report’s findings and recommendations. It says it is still studying the issue.

The Ford Government Voiced Very Troubling and Harmful Stereotypes About the AODA and Disability Accessibility During National Access Abilities Week

For years, Canada has held some form of National Access Week towards the end of May. During this week, provincial politicians typically make public statements in the Legislature committing to accessibility and focusing on what more needs to be done.

This year, during National Access Abilities Week, MPP Joel Harden proposed a that the Legislature pass a resolution that called for the Government to bring forward a plan in response to the Onley Report. The resolution was worded in benign and non-partisan words, which in key ways tracked Doug Ford’s May 15, 2018 letter to the AODA Alliance. In that letter, Doug Ford had set out the Conservative Party’s 2018 election promises on disability accessibility. The proposed resolution stated:

“That, in the opinion of this House, the Government of Ontario should release a plan of action on accessibility in response to David Onley’s review of the Accessibility for Ontarians with Disabilities Act that includes, but is not limited to, a commitment to implement new standards for the built environment, stronger enforcement of the Act, accessibility training for design professionals, and an assurance that public money is never again used to create new accessibility barriers.”

Premier Doug Ford had every good reason to support this proposed resolution, as we explained in the June 10, 2019 AODA Alliance Update. Yet, as described in detail in the June 11, 2019 AODA Alliance Update, the Doug Ford Government used its majority in the Legislature to defeat this resolution on May 30, 2019, right in the middle of National Access Abilities Week.

The speeches by Conservative MPPs in the Legislature on the Government’s behalf, in opposition to that motion, voiced false and harmful stereotypes about disability accessibility. That was hurtful to 1.9 million Ontarians with disabilities. Those statements in effect call into serious question the Ford Government’s commitment to the effective implementation and enforcement of the AODA. They denigrated the creation and enforcement of AODA accessibility standards as red tape that threatened to imperil businesses and hurt people with disabilities.

7. In an Inappropriate Use of Public Money, the Ford Government Diverts 1.3 Million Dollars into the Rick Hansen Foundation’s Private Accessibility Certification Process

The only new action the Ford Government has taken on accessibility over its first year in office is its announcement in the April 11, 2019 Ontario Budget that it would spend 1.3 million public dollars over two years to have the Rick Hansen Foundation’s private accessibility certification process “certify” some 250 buildings, belonging to business or the public sector, for accessibility. We oppose any public funding for any private accessibility certification process, no matter who provides this service.

the Ford Government entirely ignored all our serious concerns with spending public money on such a private accessibility certification process. These concerns have been public for well over three years. The Ford Government has given no public reasons for its rejecting all of these concerns.

We here summarize our major concerns with any kind of private accessibility certification process, no matter who is operating it. A future AODA Alliance update will address concerns specific to the Ford Government’s funding the private accessibility certification process offered under the name of the Rick Hansen Foundation.

  1. a) A private accessibility certification risks misleading the public, including people with disabilities. It also risks misleading the very organization that seeks this so-called certification. It “certifies” nothing. A private organization might certify a building as accessible, and yet people with disabilities may well find that the building itself, or the services offered in the building, still has serious accessibility problems.

Such a certification provides no defence to an accessibility complaint or proceeding under the AODA, under the Ontario Building Code, under a municipal bylaw, under the Ontario Human Rights Code, or under the Canadian Charter of Rights and Freedoms.

As well, the certification, for whatever it is worth on the day it is granted, can quickly become out-of-date. New accessibility rules might later be enacted or amended that the assessor did not even consider. The building might proudly display a gold accessibility certification, while something might have been changed inside the building that creates new barriers.

If an organization gets a top-level accessibility certification, it may think they have done all they must do on accessibility. The public, including people with disabilities, and design professionals may be led to think that this is a model of accessibility to be emulated, and that it is a place that will be easy to fully access. This may turn out not to be the case, especially if the assessor uses an insufficient standard to assess accessibility, and/or if it does not do an accurate job of assessing the building and/or if things change in the building after the certification is granted.

  1. b) All a private accessibility is some kind of accessibility advice, dressed up in the seemingly more impressive and authoritative label of “certification”. There are a number of accessibility consultants available to organizations to provide accessibility reviews and advice. The Government should not be subsidizing one accessibility consultant over another, and conferring on it the seemingly superior designation of “certification”. There is no assurance that the people who do the certifying have as much training, experience and expertise on accessibility as do other accessibility consultants.
  1. c) A private accessibility certification process lacks much-needed public accountability. The public has no way to know if the private accessibility assessor is making accurate assessments. It is not subject to Freedom of Information laws. It can operate behind closed doors. It lacks the kind of public accountability that applies to a government audit or inspection or other enforcement.
  1. d) Especially in a period of austerity and major Ontario budget cuts, spending any public money on a private accessibility certification process is not a priority for efforts on accessibility in Ontario or a responsible use of public money. It is not focusing Government funding and efforts on the things that “matter most”, to draw on the Ford Government’s slogan.

There are much more pressing areas for new public spending on accessibility. At the same time as it is diverting this new public money to the Rick Hansen Foundation, the Ford Government appears to be cutting its expenditures on existing Standards Development Committees that are doing work in the health care and education areas. There is a much more pressing need for the Government to now appoint a Built Environment Standards Development Committee to recommend an appropriate accessibility standard to deal with barriers in the built environment. These public funds could also be far better used to beef up the flagging and weak enforcement of the AODA.

  1. e) The Onley report recommended important and much-needed measures to address disability barriers in the built environment that the Ford Government has not yet agreed to take. The Onley Report did not recommend spending scarce public money on a private accessibility certification process.
  1. f) If a private organization wants to hire an accessibility consultant of any sort, that organization should pay for those services. The Government should not be subsidizing this.

To read the AODA Alliance’s February 1, 2016 brief to Deloitte on the problems with publicly funding any private accessibility certification process, visit https://www.aoda.ca/aoda-alliance-sends-the-deloitte-company-its-submission-on-the-first-phase-of-the-deloitte-companys-public-consultation-on-the-wynne-governments-problem-ridden-proposal-to-fund-a-new-private-ac/

7. Text of the June 14, 2019 Email from Minister for Accessibility and Seniors Raymond Cho to Stakeholders on Accessibility Issues

Dear Stakeholder:

June 7th marks the one-year anniversary that our government has been in office, and together, we have much to celebrate. We were elected to be a government that works for the people, putting their interests first in everything we do. I am proud to share with you how our government has helped people with disabilities and their families across Ontario over this past year.

Premier Ford and our entire team made five core commitments to the people of Ontario: restoring trust, accountability, and transparency; putting more money in people’s pockets; cleaning up the hydro mess; ending hallway healthcare; and making Ontario open for business and open for jobs.

Today, we can proudly say: “Promises made, promises kept.” We have charted a reasonable and responsible path to a balanced budget in five years, invested in core public services like healthcare and education, and protected frontline workers.

As Minister for Seniors and Accessibility, I am committed to helping seniors and people with disabilities stay independent, safe, active and socially connected. Our government has the highest regard for people with disabilities and is committed to protecting what matters most to them and their families. I am incredibly proud of the work that our Ministry has accomplished over the past year, working alongside terrific partners like AODA Alliance.

We are committed to making Ontario more accessible for all. That is why when the Honourable David C. Onley completed and submitted his review of the Accessibility for Ontarians with Disabilities Act in January 2019, our government tabled the report faster than either previous review. After tabling the report, we immediately announced that we would be resuming the Health Care and Education Standards Development Committees so that they can continue their valuable work to improve accessibility in those sectors. We are also continuing to work with the Information and Communications Standard Development Committee. Needless to say, we are taking Mr. Onley’s input very seriously as we continue to work towards making Ontario more accessible.

People with disabilities and seniors deserve to remain engaged and participate fully in their communities. Yet many buildings in Ontario continue to be a challenge for people with disabilities and seniors. That is why our government is investing $1.3 million over two years through a new partnership with the Rick Hansen Foundation. The Rick Hansen Foundation Accessibility Certification program is expected to start this fall and will roll out over the next two years in select communities across Ontario. The certification program will provide accessibility ratings of businesses and public buildings by trained professionals, and will help property managers and owners determine ways to remove identified barriers. Through this investment, the Rick Hansen Foundation will undertake ratings of 250 facilities.

We are also continuing to work closely with many partners to spread the word about the importance of accessibility. For instance, our Employers’ Partnership Table, which was brought together to support the creation of employment opportunities for people with disabilities. They are working on developing sector-specific business cases for hiring people with disabilities that will be shared with businesses in Ontario to help them see the benefits of employing people with disabilities.

Additionally, through our EnAbling Change Program, we partner with non-profit organizations to develop educational tools and resources to promote ways to make our communities and businesses more accessible.

This is just the beginning. We look forward to continuing to work together to make Ontario more accessible for all.

As our track record shows, we have accomplished a great deal, but our work is far from over. Looking ahead, our government will continue turning this province around and building for the future.

We look forward to continuing to work with you to build an Ontario where everyone shares in greater opportunity and prosperity.

Sincerely,

Raymond Cho

Minister



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The Ford Government Defeated a Proposed Resolution in the Legislature that Called for a Plan to Implement David Onley’s Report on Strengthening the Implementation of Ontario’s Disabilities Act – The Government Invoked False and Hurtful Stereotypes About the Disabilities Act, Unfairly Disparaging Its Implementation and Enforcement as “Red Tape”


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

The Ford Government Defeated a Proposed Resolution in the Legislature that Called for a Plan to Implement David Onley’s Report on Strengthening the Implementation of Ontario’s Disabilities Act – The Government Invoked False and Hurtful Stereotypes About the Disabilities Act, Unfairly Disparaging Its Implementation and Enforcement as “Red Tape”

June 11, 2019

          SUMMARY

On May 30, 2019, the Ford Government used its majority to defeat a resolution in the Ontario Legislature about Ontario’s Disabilities Act, that was proposed by NDP MPP Joel Harden. Worded in measured terms that tracked Doug Ford’s 2018 election pledges on disability accessibility, that resolution called on the Government to create a plan to implement the report of David Onley’s Independent Review of the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act (AODA).

The Ford Government’s defeat of this resolution is a troubling setback for Ontarians with disabilities, as we explain in this Update. There have now been 132 days since former Lieutenant Governor David Onley submitted his final report on the need to substantially improve the AODA’s implementation and enforcement. to the Ford Government. Yet the Government has not announced a plan of action to implement that report. As a result, Ontario keeps slipping further and further behind schedule for becoming accessible to Ontarians with disabilities by 2025, the AODA’s deadline.

We will have more to say about this over the next days and weeks. We welcome your feedback and your suggestions of non-partisan actions we might take in response to it. Write us at [email protected]

The Harden Resolution and the Onley Report’s Findings and Recommendations

Mr. Harden’s proposed resolution read as follows:

“That, in the opinion of this House, the Government of Ontario should release a plan of action on accessibility in response to David Onley’s review of the Accessibility for Ontarians with Disabilities Act that includes, but is not limited to, a commitment to implement new standards for the built environment, stronger enforcement of the Act, accessibility training for design professionals, and an assurance that public money is never again used to create new accessibility barriers.”

The June 10, 2019 AODA Alliance Update showed that there were ample strong reasons for the Ford Government to support the resolution. Yet instead, the Ford Government voted against it. The opposition NDP, Liberals and Green Party all voted for the resolution. It is especially troubling that this resolution was defeated right in the middle of National Access Abilities Week.

Conservative Accessibility Minister Raymond Cho told the Legislature on April 10, 2019 that former Lieutenant Governor David Onley did a “marvelous job” in his report. The Onley report found that Ontario is “mostly inaccessible” to people with disabilities and that the pace of change in Ontario on accessibility since 2005 for people with disabilities has been “glacial.” The report found that “…the promised accessible Ontario is nowhere in sight.” It concluded that progress on accessibility under this law has been “highly selective and barely detectable.”

The Onley report had damning things to say about years of the Ontario Government’s AODA implementation and enforcement. He in effect found that there has been a protracted, troubling lack of Government leadership on this issue.

The Onley report recommended major new action to substantially strengthen and reform the Ontario Government’s AODA implementation and enforcement. Among other things, he called for new accessibility standards to be enacted, and for existing ones to be strengthened. He urged strengthened AODA enforcement, and stronger Government leadership on accessibility. Among the measures he recommended are the four specific measures listed in Joel Harden’s proposed resolution.

Why Did the Ford Government Oppose the Harden Resolution?

The Ford Government opposed MPP Harden’s resolution in its entirety. The Government did not publicly propose any wording changes that would make the resolution acceptable to the Government.

The reasons which the Government gave in the Legislature for opposing MPP Harden’s resolution are deeply troubling. They reflect a serious misunderstanding of the needs of 1.9 million Ontarians with disabilities, of the AODA’s mandatory legal requirements and of the Onley Report’s findings and recommendations.

The Tories’ speeches repeatedly invoked harmful and false stereotypes about the actions we need to achieve accessibility for people with disabilities and about accessibility legislation that thankfully have not been voiced at Queen’s Park for some sixteen years. As explained further below, the PC MPPs’ speeches give rise to a serious concern that the Government does not plan to fulfil its election commitments on accessibility, or its duties under the AODA. Doug Ford did not voice this disparaging attitude towards the AODA during the 2018 election campaign.

The PC MPPs’ speeches read as if they were meant to make business owners, and especially small business owners, fear that the AODA is a terrible, unfair and massive burden on them, and that the PCs will defend them from this ogre. For example:

  1. The Ford Government repeatedly claimed that the measures proposed in this resolution are merely wasteful, duplicative red tape that threaten to seriously harm businesses and impose high costs on them, with a particular emphasis on small business. This false claim revives old harmful stereotypes, akin to those which the former Conservative Government of Mike Harris propagated two decades ago. Ontario’s PC Party had moved well past this in 2005, when it unanimously voted in support of passing the AODA, and brought motions to try to further strengthen it.

Achieving accessibility for 1.9 million Ontarians with disabilities by effectively implementing the AODA is not red tape!

  1. The Ford Government’s response to this proposed resolution looks like an All-out attack on the AODA itself, and its core requirement to create and enforce accessibility standards to ensure that Ontario becomes accessible by 2025. the Government in effect took the position that no AODA Built Environment Accessibility Standard should ever be enacted under the AODA, because it might be duplicative of the Ontario Building Code and confusing. Yet a new Built Environment Accessibility Standard could be created while at the same time the Ontario Building Code can be modernized, so that they are complementary and mutually reinforcing.
  1. The Ford Government wrongly claimed that implementing the David Onley Report, through such measures as creating a Built Environment Accessibility Standard and more effectively enforcing the AODA, would not help people with disabilities and would just create barriers for new economic opportunities. The Onley Report and our lived experience prove the Government wrong on this score.
  1. The Government wrongly claimed that Mr. Harden’s proposed resolution advocates for the Government to fine small businesses so as to drive them out of business. No one, not the Onley report, nor Mr. Harden’s proposed resolution nor the AODA Alliance, is talking about fining small businesses so as to drive them out of business.
  1. The Ford Government appeared to reject outright any improvement in the AODA’s enforcement, which the Onley report found to be deficient and in need of strengthening, because there already is enforcement of the Ontario Building Code. Yet Building Code enforcement does not address barriers in customer service, employment, transportation, information and communication, or in existing buildings that are undergoing no major renovations. Moreover the Ontario Building Code’s accessibility requirements are substantially deficient. Enforcing them does not ensure the accessibility of buildings.
  1. The only new action on accessibility that the Ford Government pointed to in opposing Mr. Harden’s proposed resolution was its diverting 1.3 million public dollars into the Rick Hansen Foundation’s private accessibility certification process. We explained in The May 17, 2019 AODA Alliance Update that there are serious problems with the Government diverting public money into such a private accessibility certification process.
  1. To justify its opposition to this proposed resolution, the Government pointed to a number of non-legislated strategies on accessibility which were in whole or in large part launched by the previous Liberal Government under Premier Kathleen Wynne. Simply relying on the insufficient strategies of the previous Liberal Government will not yield any better and faster progress on accessibility than the previous Government’s poor record on AODA implementation and enforcement—a record which the Onley Report thoroughly documented and which the Ford Government itself has blasted.
  1. At least some of the Ford Government’s reasons for opposing MPP Harden’s resolution fly in the face of Doug Ford’s 2018 election pledges to Ontarians with disabilities on accessibility in his May 15, 2018 letter to the AODA Alliance. Those pledges are spelled out below and in the June 10, 2019 AODA Alliance Update.
  1. The Ford Government gave no reasons for opposing the proposed resolution’s call for a plan to stop public money from again being used to create new disability barriers. To allow public money to be used to create new accessibility barriers is to mismanage public money. The Ford Government’s “brand” has been to claim that it is far superior at managing public money than previous governments.
  1. The Ford Government gave no reasons for opposing the creation of a plan to ensure that design professionals (like architects) receive better accessibility training. Yet, Doug Ford’s May 15, 2018 letter to the AODA Alliance recognized

” We need Ontario’s design professionals, such as architects, to receive substantially improved professional training on disability and accessibility.”

Below we set out:

* Our comments on key statements which Progressive Conservative MPPs made in the Legislature in opposition to Mr. Harden’s proposed resolution.

* MPP Harden’s May 30, 2019 news release, issued after the Government defeated his proposed resolution.

* The full text of the debate in the Legislature over MPP Harden’s proposed resolution on May, 30, 2019, as well as the list of how each MPP voted on this resolution.

* The Onley Report’s summary of its recommendations.

          MORE DETAILS

Our Detailed Comments on the Reasons Why the Ford Government Voted to Defeat NDP MPP Joel Harden’s May 30, 2019 Resolution

Here are a series of the key statements in the Ontario Legislature on May 30, 2019 by PC MPPs in opposition to Joel Harden’s AODA resolution. they are each followed by our comment on that statement.

  1. Minister for Accessibility and Seniors Raymond Cho stated:

“I’m looking forward to discussing this motion because there’s lots of work that needs to be done to tear down barriers in Ontario. We all agree on this.

David Onley’s report talked about these barriers. He called them “soul-crushing barriers,” and Mr. Onley was not the only one who pointed this out. Previous AODA reviews done by Charles Beer and Mayo Moran pointed out many of the same barriers. After 15 years of Liberal government and three reports, not enough progress has been made. In Mr. Onley’s words, “Previous governments have promised much but delivered less than they should have.””

Our comment:

It is helpful that the minister and Government recognize that much more needs to be done. Thus the attention must focus on whether what the Government is doing about the AODA’s implementation and enforcement.

2 Minister for Accessibility and Seniors Raymond Cho stated:

” We understand the good intention of this motion, but these solutions lead to more duplication, red tape and high costs for business. One of the barriers that Mr. Onley talks about is a lack of economic opportunities for Ontarians with disabilities. So while we are making Ontario more accessible, we have to proceed carefully. We do not want to put unnecessary red tape and regulations on business. This will actually harm people with disabilities who are seeking employment by limiting their economic opportunities. To put this in perspective, the employment rate for people with disabilities in Ontario is only 58%, compared to 81% for those without disabilities.”

Our comment:

This deeply troubling statement appears to summarize the Ford Government’s overall strategy for the AODA’s implementation and enforcement. It is replete with seriously incorrect claims. It is not the position on accessibility that the PC’s communicated to us and the public during the 2018 Ontario election.

It is incorrect for the Ford Government to claim that to create a plan to implement the Onley report would ” lead to more duplication, red tape and high costs for business.” Ensuring that public money is never again used to create new disability barriers does not “lead to more duplication, red tape and high costs for business.” Ensuring that design professionals like architects get proper training on accessibility does not “lead to more duplication, red tape and high costs for business.” Creating effective accessibility standards to ensure the accessibility standards of the built environment does not “lead to more duplication, red tape and high costs for business”.

For the Government to effectively implement the AODA would help businesses make more money. Accessibility gets them access to a larger customer base and a larger pool of prospective competitive employees.

The Government’s claim, particularly in the context of the built environment, flies in the face of Doug Ford’s May 15, 2018 letter to the AODA Alliance , where he set out the PC Party’s 2018 election pledges on disability accessibility. In that letter, he said, among other things:

“Whether addressing standards for public housing, health care, employment or education, our goal when passing the AODA in 2005 was to help remove the barriers that prevent people with disabilities from participating more fully in their communities.”

“This is why we’re disappointed the current government has not kept its promise with respect to accessibility standards. An Ontario PC government is committed to working with the AODA Alliance to address implementation and enforcement issues when it comes to these standards.”

“Ontario needs a clear strategy to address AODA standards and the Ontario Building Code’s accessibility provisions. We need Ontario’s design professionals, such as architects, to receive substantially improved professional training on disability and accessibility.”

Ontario’s Accessibility Minister is responsible to lead the AODA’s implementation and enforcement. He or she is supposed to be a strong advocate for people with disabilities at the Cabinet table. For Ontario’s Accessibility Minister Cho to condemn these core recommendations in the Onley Report as “red tape and high costs for business” is to venture into some of the most harmful and false stereotypes about the implementation and enforcement of accessibility legislation such as the AODA that we have faced in many years.

The Ontario Progressive Conservative Party voted unanimously to pass the AODA in 2005. That law requires the Ontario Government to enact and enforce all the accessibility standards needed to ensure that Ontario becomes accessible to people with disabilities by 2025. The AODA explicitly includes “buildings” among the things that must become accessible. The minister’s statement here and during the rest of this debate, as well as those of other PC MPPs, read like a virtual repudiation of the AODA as “red tape”.

  1. Minister for Accessibility and Seniors Raymond Cho stated:

“Another issue is that of AODA enforcement. In Ontario, there are about 400,000 organizations that are required to comply with the AODA, including small businesses, large businesses, non-profits and governments. When we audit those that are not meeting the AODA requirements, we have found that an extraordinarily high number, about 96%, voluntarily comply once they learn what their obligations are. Isn’t it better that we achieve compliance by reaching out and working with businesses and organizations rather than fining small businesses and driving them out of business?”

Our Comment:

Again, the minister voiced inaccurate and harmful stereotypes about the AODA and accessibility for people with disabilities. No one, not the Onley report, not Mr. Harden’s proposed resolution nor the AODA Alliance, ever talks about fining small businesses so as to drive them out of business.

From disclosures we have extracted from the Ontario Government over the past several years, we know that a very small number of the obligated organizations have been subject to any AODA audits. The vast majority of obligated organizations are not audited at all.

Any audits have been quite minimal. The AODA “audits” have only been paper audits, with only one exception that we know of. In a paper audit, the Government only inspects the records or files that the obligated organization has kept on its AODA compliance. In those cases, the Government did not go to the organization’s premises to inspect it or find out if the claims about AODA compliance in the organization’s paper records are factual.

In the 14 years that the AODA has been on the books, a miniscule number of monetary penalties have been imposed. The previous Government knew of rampant AODA violations for over five years. Yet, the AODA Alliance revealed last year that in 2015, 2016 and 2017 combined, for the thousands of private sector organizations known to have violated this legislation, the Government only imposed a total of five monetary penalties. That’s an average of less than two monetary penalties in each of those years.

Moreover, there is absolutely no evidence that any of those penalties were imposed on small businesses. There is no evidence that any of those penalties were so large that they threatened to drive any small business out of business. Indeed, under the AODA regulations that the former Wynne and McGuinty Governments passed on AODA enforcement, the formula for calculating the monetary penalty of a first violator tends to be small e.g. in the hundreds of dollars. There is no public evidence from any of the many Government records that we have unearthed, typically relying on Freedom of Information applications, that the Ontario Government ever imposed any monetary penalties that were larger than that.

  1. Accessibility Minister Cho stated:

“Since I received the report, my ministry staff have been working across government and with stakeholders to address many of his concerns. Some of his recommendations, like restarting the SDCs, were an opportunity to take action quickly, but other concerns needed greater consideration and consultation to properly address. As the minister, it’s my duty to ensure that we take the appropriate time to carefully consider his recommendations.”

Our comment:

By the time of this debate in the Legislature, the Government had four months to consult on the Onley report. Moreover, the Onley report was itself the product of a province-wide consultation process. As such, there can be no excuse for the further Government delay that the minister here signalled, based on yet more consultations.

The minister said that the Government acted “quickly” on the Onley report’s recommendation to resume the work of the AODA Education and Health Care Standards Development Committees. These had been frozen for nine months after the Ford Government was elected. We had been pressing the Government throughout those nine months to end that unjustified freeze on the work of those Standards Development Committees.

Making matters worse, some four months after the Government received Mr. Onley’s report (recommending that that freeze be lifted) and well over two months after the Government said it would lift that freeze, the Government has still not scheduled meetings of those AODA Standards Development Committees to resume their work. That is not moving “quickly.”

  1. PC MPP Rudy Cuzzetto stated:

“As the minister has already noted, this is not the time to introduce more regulations and more red tape that will just create barriers for new economic opportunities. As David Onley himself said in his report, “the most well-intended rules and regulations sometimes do not get it entirely right.””

Our Comment:

This is a second PC MPP who levelled the false and unfair accusation that any effort to improve Ontario’s accessibility standards should be rejected as “more regulations and more red tape that will just create barriers for new economic opportunities.”

This MPP did not give a fair and accurate account of what the David Onley report said about the need for more and better accessibility standards to be enacted under the AODA. He made it sound like the Onley report somehow supported the PCs’ claim that improving accessibility standards would amount to ” more regulations and more red tape that will just create barriers for new economic opportunities.”

The Onley Report said or implied no such thing. To the contrary, Mr. Onley explicitly recognized the need for more accessibility standards. For example, he echoed our call for the Government to resume the development of new accessibility standards in the areas of education and health care. He called for new and stronger regulatory measures to address disability barriers in the built environment. Mr. Harden’s proposed resolution explicitly referred to the latter.

The Onley Report fully recognized the need for improved and sufficient AODA accessibility standards, and for having them effectively enforced. He added that they alone are not sufficient and that more is needed. With that, we also agree.

In the sentence from the Onley report which the MPP quoted out of context, Mr. Onley stated in effect that some accessibility standards may be inadequately written. He stated:

“Another fact of life is that the most well-intended rules and regulations sometimes do not get it entirely right. Examples were cited in the consultations, as noted earlier – from even the best building codes that leave much to interpretation, to power door buttons that some people using wheelchairs cannot push.”

  1. PC MPP Rudy Cuzzetto stated:

“As recognized by Mr. Onley, the built environment continues to be challenging for people with disabilities and for seniors. Our government is taking action on building the environment.

Just last week on May 23, the minister announced that we are partnering with the Rick Hansen Foundation to launch the Rick Hansen Foundation Accessibility Certification program in communities across Ontario. Speaker, the Rick Hansen Foundation is a trusted partner with expertise in this field. With $1.3 million invested over two years, this program will prepare accessibility ratings of businesses and public buildings, and determine the best way to remove barriers for people with disabilities.

Our investment will see ratings done in approximately 250 buildings across Ontario. This program will complement the work we’re doing to reach out and work with businesses and organizations across Ontario, to ensure that they are understanding how they can make their businesses more accessible, and how to comply with the AODA.”

Our Comment:

The only new action on accessibility that the Ford Government pointed to in opposing Mr. Harden’s proposed resolution was its spending 1.3 million public dollars over the next two years in the Rick Hansen private accessibility certification process. We explained in The May 17, 2019 AODA Alliance Update that there are serious problems with the Government diverting public money into a private accessibility certification process, such as the one operated by the Rick Hansen Foundation. The Toronto Star’s May 27, 2019 editorial echoes some of the concerns we’ve raised.

The Ford Government knew that we are deeply opposed to investing public funds in a private accessibility certification process before it chose to divert public money into that process. It is no substitute for modernizing and effectively enforcing Ontario’s deficient and outdated laws governing the accessibility of buildings. Leaving it to an unaccountable and unelected private accessibility certification process to decide what our standard should be for the accessibility of buildings is no solution.

  1. PC MPP Rudy Cuzzetto stated:

“To remove barriers on employment, our Employers’ Partnership Table is working to support and create new job opportunities for people with disabilities. The table includes 17 members, representing a range of small, medium and large businesses across Ontario. They’re now working on developing sector-specific business cases—to hire people with disabilities—that will be shared with businesses across Ontario, to help them see the benefits of employing people with disabilities.

About 50% of people with disabilities have a post-secondary education, yet unemployment remains very high in this community. Even though employers are finding that hiring people with disabilities improves the bottom line and increases productivity, much more work needs to be done to raise awareness. A single step can be a barrier for people with certain disabilities, but so is not having a job when you are ready and willing to work.

Our government will also continue to outreach with people with disabilities, and consult with non-profits and industry groups on how to improve accessibility in Ontario. We will continue to consult with businesses and business associations through the Employers’ Partnership Table.”

Our Comment:

There appears to be nothing new here. The Ford Government’s stated solution to the serious problem of chronic unemployment facing people with disabilities in Ontario is the same strategy that the previous Wynne Liberal Government had been proclaiming for years. This included claiming to bring to employers the positive business case for hiring people with disabilities, and operating a Partnership Council of employers. The previous Wynne Government had been operating two successive Partnership Councils of employers since 2014. Indeed, The Ford Government’s statement here sounds very similar to what the Liberal minister responsible for the AODA, Brad Duguid, was saying four years ago on this topic.

Chronic high unemployment facing people with disabilities continues to persist. The previous Government’s approach has proven itself to be entirely insufficient. The Onley report documented the serious barriers that still face people with disabilities in Ontario, including in employment.

Minister Cho has elsewhere rightly blasted the former Liberal Government for doing a poor job on accessibility. Yet the Ford Government is just carrying on in the employment context with the previous Government ‘s same approach.

The Ford Government here and elsewhere during this debate seemed to focus much of its talk and intended effort on “raising awareness on accessibility. We and others, and the Onley Report itself, have shown time and again that this alone is no solution for the problem of recurring disability barriers in our society, which the Onley Report described as “soul-crushing”.

Indeed, during Mr. Onley’s May 1, 2019 presentation to the Senate’s Standing Committee that held hearings on Bill C-81, the Accessible Canada Act, he convincingly explained how he used to feel that this kind of strategy was sufficient. However, after hearing from people with disabilities during his public hearings in preparation for his report to the Ontario Government, he came to realize that it is not sufficient.

Moreover, the strategy of “raising awareness” was one which the Previous Conservative Ontario Government of Premier Mike Harris proclaimed as its core strategy on accessibility for people with disabilities from 1995 to 2003. That strategy was a failure. That is why Ontario needed the enactment of the Accessibility for Ontarians with Disabilities Act in 2005. In 2005, the Conservative caucus, then in opposition, unanimously supported that legislation.

We therefore need the AODA to be effectively implemented and enforced. That requires much more than “raising awareness.”

  1. PC MPP Natalia Kusendova said:

“The challenge with this motion is that it is looking to create more duplication, more red tape and confusion around the built environment. Mr. Onley spoke about the need to take action on the built environment to improve accessibility, and we recognize this.”

Our Comment:

This is the third PC speaker who opposed Mr. Harden’s proposed resolution by repeating the false claim that it calls for “more duplication” and “more red tape”. This is made worse by this MPP’s further false claim that the resolution is calling for creating “confusion around the built environment.”

Right now, there is serious confusion around the built environment. Too many architects, other design professionals, businesses and government officials wrongly think that if they comply with the current highly-deficient accessibility provisions in the Ontario Building Code, they have therefore created a building that is accessible to people with disabilities. Yet we have shown the public, including the Ford Government, that complying with the Ontario Building Code and weak AODA standards does not assure accessibility at all.

For example, our three widely-viewed online videos on accessibility problems in new buildings prove that we need to enact new, stronger laws on the accessibility of the built environment and to improve the training of design professionals. These are two core actions that the Onley report recommended and that Mr. Harden’s proposed resolution addressed. Check out:

  1. The AODA Alliance’s May 2018 online video showing serious accessibility problems at new and recently-renovated Toronto area public transit stations, available at https://www.aodaalliance.org/whats-new/news-release-grassroots-disability-coalitions-powerful-new-video-shows-serious-accessibility-problems-at-new-and-recently-renovated-public-transit-stations-in-toronto-as-the-future-of-accessibilit/
  1. The AODA Alliance’s October 2017 video showing serious accessibility problems at the new Ryerson University Student Learning Centre, available at https://www.aodaalliance.org/whats-new/news-release-grassroots-disability-coalitions-powerful-new-video-shows-serious-accessibility-problems-at-new-and-recently-renovated-public-transit-stations-in-toronto-as-the-future-of-accessibilit/
  1. The AODA Alliance’s November 2016 video showing serious accessibility problems at the new Centennial College Culinary Arts Centre, available at https://www.aodaalliance.org/whats-new/news-release-grassroots-disability-coalitions-powerful-new-video-shows-serious-accessibility-problems-at-new-and-recently-renovated-public-transit-stations-in-toronto-as-the-future-of-accessibilit/
  1. PC MPP Natalia Kusendova said:

“David Onley’s report calls for action on the built environment. He notes that reviewing the building code is required. When it comes to this motion, calling for a built environment standard just simply doesn’t make sense. It will create duplication with the Ontario Building Code and cause red tape and confusion.”

Our Comment:

Speaking for the Government, this PC MPP in effect took the position that no Built Environment Accessibility Standard can ever be enacted under the AODA, no matter what it might contain. This is because a Built Environment Accessibility Standard might be duplicative of the Ontario Building Code.

This is wrong. A Built Environment Accessibility Standard can be designed that is complementary to the Ontario Building Code and that creates no such problems for those who are building or renovating buildings.

Moreover, this flies in the face of the position of the Ontario Conservative Party itself. As we noted earlier, in 2005, the Ontario PC Party unanimously voted for the AODA. Its stated purpose is to achieve accessibility in Ontario by 2025, including accessibility in “buildings”. It does so through the enactment and enforcement of accessibility standards. Yet this MPP seems to entirely repudiate that role for the AODA in the context of buildings.

A properly-designed Built Environment Accessibility Standard would not create “red tape and confusion.” A new Built Environment Accessibility Standard could be created while the Ontario Building Code can be modernized, so that they are complementary and mutually reinforcing.

This MPP has never spoken to the AODA Alliance about this, before deciding to publicly reject and disparage the entire idea of an AODA Built Environment Accessibility Standard. That flies in the face of Doug Ford’s written election pledge in his May 15, 2018 letter to the AODA Alliance as follows:

“Building a strong, open dialogue with your organization is most certainly a priority for our party. We encourage you to continue this dialogue and share your ideas and solutions for Ontarians with disabilities.”

  1. PC MPP Natalia Kusendova said:

“Ironically, this motion also calls for greater enforcement of the AODA. When it comes to the issue of enforcement, the Ontario Building Code is as highly enforceable as it gets. Municipal inspectors across the province are already doing this important work, so on the issue of accessibility in the built environment, the building code is the most effective tool that we can use.”

Our Comment:

This PC MPP seems in effect to claim that there is no need for improved AODA enforcement. Yet the Onley Report called for strengthened AODA enforcement, as has the AODA Alliance.

This PC MPP spoke as if the only accessibility enforcement needed is for the built environment. This disregards three important facts:

First, as we mentioned earlier, the Ontario Building Code accessibility provisions are woefully inadequate. To enforce those is to permit new buildings to be built that are replete with accessibility problems.

Second, the enforcement process for the Ontario Building Code, which the MPP points to as our total solution, does not enforce any of the built environment accessibility requirements that any AODA accessibility standards impose.

Third, AODA accessibility standards that require better enforcement relate to many other kinds of accessibility barriers, and not just requirements for the accessibility of the built environment. The Ontario Building Code enforcement does not enforce any requirements for accessibility in customer service, employment, transportation and information and communication. With great respect, it appears that this MPP knows very little about the AODA, or how it is now working, or about the Onley report.

  1. PC MPP Natalia Kusendova said:

“We partnered with OCAD University’s Inclusive Design Research Centre to develop Our Doors Are Open: Guide for Accessible Congregations, which was shared and highlighted at the 2018 Parliament of the World’s Religions conference. This guide offers simple, creative ideas for different faith communities in our province to increase accessibility during worship services and community events.

We also support some of these partners through a program called EnAbling Change. Some recent examples of EnAbling Change projects include a resource guide produced by the Ontario Business Improvement Area Association called The Business of Accessibility: How to Make Your Main Street Business Accessibility Smart. The guide gives helpful tips for businesses on how to become more inclusive and accessible.

We also partnered with the Conference Board of Canada to develop Making Your Business Accessible for People with Disabilities, which is a guide that helps small businesses employ and serve people with disabilities.”

Our Comment:

Once again, the Ford Government seems to be relying on, if not claiming credit for initiatives that were largely if not entirely started under the previous Liberal Government. For example, the “enabling Change” program to which this MPP refers has been around for many years. This is not the new action for which the Onley report called.

May 30, 2019 News Release by NDP Accessibility Critic Joel Harden

May 30th, 2019

Defeating accessibility motion is an insult to people with disabilities: NDP Accessibility Critic

 

QUEEN’S Park – NDP MPP Joel Harden, the Official Opposition critic for Accessibility and Persons with Disabilities, released the following statement in response to the Ford government defeating his motion to take action on accessibility:

“I’m deeply disappointed that Doug Ford’s MPPs voted down our motion calling on the government to release an accessibility action plan, and implement key recommendations from David C. Onley’s third review of the Accessibility for Ontarians with Disabilities Act (AODA). The message this sends to 1.9 million Ontarians with disabilities is that their human rights are not a priority for this government. Eliminating barriers is not ‘red tape’ as the Minister for Seniors and Accessibility and other PC MPPs shamefully said, it’s about ensuring that people with disabilities enjoy the same opportunities as able bodied citizens. People with disabilities deserve so much better than this. Ontario’s New Democrats will keep fighting for a fully accessible Ontario where no one is excluded.”

Ontario Hansard May 30, 2019

Private Members’ Public Business

Accessibility for persons with disabilities

Mr. Joel Harden: I’d like to move the following motion before the House, motion 68, that, in the opinion of this House, the government of Ontario should release a plan of action on accessibility in response to David Onley’s review of the Accessibility for Ontarians with Disabilities Act that includes, but is not limited to, a commitment to implement new standards for the built environment, stronger enforcement of the act, accessibility training for design professionals, and an assurance that public money is never again used to create new accessibility barriers.

Interruption.

The Speaker (Hon. Ted Arnott): I’m going to ask our visitors to refrain from clapping or making any comment or any noise. We’re delighted to have you here, but we need to allow the members to debate.

Mr. Harden has moved private member’s notice of motion number 68. Pursuant to standing order 98, the member has 12 minutes for his presentation.

Once again, I recognize the member for Ottawa Centre.

Mr. Joel Harden: I want to thank my friends in the accessibility gallery and I want to thank my friends in the members’ gallery and the folks in the public gallery who have come here today.

There are a few people I want to acknowledge, Speaker, off the top, because I wouldn’t be doing my job as a critic if our office didn’t take the time over the last number of months to meet with people with lived experience, and people helping folks in the field. I want to acknowledge Anne Mason, Sherry Caldwell, Ashley Caldwell, Carol-Ann Schafer, Richard Aubrey, Peter Vambe, Gerry Boily, Michele Gardner, Farrah Sattaur, Ryan Hooey, Rahima Mulla, Sinead Zalitach, Kirsten Doyle, Lark Barker, David Zivot and their son Sandino Campos. If I’ve missed anybody—Emily, we acknowledged you and your power earlier. Thank you for coming again. Thank you all for being here; thank you indeed.

Interjections.

Mr. Joel Harden: We get to clap for you this time.

Speaker, with your indulgence, I’d like to begin with a gesture of unanimous consent. One of the first things that happened to me was that the great David Lepofsky and Thea Kurdi gave me a t-shirt. I know the rules of the House are such that for a t-shirt with lettering on it, we need to ask for unanimous consent to wear it. It reads, “Disability justice is love.” I’d like to wear this as I make my remarks.

The Speaker (Hon. Ted Arnott): The member for Ottawa Centre is seeking unanimous consent of the House to wear a t-shirt while he makes his presentation. Agreed? Agreed.

Mr. Joel Harden: I wore an extra t-shirt just in case. Thank you, Speaker, and thank you, colleagues. Thank you, David, and thank you, Thea, for the t-shirt.

I begin wanting to wear this shirt because one of the people who got me started in politics was Jack Layton. Some of his closing words to Canadians before Jack died were: “Love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful and optimistic. And we’ll change the world.” I think that’s a fitting note on which to begin, Speaker, captured, I think, by the shirt David and Thea gave to me, because, as I think about what’s before us, given David Onley’s report—according to Mr. Onley, we’re about 30% of the way there to having a truly accessible province with a lot of row to hoe and a lot of barriers that remain.

Minister Cho has mentioned this quotation in the House, and I’ll mention it again too. I think it’s a powerful one from Mr. Onley’s report. Mr. Onley wrote, “Every day, in every community in Ontario, people with disabilities encounter formidable barriers to participation in the vast opportunities this province affords its residents—its able-bodied residents…. For most disabled persons,” however, “Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers.” That captures succinctly what I’ve heard from friends who have lived experience and what, quite frankly, people with disabilities are looking to this Legislature to do, and that’s to act with some urgency.

The Onley report is a call to action like recent climate change reports, quite frankly, are a call to action. What we know is that right now, 1.9 million people in the province of Ontario have a disability of one kind or another, and attached to them are families, loved ones and friends. So I would like to say, as the critic for people with disabilities in this building, that this isn’t just an issue for anyone; this is an issue for all of us. So far as we maintain services, building infrastructure, anything in this province which discriminates against anyone, it’s a human rights matter.

As one person who deputed to a town hall we hosted earlier in April said, “Each and every one of us is one incident away from disability or trauma that requires physical or mental health supports.” We also, Speaker, live in an aging society. In an aging society, we need now to be foreseeing the challenges that we have to have met in order to accommodate that aging society.

I want to talk, for the remainder of my time, about what I’ve heard directly from folks with disabilities who have been so gracious as to inform me, our office and our party about what they believe needs to be done. I want to talk about Blaine Cameron, from back home—hi, Blaine. Blaine is in the chapter of Ottawa ACORN. ACORN is an organization that fights for poor people in this province, in this country and indeed around the world. One of my favourite experiences with Blaine was street canvassing and farmers’ market canvassing. Blaine lives in a scooter—lives in a powered wheelchair. What I found increasingly evident to me, every time I went out with Blaine—because he is easily, and I’m sorry for picking favourites, friends in Ottawa, the most charismatic canvasser we have back home—is that he is unable to go door to door because of the built infrastructure of our city in Ottawa. But he kills at farmers’ markets, Mr. Speaker. The man cannot keep leaflets in his hands. The man gets donations in person constantly because of how powerfully he describes the need for social and economic justice. And what the people of Ottawa are missing, Speaker, given our built infrastructure, is the chance to see Blaine at the door doing what he does best: talking justice and talking fairness. We’re missing out on that because of the way in which Ottawa is designed and the way in which our province is designed.

I want to talk about Rahima Mulla, whom I met in the hall yesterday and whom we’ve interacted with before. I know that members in the government caucus have met with Rahima. She doesn’t get to come here very often to Queen’s Park, Speaker, because there are not always appropriate accessible parking spaces for her. She finds—as I’ve talked to some of my friends up in the accessibility gallery—the narrow runway up there to be very tricky to negotiate. That’s work we have to do, quite frankly, in this building.

I want to talk about Neil, whom I met a number of days ago, earlier this week, a lovely gentleman who came in with a walker. Neil asked me to walk him into the members’ gallery over there and confided to me as we were walking up the aisle that he really didn’t feel it was appropriate that there were stairs in front of the members’ gallery on the floor. He looked forward to a day when people with accessibility needs could be seated on the floor, like when the great Steven Fletcher, a member of the federal Conservative caucus, took his place in the House of Commons, as a person who lives in a wheelchair, on the floor. I look forward to the way in which we can make this building more open so that can happen.

I also want to talk about what we’ve learned in the last number of months from people who have episodic disabilities, Speaker, or what some might call hidden disabilities. I want to talk about Shanthiya Baheerathan, who shared a podium with me earlier this week as she talked about, as a student, what it was like for her to seek accommodation at Ryerson University for her learning disabilities and how difficult it was to self-advocate in an institution which—my experience with Ryerson as an able-bodied person has been quite good, when I’ve been faculty and visiting and running programs there. But the daily struggle to prove her disability because of the nature in which it fluctuates was extremely difficult for her.

Odelia Bay, who is a scholar at Osgoode Hall Law School who has also been here and has testified before the town hall we held earlier in April, has said the same thing: that we need to have an expanded concept of what disabilities are.

Other folks I’ve met in the time that I’ve had here—and it’s thanks to MPP Andrea Khanjin from Barrie–Innisfil, who hosted a reception for people from sickle cell Ontario. Sickle cell disease is something that not enough of us are aware of, Speaker. It is, to sight, an invisible disease. But what I’ve been very saddened to learn, particularly for members of Black and Brown racialized communities, is that when they admit themselves to emergency rooms in great trauma, suffering incredible pain, which is hard for most people to understand, as it has been explained to me, sometimes they’re treated with suspicion upon admission.

I’m not impugning the motives of any of our health care professionals. I love them. I’m married to one. I love the work they do. But the reality of people living with sickle cell disease is such that the University Health researchers in this great city of Toronto have begun to do epidemiological studies to figure out why it is that people are treated differently when they contact their primary health care system when they have black or brown skin. In the most sad of cases, we’ve had people suffer fatalities or serious injuries because they haven’t been able to get the health care they need.

Speaker, I look forward to the debate on this motion. I think it’s an opportunity for us as a Legislature to say, yes, we’re ready. We’re ready to act on Mr. Onley’s report. I salute the fact that the minister has spoken with urgency on the need of work to be done in this place, and I’m here to support you in that work, but what I like about the motion that I proposed for our consideration today is that it tells us: Actually, let’s set some timelines. Let’s set some goals. Let’s require of people who are being trained to design our public infrastructure in our buildings that they should never again do that in a way that discriminates against people with disabilities.

Thank you, Thea, and thank you, David Lepofsky, and thank you, folks who are here with us today, for all of your advice in that regard. And never let any child feel in this province ever again that their learning doesn’t matter to us. Yes, I’m looking at Lark Barker over there, who advocates for dyslexia, people who have stood by children who have felt humiliated as they tried to advance in the public education system, and you’ve been there for them.

As a province, we need to generalize that right across the board. We need to be there for brain-injured people. We need to be there for everybody who deserves what, quite frankly, socialism means for me: an equal-opportunity society where everybody has the chance to develop themselves to their utmost ability and contribute to this wonderful society in which we live. That’s the just society that I first saw embodied in heroes of mine like Jack Layton, Libby Davies, Olivia Chow and others.

When it comes to advocating for people with disabilities, that is something we are perfectly poised to do.

Interjection.

The Acting Speaker (Ms. Jennifer K. French): The member from York Centre will come to order.

Mr. Joel Harden: On a closing note, because I know the member who was just heckling is a Raptors fan just like myself, on a note of levity, I would invite the government to consider a potential revenue source for you to fund a serious accessibility reserve. We know tonight is game one of the NBA finals. We know, unfortunately, that at the moment, businesses can deduct 50% of the cost of tickets against their business income. I’ve got a PhD in political economy, so I ran some numbers, given what people are assessing the cost of tickets to be. What that leads me to believe, Speaker, is that tonight, as we celebrate Canada’s team, about $45 million is being taken out of provincial coffers in write-offs.

Here’s what I would propose to the minister or to the government. I will happily put on a tie, look respectable and go with you to any employer in this province and ask them, “Do you need that business write-off, or do we need that money to make sure that we can make every building in this province accessible, for our health care, our education, our transportation services, and so that this place is open and accessible for people with disabilities?” That is a revenue source we could tap, and I’m here to help you make it happen.

Thanks for listening. I look forward to the debate.

The Acting Speaker (Ms. Jennifer K. French): Further debate?

Hon. Raymond Sung Joon Cho: Madam Speaker, I would also like to warmly welcome all the visitors in the Speaker’s lounge. Welcome to Queen’s Park.

I’m looking forward to discussing this motion because there’s lots of work that needs to be done to tear down barriers in Ontario. We all agree on this.

David Onley’s report talked about these barriers. He called them “soul-crushing barriers,” and Mr. Onley was not the only one who pointed this out. Previous AODA reviews done by Charles Beer and Mayo Moran pointed out many of the same barriers. After 15 years of Liberal government and three reports, not enough progress has been made. In Mr. Onley’s words, “Previous governments have promised much but delivered less than they should have.” He also points out that while rules and regulations are crucial, what is also required to eliminate barriers is a change of heart.

We understand the good intention of this motion, but these solutions lead to more duplication, red tape and high costs for business. One of the barriers that Mr. Onley talks about is a lack of economic opportunities for Ontarians with disabilities. So while we are making Ontario more accessible, we have to proceed carefully. We do not want to put unnecessary red tape and regulations on business. This will actually harm people with disabilities who are seeking employment by limiting their economic opportunities. To put this in perspective, the employment rate for people with disabilities in Ontario is only 58%, compared to 81% for those without disabilities.

Another issue is that of AODA enforcement. In Ontario, there are about 400,000 organizations that are required to comply with the AODA, including small businesses, large businesses, non-profits and governments. When we audit those that are not meeting the AODA requirements, we have found that an extraordinarily high number, about 96%, voluntarily comply once they learn what their obligations are. Isn’t it better that we achieve compliance by reaching out and working with businesses and organizations rather than fining small businesses and driving them out of business?

Madam Speaker, Mr. Onley delivered a thorough and thoughtful report about the barriers many Ontarians face. Since I received the report, my ministry staff have been working across government and with stakeholders to address many of his concerns. Some of his recommendations, like restarting the SDCs, were an opportunity to take action quickly, but other concerns needed greater consideration and consultation to properly address. As the minister, it’s my duty to ensure that we take the appropriate time to carefully consider his recommendations.

The Acting Speaker (Ms. Jennifer K. French): Further debate?

Mr. Chris Glover: It’s an honour to rise today. I’d like to begin my remarks by introducing almost 20 people from Spadina–Fort York and from the city of Toronto who have joined us to be part of this debate. I want to especially thank the MPP for Ottawa Centre, Joel Harden, for bringing forward this motion. I’ll introduce the people who are here. We’ve got Paula Boutis, Heather Vickers-Wong, Madora Rana, Robert Boileau, Alicia Boileau, Mitchell Feinman, Erica Howard, Deborah Fletcher, Dante Wellington, Sherry Caldwell, Ashley Caldwell, Ipek Kabatas, Varla Anne Abrams, Tracy Schmitt—who is also known as “Unstoppable Tracy”—Kati Israel, Michau van Speyk.

I’d like to thank them all for joining us today. Could we give a round of applause to the people who’ve joined us for this debate?

Applause.

Mr. Chris Glover: When I became a school board trustee in 2010, I organized a group that was called the Special Education Forum, and for eight years we advocated for changes to the school system to make it more accessible. I want to thank the people who came to those meetings—and many of them are here in this room—because they taught me about what it’s like, or gave some glimpse of what it’s like, to be a person with disabilities. Some of the most important lessons I learned from some students. There were two students in particular, Terrence Bishundayal and Sarah Jama from Martingrove Collegiate, which is the most accessible high school in Etobicoke. They came one day and they talked about their day in that school.

Terrence pointed out something. He said that the nice thing about that school is that the corners in the corridors are cut at 45 degrees, which, when you’re using an electric wheelchair, makes it much easier to see people coming from another direction so you avoid collisions. The other thing that he pointed out—and I had been a trustee for a few years at this time and I had never noticed it: The front door to that school was not accessible. There was a hot dog stand, and that hot dog vendor is legendary at Martingrove Collegiate. He said that sometimes he had to take his wheelchair down the grassy slope to get to the hot dog vendor, and it was hazardous. I went to the school the next day and I met him. He was sitting in his chair at the top of the steps, and there were snowbanks on either side, so he actually could not get down to the hot dog vendor, and so he had to get one of his friends to go down. This was the front entrance to the most accessible high school in Etobicoke. So we started advocating.

The other thing that I learned through that group and from the disability advocates I’d been working with is the amount of persistence it takes to make change. It took us four years to finally get an accessible ramp on the front entrance of that school, but finally it was done.

The other person who taught me a lot was Sarah Jama. She’s the founder of the Disability Justice Network of Ontario. She taught me about something called universal design. Every Ontario should know this term, “universal design.” Universal design means that when you’re designing a building, you design it so that everybody can use it.

Just imagine, for example, if you built a building that only had women’s washrooms and what that would mean for men who wanted to be employed, potentially, in that building. Where would they go? How would they possibly get employment in that building? So you’ve got to think. If you’re building a building, you’ve got to make it for everybody, for anybody. Whether you’re using a walker or wheelchair, or whether you’re walking in, or whether you have a visual impairment or an auditory impairment, you’ve got to build a building that makes it possible for everybody to be there.

A big part of the problem that comes from not making our buildings with universal design is the unemployment rate. The employment rate among people with disabilities is only 55%, and it’s shameful in this province that we have allowed this to go on. Part of the reason for that, a big part of the reason—and we had a discussion in the committee last week where we were talking about transit—is that our buildings are not accessible and our transit systems are not fully accessible. That’s why it’s so hard for people to get to work if you have disability.

So when we talk about constructing things, when we’re building our subway infrastructure, our buses, we’ve got to make sure that people with disabilities are going to be able to get to work so that they can have employment and get all the benefits that come with employment, including a life that’s not lived in poverty, the social network, all the things you need work for.

The other group that we’ve been working with over the years, the big issue that we’ve been focusing on at this disability advocacy group is employment. I mentioned that it’s only 55% of people with disabilities; that drops to 26% of people with intellectual disabilities. And that is a real shame.

In Washington state, 87% of people with intellectual disabilities have paid employment versus 26% here in Ontario, which means that 60% of people with intellectual disabilities have the potential to work but we have not designed our society in order to invite them and to make our workplaces welcoming to them. So that’s something we really need to focus on, because that’s an incredible amount of potential that is being lost, and it’s lives that are being disrupted and not being lived to their fullest extent, because of the way that we have designed our society.

Let’s see. When the Minister for Seniors and Accessibility was talking about soul-crushing barriers, making inaccessible spaces, making inaccessible transit systems, making inaccessible buildings—these are some of those soul-crushing barriers. We may not think of it because we may not be affected by the design of the buildings that we’re looking at, but I would invite all of the members in this House to please listen to people with disabilities. I’ve learned so much from listening to people like Terrence Bishundayal and Sarah Jama to understand what it means to have a universally designed society where everybody can reach their full potential.

I’m so thankful to the member from Ottawa Centre for bringing forward this motion. I’m absolutely going to support it and I hope the members opposite will support it as well.

The Acting Speaker (Ms. Jennifer K. French): Further debate?

Mr. Rudy Cuzzetto: I’m proud to rise here today to speak to the motion of accessibility. As the minister has already noted, this is not the time to introduce more regulations and more red tape that will just create barriers for new economic opportunities. As David Onley himself said in his report, “the most well-intended rules and regulations sometimes do not get it entirely right.”

I know that the minister is doing a great job working with stakeholders to chart the best path forward to improve accessibility in Ontario. As recognized by Mr. Onley, the built environment continues to be challenging for people with disabilities and for seniors. Our government is taking action on building the environment.

Just last week on May 23, the minister announced that we are partnering with the Rick Hansen Foundation to launch the Rick Hansen Foundation Accessibility Certification program in communities across Ontario. Speaker, the Rick Hansen Foundation is a trusted partner with expertise in this field. With $1.3 million invested over two years, this program will prepare accessibility ratings of businesses and public buildings, and determine the best way to remove barriers for people with disabilities.

Our investment will see ratings done in approximately 250 buildings across Ontario. This program will complement the work we’re doing to reach out and work with businesses and organizations across Ontario, to ensure that they are understanding how they can make their businesses more accessible, and how to comply with the AODA.

To remove barriers on employment, our Employers’ Partnership Table is working to support and create new job opportunities for people with disabilities. The table includes 17 members, representing a range of small, medium and large businesses across Ontario. They’re now working on developing sector-specific business cases—to hire people with disabilities—that will be shared with businesses across Ontario, to help them see the benefits of employing people with disabilities.

About 50% of people with disabilities have a post-secondary education, yet unemployment remains very high in this community. Even though employers are finding that hiring people with disabilities improves the bottom line and increases productivity, much more work needs to be done to raise awareness. A single step can be a barrier for people with certain disabilities, but so is not having a job when you are ready and willing to work.

Our government will also continue to outreach with people with disabilities, and consult with non-profits and industry groups on how to improve accessibility in Ontario. We will continue to consult with businesses and business associations through the Employers’ Partnership Table.

Our goal is to make Ontario open for business for everyone. This is meaningful work that is already under way to improve the lives of people with disabilities. To help businesses better understand the benefits of accessibility, the ministry has taken steps to begin to redesign their website, to make it a more comprehensive one-stop shop on accessibility for the public and businesses, as recommended by Mr. Onley in his report.

In addition to providing resources on accessibility requirements and regulations, we have posted accessibility resources for businesses, to help them understand the benefits of accessibility and break down barriers for people with disabilities.

A business that commits to accessibility sends a strong message that people with disabilities are welcome. For this reason, it is much more likely to attract people with disabilities and their families. This goes for any and all businesses in Ontario that are providing goods and services to the public.

The Acting Speaker (Ms. Jennifer K. French): Further debate?

Ms. Teresa J. Armstrong: It is truly always an honour to rise in this Legislature on behalf of my constituents of London–Fanshawe. It brings me great pleasure today to speak in support of my colleague’s bill, the member from Ottawa Centre’s motion taking action on accessibility with regard to the Accessibility for Ontarians with Disabilities Act review by the Honourable David Onley, Ontario’s 28th Lieutenant Governor. I had the honour of being in the Legislature when the Honourable David Onley was serving as Lieutenant Governor.

Back in 2005—and that was before I was here—all parties at the time in the Legislature unanimously supported the AODA Act. They actually said, “This is not a partisan issue. It’s a non-partisan issue, and we’re all on board. We all agree unanimously that this needs to happen, and it needs to happen by 2025.”

Every three years, they appoint an independent reviewer of the progress of what has been going on, on this act. In 2017, Lieutenant Governor David Onley was appointed to review the act and report back on what was happening.

He did his homework. He went out and toured the province, and he spoke to people. Then he obviously came up with a conclusion on what was reported.

That’s what we need to do. As many people said, we need to listen to the people who have lived experience with disabilities that are physical but also episodic or non-visual, and not only listen but actually take action. Really, 2025 is coming very quickly.

The next review that’s going to happen is in 2020, and as far as I’m concerned, we are behind. I hear the member from the Conservative Party talking about how this is going to be more red tape and it’s going to have barriers for more economic opportunities. In order to get to work, there has to be a pathway to get there, so therefore places have to be accessible. I’m sure that people who are capable of working want to go out and do their part; they want to feel valuable and contribute to society. But if you can’t get to work because there are stairs and there’s no elevator, you can’t say, “You don’t want to work.” There has to be a logical process of how to get people to work, and first we need to make sure that places of work are all accessible. That makes sense.

I think that the member who spoke earlier has it reversed. This is not a red-tape bill. This is not making it harder for economic opportunities for Ontario. This is actually moving the bar forward to getting Ontario into a really positive economic opportunity for everyone. If we don’t support this bill in the House today, I think we’re sending a message to people that it’s not a priority. We’re saying, “You’ve got to get to work, and the government side has said that the best social program is a job.” That’s what they’re saying, but then if you need that to happen, what do you logically believe you need to put in place, what metrics do you need in place, to bring out those outcomes? That’s what they forget. Usually what they say doesn’t sound good to me. They think it sounds good, but they don’t have real steps on how to get there.

Put your money where your mouth is and start making things accessible so then you can have those opportunities for people who have disabilities to explore those jobs that they are so capable of doing and they so want. I hope this government is going to stop thinking so narrow-mindedly when it comes to what they think is best and actually listen to what people are telling them, and then act on that. You’ve done that in a few places when you’ve pulled back legislation. We know that you did that recently with land ambulance, public health and child care. This is your opportunity to do the right thing from the beginning, rather than backtracking. I hope they support this bill, Speaker.

The Acting Speaker (Ms. Jennifer K. French): Further debate?

Ms. Natalia Kusendova: Thank you for the opportunity to speak to this motion. The challenge with this motion is that it is looking to create more duplication, more red tape and confusion around the built environment. Mr. Onley spoke about the need to take action on the built environment to improve accessibility, and we recognize this.

We’ve taken real action through our $1.3-million partnership with the Rick Hansen building certification program, which will see us provide accessibility ratings of an estimated 250 buildings across Ontario. These ratings will not only certify buildings as being accessible, but it will provide a report with directions to buildings about how they can improve their accessibility. This is real action that we are taking now.

David Onley’s report calls for action on the built environment. He notes that reviewing the building code is required. When it comes to this motion, calling for a built environment standard just simply doesn’t make sense. It will create duplication with the Ontario Building Code and cause red tape and confusion.

Ironically, this motion also calls for greater enforcement of the AODA. When it comes to the issue of enforcement, the Ontario Building Code is as highly enforceable as it gets. Municipal inspectors across the province are already doing this important work, so on the issue of accessibility in the built environment, the building code is the most effective tool that we can use.

The Onley report highlights the importance of coordinating Ontario’s accessibility efforts with those of the federal government. As announced in More Homes, More Choice: Ontario’s Housing Supply Action Plan, the government will harmonize our building code with national codes to open new markets for manufacturers and to bring building costs down.

What we are really here to debate is creating a barrier-free Ontario, and a government cannot do this alone. This is why work on Mr. Onley’s recommendations, along with other important initiatives, is ongoing. Our government is working closely with many partners to spread the word about the importance of accessibility.

We partnered with OCAD University’s Inclusive Design Research Centre to develop Our Doors Are Open: Guide for Accessible Congregations, which was shared and highlighted at the 2018 Parliament of the World’s Religions conference. This guide offers simple, creative ideas for different faith communities in our province to increase accessibility during worship services and community events.

We also support some of these partners through a program called EnAbling Change. Some recent examples of EnAbling Change projects include a resource guide produced by the Ontario Business Improvement Area Association called The Business of Accessibility: How to Make Your Main Street Business Accessibility Smart. The guide gives helpful tips for businesses on how to become more inclusive and accessible.

We also partnered with the Conference Board of Canada to develop Making Your Business Accessible for People with Disabilities, which is a guide that helps small businesses employ and serve people with disabilities.

As Mr. Onley recommended, we are working across ministries to inform a whole-of-government approach advancing accessibility. As part of this work, we are working with ministries to look at their policies, programs and services, and identify areas where we can work together to remove the barriers faced by Ontario’s 2.6 million people with disabilities. Speaker, this government is committed to accessibility and improving employment prospects for people with disabilities—

The Acting Speaker (Ms. Jennifer K. French): Thank you. I return to the member for Ottawa Centre, who has two minutes to reply.

Mr. Joel Harden: It’s hard to know what to say. I had hoped that there would be some goodwill here and I leave out hope that we may have some support for this motion, a declaration of intent, Speaker, written not by me but written by David Onley in this report, written by experts with lived experience and who know what it’s like to live in a province that is not accessible to them—not accessible to them.

When I hear words like “red tape,” the hair on the back of my neck stands up because I think about people who can’t get into hospitals, can’t get into schools. I think about children who are being forbidden the opportunity to learn because our services and systems are not accessible to them. And what makes me even angrier, to be honest, although I am trying to be hopeful and optimistic today, is that we are presiding over a province where people tonight will write off $45 million in Raptors game expenses, and we as a province are fine with that. We’re fine with that. Last week we announced $1.3 million in a partnership for people with disabilities, which is less, Speaker, than we pay this government’s Premier’s private lawyer, Gavin Tighe, in salary.

So what people with disabilities are being told is that they matter less than the corporate folks going to the Raptors game tonight, they matter less than the salary we give the lawyer serving the Premier of this province, and that when they ask for better, they are told they are ruining the economy and that it amounts to red tape. That is a really shameful moment for me in this place.

This motion commits us to action. I’m not allowed to ask for money from this government, but I am asking you, on behalf of my friends who are here today and all over this province, to get off the pot and act.

(Later that day in the Legislature after debate on other matters.)

Accessibility for persons with disabilities

The Acting Speaker (Ms. Jennifer K. French): We will deal first with ballot item number 73, standing in the name of Mr. Harden.

Mr. Harden has moved private member’s notice of motion number 68. Is it the pleasure of the House that the motion carry? I heard a no.

All those in favour of the motion will please say “aye.”

All those opposed to the motion will please say “nay.”

In my opinion, the nays have it. We will deal with this vote after we have finished the other business.

(After votes on other matters.)

Accessibility for persons with disabilities

The Acting Speaker (Ms. Jennifer K. French): I’m actually going to seek direction from the table. Is it a five-minute bell right now? Okay.

Call in all the members. This will be a five-minute bell.

The division bells rang from 1531 to 1536.

The Acting Speaker (Ms. Jennifer K. French): Mr. Harden has moved private member’s notice of motion number 68. All those in favour, please rise and remain standing until recognized by the Clerk.

Ayes

  • Armstrong, Teresa J.
  • Begum, Doly
  • Bell, Jessica
  • Berns-McGown, Rima
  • Des Rosiers, Nathalie
  • Fife, Catherine
  • Fraser, John
  • Glover, Chris
  • Harden, Joel
  • Hassan, Faisal
  • Hatfield, Percy
  • Karpoche, Bhutila
  • Lindo, Laura Mae
  • Mamakwa, Sol
  • Mantha, Michael
  • Morrison, Suze
  • Natyshak, Taras
  • Rakocevic, Tom
  • Sattler, Peggy
  • Schreiner, Mike
  • Shaw, Sandy
  • Singh, Gurratan
  • Singh, Sara
  • Stiles, Marit
  • Tabuns, Peter
  • West, Jamie
  • Yarde, Kevin

The Acting Speaker (Ms. Jennifer K. French): All those opposed, please rise and remain standing until recognized by the Clerk.

Nays

  • Anand, Deepak
  • Baber, Roman
  • Babikian, Aris
  • Bailey, Robert
  • Bethlenfalvy, Peter
  • Bouma, Will
  • Calandra, Paul
  • Cho, Raymond Sung Joon
  • Cho, Stan
  • Coe, Lorne
  • Crawford, Stephen
  • Cuzzetto, Rudy
  • Downey, Doug
  • Dunlop, Jill
  • Fedeli, Victor
  • Fee, Amy
  • Ghamari, Goldie
  • Gill, Parm
  • Harris, Mike
  • Hogarth, Christine
  • Jones, Sylvia
  • Kanapathi, Logan
  • Karahalios, Belinda C.
  • Ke, Vincent
  • Khanjin, Andrea
  • Kramp, Daryl
  • Kusendova, Natalia
  • Lecce, Stephen
  • Martin, Robin
  • Martow, Gila
  • McDonell, Jim
  • McKenna, Jane
  • Miller, Norman
  • Mulroney, Caroline
  • Oosterhoff, Sam
  • Pang, Billy
  • Parsa, Michael
  • Pettapiece, Randy
  • Phillips, Rod
  • Piccini, David
  • Rasheed, Kaleed
  • Roberts, Jeremy
  • Sabawy, Sheref
  • Sandhu, Amarjot
  • Sarkaria, Prabmeet Singh
  • Skelly, Donna
  • Smith, Dave
  • Thanigasalam, Vijay
  • Thompson, Lisa M.
  • Tibollo, Michael A.
  • Triantafilopoulos, Effie J.
  • Wai, Daisy

The Clerk of the Assembly (Mr. Todd Decker): The ayes are 27; the nays are 52.

The Acting Speaker (Ms. Jennifer K. French): I declare the motion lost.

Motion negatived.

Summary of the Recommendations of the David Onley AODA Independent Review

  1. Renew government leadership in implementing the AODA.

Take an all-of-government approach by making accessibility the responsibility of every ministry.

Ensure that public money is never used to create or maintain accessibility barriers.

Lead by example.

Coordinate Ontario’s accessibility efforts with those of the federal government and other provinces.

  1. Reduce the uncertainty surrounding basic concepts in the AODA.

Define “accessibility”.

Clarify the AODA’s relationship with the Human Rights Code.

Update the definition of “disability”.

  1. Foster cultural change to instill accessibility into the everyday thinking of Ontarians.

Conduct a sustained multi-faceted public education campaign on accessibility with a focus on its economic and social benefits in an aging society.

Build accessibility into the curriculum at every level of the educational system, from elementary school through college and university.

Include accessibility in professional training for architects and other design fields.

  1. Direct the standards development committees for K-12 and Post-Secondary Education and for Health Care to resume work as soon as possible.
  1. Revamp the Information and Communications standards to keep up with rapidly changing technology.
  1. Assess the need for further standards and review the general provisions of the Integrated Accessibility Standards Regulation.
  1. Ensure that accessibility standards respond to the needs of people with environmental sensitivities.
  1. Develop new comprehensive Built Environment accessibility standards through a process to:

Review and revise the 2013 Building Code amendments for new construction and major renovations

Review and revise the Design of Public Spaces standards

Create new standards for retrofitting buildings.

  1. Provide tax incentives for accessibility retrofits to buildings.
  1. Introduce financial incentives to improve accessibility in residential housing.

Offer substantial grants for home renovations to improve accessibility and make similar funds available to improve rental units.

Offer tax breaks to boost accessibility in new residential housing.

  1. Reform the way public sector infrastructure projects are managed by Infrastructure Ontario to promote accessibility and prevent new barriers.
  1. Enforce the AODA.

Establish a complaint mechanism for reporting AODA violations.

Raise the profile of AODA enforcement.

  1. Deliver more responsive, authoritative and comprehensive support for AODA implementation.

Issue clear, in-depth guidelines interpreting accessibility standards.

Establish a provincewide centre or network of regional centres offering information, guidance, training and specialized advice on accessibility.

Create a comprehensive website that organizes and provides links to trusted resources on accessibility.

  1. Confirm that expanded employment opportunities for people with disabilities remains a top government priority and take action to support this goal.
          1. Fix a series of everyday problems that offend the dignity of people with disabilities or obstruct their participation in society.



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During National Access Abilities Week, Ontario NDP Accessibility Critic Joel Harden Presented a Proposed Resolution for Debate in the Legislature that Called On the Ford Government to Create a Plan to Implement the Report of David Onley’s Independent Review of the Implementation and Enforcement of the Accessibility for Ontarians with Disabilities Act – There are Many Good Reasons Why the Ford Government Should Support this Proposed Resolution


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

During National Access Abilities Week, Ontario NDP Accessibility Critic Joel Harden Presented a Proposed Resolution for Debate in the Legislature that Called On the Ford Government to Create a Plan to Implement the Report of David Onley’s Independent Review of the Implementation and Enforcement of the Accessibility for Ontarians with Disabilities Act – There are Many Good Reasons Why the Ford Government Should Support this Proposed Resolution

June 10, 2019

SUMMARY

A Commendable Effort to Advance the Goal of Accessibility for 1.9 Million Ontarians with Disabilities

Marking Canada’s National Accessibility Abilities Week, Ontario NDP MPP and Accessibility Critic Joel Harden proposed a resolution in the Ontario Legislature for debate on Thursday May 30, 2019. The resolution called on the Government to come up with a plan to implement the report of David Onley’s Government-appointed Independent Review of the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act (AODA). The proposed resolution stated:

“That, in the opinion of this House, the Government of Ontario should release a plan of action on accessibility in response to David Onley’s review of the Accessibility for Ontarians with Disabilities Act that includes, but is not limited to, a commitment to implement new standards for the built environment, stronger enforcement of the Act, accessibility training for design professionals, and an assurance that public money is never again used to create new accessibility barriers.”

We appreciate MPP Harden’s bringing forward this proposed resolution for debate in the Legislature. This is an important issue for over 1.9 million Ontarians with disabilities.

The Onley report found that Ontario remains full of soul-crushing accessibility barriers. It concluded that Ontario is still mostly inaccessible to people with disabilities, and is not a place where people with disabilities can fully participate as equals. It recommended strong new action to substantially speed up progress in Ontario on accessibility, so that Ontario can reach the goal of full accessibility by 2025, the deadline which the AODA imposes.

Why the Ford Government Should Support MPP Joel Harden’s Proposed Resolution

For several reasons, the Ford Government has every reason to find this proposed resolution agreeable, and to support it:

* Last December, Minister for Accessibility and Seniors Raymond Cho stated that the Government was awaiting the Onley Report before it decided how it would proceed in the area of disability accessibility. the Ford Government has now had the Onley Report in its hands since January 31, 2019, a total of 131 days. The Government has shown itself ready and willing to act decisively and very quickly on issues that it considers important.

* The Ford Government has been eager to show voters that it takes a different and better approach to governing Ontario than did the previous Government. The Onley Report shows that the former Government did a poor job of implementing and enforcing the AODA. The new Ford Government has an incentive to do a much better job at this.

* On April 10, 2019, Ontario’s Minister for Accessibility and Seniors Raymond Cho said that David Onley did a “marvelous job” in this report. Speaking for the Ford Government in the Legislature, the minister acknowledged that Ontario is not yet even 30% along the way to becoming accessible.

* MPP Harden’s proposed resolution in key ways tracks commitments that Doug Ford and the Ontario Conservatives made to Ontarians with disabilities during the 2018 Ontario general election. It is in line with the Ford Government’s core messages:

  1. In his May 15, 2018 letter to the AODA Alliance (set out below), spelling out the PC Party’s election pledges on accessibility, Doug Ford committed that our issues regarding accessibility “are close to the hearts of our Ontario PC Caucus and Candidates.”
  1. In his May 15, 2018 letter, Doug Ford recognized:

“Too many Ontarians with disabilities still face barriers when they try to get a job, ride public transit, get an education, use our healthcare system, buy goods or services, or eat in restaurants.”

The Onley Report reached the same conclusion.

  1. The Onley Report found that Ontario is clearly not on schedule to become accessible to people with disabilities by 2025. In his May 15, 2018 letter, Doug Ford committed:

“Making Ontario fully accessible by 2025 is an important goal under the AODA and it’s one that would be taken seriously by an Ontario PC government.”

  1. MPP Harden’s proposed resolution calls for a new plan of action for improved enforcement of the AODA, as the Onley Report recommended. In his May 15, 2018 letter, Doug Ford committed:

“An Ontario PC government is committed to working with the AODA Alliance to address implementation and enforcement issues when it comes to these standards.”

  1. MPP Harden’s proposed resolution calls for new accessibility standards in the area of the built environment and new accessibility training for design professionals (such as architects). The Onley Report showed the need for such actions. In his May 15, 2018 letter, Doug Ford pledged:

“Ontario needs a clear strategy to address AODA standards and the Ontario Building Code’s accessibility provisions. We need Ontario’s design professionals, such as architects, to receive substantially improved professional training on disability and accessibility.”

  1. Mr. Harden’s proposed resolution calls for a plan to ensure that public money is never used to create new disability barriers. The Ford Government has emphasized that it wants to ensure that public money is always used responsibly. In his May 15, 2018 letter to the AODA Alliance, Doug Ford promised a change from the ” government mismanagement” of the previous Government. No one disputes that using public money to create new accessibility barriers is a form of “government mismanagement.”

* Such resolutions in the Legislature are not legally binding. However, they can be viewed as a strong political statement. The Ford Government should not want to be seen as voting against so straightforward a resolution that is important to so many Ontarians, especially since it has repeatedly called itself the “Government for the People.”

* The proposed resolution was worded in a neutral and tempered way. It gives the Government a great deal of flexibility on what it could include in a plan to implement the Onley Report, on what to include in an accessibility standard to address the built environment, on how to strengthen AODA enforcement, and on how to ensure that public money is no longer used to create new accessibility barriers. The resolution’s wording neither states nor implies any criticism of the Government, nor any partisan arguments or claims against the Ford Government.

* When the Ontario Conservatives last formed a government in Ontario, under Premier Mike Harris, they voted for each of the three resolutions on proposed accessibility legislation that the opposition presented in the Legislature on behalf of the AODA Alliance’s predecessor coalition, the Ontarians with Disabilities Act Committee. For a trip down memory lane, check out the text of the different resolutions which the Ontario Legislature unanimously passed on May 16, 1996, October 29, 1998 and November 23, 1999 regarding the need for accessibility legislation in Ontario.

What Happened in the Legislature on the Day Before It Was to Debate Joel Harden’s Proposed Resolution?

How would the Ford Government respond to this proposed resolution? On May 29, 2019, the day before Mr. Harden’s proposed resolution was scheduled to be debated in the Legislature, Mr. Harden raised this in Question Period. He Pressed the Government to commit to action to make disability accessibility a priority, given that it was then National Access Ability Week. Below we set out the transcript of the exchange that day during Question Period. We offer these observations about that exchange:

  1. Minister for Accessibility and Seniors Raymond Cho stated:

“Last week, we announced further details of our plan to partner with the Rick Hansen Foundation on their building certification program. This $1.3 million that we’re investing will allow us to perform accessibility audits on over 200 buildings over the next two years.”

The Government has elsewhere said this would lead to certification or audit of 250 buildings over two years.

We have serious and substantial concerns with this. First, as reiterated in our May 17, 2019 AODA Alliance Update, we have for years made it clear that we do not agree with investing public money in a private accessibility certification process, no matter who is operating it. It is an inappropriate use of public money. The Government should instead spend that money on AODA implementation and enforcement.

Second, the minister said that the Rick Hansen Foundation is conducting those building audits as “us” i.e. the Ontario Government. Yet there is no public accountability for this private accessibility certification process, for the measures of accessibility it chooses to use, and for how it goes about its business. If the Ontario Government is to do a building audit, it should be conducted by public auditors with a public mandate and public accountability, based on accessibility standards that the public sets through the Government.

  1. Minister for Accessibility and Seniors Raymond Cho understandably blamed the previous Liberal Government for insufficient action on accessibility. However, the minister then cast some of the blame on the New Democratic Party for the former Liberal Government’s poor record on accessibility. The minister said:

“The previous government for the last 15 years did very little, like the Honourable David Onley said. The last 15 years, the NDP supported the last government, so you are on the same team.

The soul-crushing barriers Mr. Onley outlined were also highlighted in the first two AODA reviews by Charles Beer and Mayo Moran. This report is an indictment of the previous government, which your party supported for 15 years.”

While we don’t wade into partisan political bickering in the Legislature, we are not aware of any support by the NDP of the former Government’s slow action on accessibility. To the contrary, the NDP helped us press the previous Liberal Government to take swifter action on accessibility.

  1. The Minister for Accessibility and Seniors also stated:

“Our government is carefully reviewing Mr. Onley’s report, which we made public faster than either previous report.”

It is true that the Ford Government made public the Onley Report quicker than the previous Government made public the 2010 AODA Independent Review by Charles Beer or the 2014 AODA Independent Review report by Mayo Moran.

However, by May 29, 2019, the date of this exchange in Question Period in the Legislature, the Ford Government had had ample time to study the Onley Report and arrive at a plan of action.

So—What Happened with Joel Harden’s Proposed Resolution?

So, what happened to Joel Harden’s proposed resolution? Was it passed or defeated during

debates in the Legislature on May 30, 2019? For the answer to this suspenseful question, watch for the next AODA Alliance Update. Same AODA Alliance time. Same AODA Alliance channel!

Below we set out:

* The text of NDP MPP Joel Harden’s resolution that he presented to the Ontario Legislature on May 30, 2019.

* NDP MPP Joel Harden’s May 27, 2019 news release, announcing that his proposed resolution would be debated in the Legislature on May 30, 2019

* NDP MPP Joel Harden’s guest column in the May 30, 2019 Ottawa Citizen. It explained the resolution that Mr. Harden was seeking to get the Legislature to pass that day. It refers, among other things, to the AODA Alliances efforts on accessibility, and to the online video about public transit accessibility barriers that we made public in May, 2018, and

* A transcript of the May 29, 2019 question that MPP Joel Harden asked the Ford Government during Question Period regarding his proposed resolution on the AODA.

* Text of the May 15, 2018 letter from PC Leader Doug Ford to the AODA Alliance, setting out his party’s 2018 election promises on disability accessibility.

          MORE DETAILS

Text of the Private Member’s Motion by Joel Harden, NDP Accessibility Critic, Debated in the Ontario Legislature on May 30, 2019

That, in the opinion of this House, the Government of Ontario should release a plan of action on accessibility in response to David Onley’s review of the Accessibility for Ontarians with Disabilities Act that includes, but is not limited to, a commitment to implement new standards for the built environment, stronger enforcement of the Act, accessibility training for design professionals, and an assurance that public money is never again used to create new accessibility barriers.

May 27, 2019 Ontario NDP News Release

May 27th, 2019

NDP MPP for Ottawa Centre calls on Ford to implement recommendations from AODA third review

QUEEN’S PARK — The Ontario NDP critic for Accessibility and Persons with Disabilities, Joel Harden (Ottawa Centre), held a press conference today to introduce his private member’s motion, which calls on the Ford government to implement key recommendations from David Onley’s third legislative review of the Accessibility for Ontarians with Disabilities Act (AODA).

“The over 1.9 million Ontarians who live with disabilities face constant barriers to their participation in areas including employment, education, health care and recreation,” Harden said. “As the population ages, the number of people living with a disability will grow.”

The AODA seeks to make Ontario fully accessible by 2025; every three years, an independent reviewer is appointed to assess the Act’s effectiveness.

“Former Lieutenant Governor David Onley’s third legislative review of the AODA, which was informed by consultations with the disability community and tabled in the Legislature on March 8, makes the disconcerting assertion that, ‘For most disabled persons, Ontario is not a place of opportunity, but one of countless, dispiriting, soul-crushing barriers,’” said Harden.

“The Liberals dragged their feet on meeting the AODA’s target, and now the Ford Conservatives are dragging Ontario further backwards, neglecting to lay out a plan of action to implement Onley’s recommendations. The recommendations include a commitment to implementing new standards for Ontario’s built environment, stronger enforcement of the AODA, accessibility training for design professionals such as architects and an assurance that public funds won’t be used to create new accessibility barriers.”

At the conference, Harden was joined by Shanthiya Baheerathan of the Disability Justice Network of Ontario and Kate Chung of the Older Women’s Network, who both spoke about the need for a more accessible Ontario.

“I, myself, had to fight for years to have my disability recognized and accommodated by my university, and in that process I lost years of my life,” Baheerathan relayed. “Enforcing AODA would work towards ensuring that no other 18-year-old need to waste time overcoming barriers and advocating for an accessible space to learn. Instead, they could use that time and energy to actually learn.”

Chung said it won’t cost the government anything to change building code standards to ensure housing is built accessibly for the many Ontario seniors and people with disabilities who need it. “Yet, it will save millions in health care dollars for vast numbers of people, it will reduce the demand for long-term care beds, and end ‘bed-blocking’ in hospitals.”

“Ontarians with disabilities deserve to have a government that listens to their needs and takes concrete action to reduce the barriers that prevent them from enjoying a full life. The Ford government must act now and implement the Onley report’s key recommendations,” Harden said.

Harden’s motion will be debated in the Legislature on May 30.

Ottawa Citizen May 30, 2019

Originally posted at: https://ottawacitizen.com/opinion/columnists/harden-ontarios-accessibility-standards-are-falling-woefully-short

Harden: Ontario’s accessibility standards are falling woefully short

Joel Harden

Outgoing Ontario Lieutenant-Governor David Onley is saluted while arriving for his last full day in office at Queen’s Park in Toronto on Monday, September 22, 2014. A former Ontario lieutenant-governor tasked with reviewing the disability legislation says the province is nowhere near meeting its stated goal of full accessibility by 2025. Darren Calabrese / THE CANADIAN PRESS

For an able-bodied person, whether the pillars on the platform of a train station or bus stop are straight or angled is easily taken for granted. For someone who is sight impaired, an angled pillar can mean the difference between constantly bumping one’s head or shoulder on a part of the pillar that can’t be anticipated by a cane, or being able to commute without threat of pain or injury.

This distinction, which David Lepofsky, chair of the Accessibility for Ontarians with Disabilities Act Alliance, demonstrates in a video he posted online last spring, is just one of countless examples of Ontario’s standards of accessibility falling short of the disability community’s needs.

For the more than 1.9 million Ontarians who live with disabilities, lack of accessibility is an ongoing barrier to participation in things like education, employment, transit and recreation. From public space design to health care to public information, Ontario’s accessibility standards are nowhere near where they need to be to meet peoples’ needs, nor where the province pledged they would be in the 2005 Accessibility for Ontarians with Disabilities Act (AODA).

On Thursday, the legislative assembly at Queen’s Park will debate my private member’s motion, which calls on the Ford government to implement key recommendations from the third legislative review of the AODA. The AODA mandates the standards that public, private and non-profit sector entities must adhere to in the areas of customer service, public space design, communications, transportation and employment. It has set a firm deadline to make Ontario fully accessible for people with disabilities by the year 2025 — a target that, in 2019, no longer feels far off.

To ensure the AODA stays on track, every three years, an independent, non-partisan reviewer is appointed to consult with the disability community and assess whether the AODA and its standards are doing what they’re supposed to do — making Ontario more accessible — plus recommending additional steps as needed, to meet the 2025 obligation.

Conducted by David Onley, the former lieutenant governor of Ontario and a disability rights advocate, the AODA’s third review should be a major call to action for Ontarians, and certainly, for the Ford government. Onley’s report paints a grim picture of the status quo for people with disabilities in this province, and portrays the sluggish pace at which Ontario is moving when it comes to setting or enforcing accessibility standards.

In his report, submitted to the Ford government on Jan. 31, 2019, Onley writes that the AODA’s vision has turned out to be “a mirage.”

“Every day, in every community in Ontario, people with disabilities encounter formidable barriers to participation in the vast opportunities this province affords its residents – its able-bodied residents,” he writes. “For most disabled persons, Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers.”

Onley’s words echo the frustrations I heard from the dozens of Ontarians living with disabilities who traveled from across the province to attend an April 10 town hall on accessibility that our office held at Queen’s Park. Several of my fellow NDP MPPs joined Lepofsky, Sarah Jama, co-founder of the Disability Justice Network of Ontario, and myself, to listen to account after account of people fed up with Ontario’s agonizingly slow progress towards accessibility. Many spoke of the daily barriers they face that stop them living full lives.

Onley’s key recommendations to the government include committing to implementing new standards for our built environment, stronger enforcement of the AODA, accessibility training for design professionals and an assurance that public money never again be used to create new accessibility barriers.

The Ford Conservatives should establish a clear plan of action for getting Ontario on track to meet its AODA obligations. I invite the government to vote with the NDP on Thursday, and implement Onley’s key recommendations right away, so that Ontarians with disabilities no longer have to wait to live the full lives they deserve.

Joel Harden is the Ontario NDP critic for accessibility and persons with disabilities, as well as

the MPP for Ottawa Centre.

Ontario Hansard May 29, 2019

Question Period

Accessibility for persons with disabilities

Mr. Joel Harden: My question is for the Premier. This week is National AccessAbility Week. While we’ve made strides and progress in this province, it’s thanks to disability rights activists around our towns and cities. Unfortunately, the previous government paid lip service to the goal of accessibility, and this government is on track to do the same.

During the election campaign, the Premier promised stronger enforcement of accessibility laws, a clear strategy to meet accessibility standards, examining our building code requirements for accessibility provisions and requiring design professionals to have accessibility training. But we didn’t hear any announcement in the budget on this, and I’m wondering why there’s no prioritization of accessibility during National AccessAbility Week for this government.

Hon. Victor Fedeli: To the Minister for Seniors and Accessibility.

Hon. Raymond Sung Joon Cho: I thank the member of the opposition for raising the important question. I want to assure this House that this government takes our responsibilities for Ontarians living with disabilities very seriously.

Last week, we announced further details of our plan to partner with the Rick Hansen Foundation on their building certification program. This $1.3 million that we’re investing will allow us to perform accessibility audits on over 200 buildings over the next two years.

We know there’s more to do, but it’s also time for real action and we are taking it right now.

The Speaker (Hon. Ted Arnott): Supplementary question.

Mr. Joel Harden: To put that in perspective, to what the minister said, $1.3 million is less than what the Premier of this government is spending on his own personal lawyer in his office, Mr. Gavin Tighe.

People with disabilities deserve more from this government. We know that the last government talked a great talk but delivered very little. We know that Queen’s Park, the very building in which you and I are working, is not fully accessible. That is true across this province: Health care, education, transportation and our spaces of recreation remain inaccessible, Speaker, and we are obliged by law to make this province fully accessible by 2025.

Tomorrow, we are going to be introducing a private member’s motion that will require us, as a Legislature, to set clear targets on accessibility. I have a very clear question for the Premier or for the minister: Will you be supporting this motion tomorrow?

Hon. Raymond Sung Joon Cho: I will repeat what the opposition member said. The previous government for the last 15 years did very little, like the Honourable David Onley said. The last 15 years, the NDP supported the last government, so you are on the same team.

The soul-crushing barriers Mr. Onley outlined were also highlighted in the first two AODA reviews by Charles Beer and Mayo Moran. This report is an indictment of the previous government, which your party supported for 15 years.

Our government is carefully reviewing Mr. Onley’s report, which we made public faster than either previous report. I will respond to your motion tomorrow.

May 15, 2018 Letter from PC Leader Doug Ford to the AODA Alliance

May 15, 2018

David Lepofsky, Chair

Accessibility for Ontarians with Disabilities Act Alliance (AODA Alliance)

Dear David,

The Ontario PC Party is pleased to respond to the AODA Alliance’s survey for the 2018 Ontario election. Our team is focused on providing a clear alternative to voters. After 15 years of high taxes and government mismanagement under the Wynne Liberals, the people of Ontario are ready for change.

Your issues are close to the hearts of our Ontario PC Caucus and Candidates, which is why they will play an outstanding role in shaping policy for the Ontario PC Party to assist Ontarians in need.

Too many Ontarians with disabilities still face barriers when they try to get a job, ride public transit, get an education, use our healthcare system, buy goods or services, or eat in restaurants.

Whether addressing standards for public housing, health care, employment or education, our goal when passing the AODA in 2005 was to help remove the barriers that prevent people with disabilities from participating more fully in their communities.

For the Ontario PCs, this remains our goal. Making Ontario fully accessible by 2025 is an important goal under the AODA and it’s one that would be taken seriously by an Ontario PC government.

Christine Elliott, our former Health Critic and Deputy Leader, has been a tireless advocate for Ontarians with disabilities. Ms. Elliott called to establish the Select Committee on Developmental Services, with a mandate to develop a comprehensive developmental services strategy for children, youth and adults in Ontario with an intellectual disability or who are dually diagnosed with an intellectual disability and a mental illness.

When it comes to people with disabilities, we have a moral and an economic responsibility to focus on their abilities and not just on what holds them back. Our family members, friends and neighbours who have a disability of some kind are a wellspring of talent and determination.

There’s no good reason why a person with a disability should not be able to cast a vote in an election. It’s also completely unacceptable that someone should be passed over for a job because of the myth that people with disabilities can’t do the work. We have a moral and social responsibility to change this.

This is why we’re disappointed the current government has not kept its promise with respect to accessibility standards. An Ontario PC government is committed to working with the AODA Alliance to address implementation and enforcement issues when it comes to these standards.

Ontario needs a clear strategy to address AODA standards and the Ontario Building Code’s accessibility provisions. We need Ontario’s design professionals, such as architects, to receive substantially improved professional training on disability and accessibility.

The Ontario PC Party believes our education system must minimize barriers for students with disabilities, providing the skills, opportunities and connections with the business community that are necessary to enter the workforce.

Building a strong, open dialogue with your organization is most certainly a priority for our party. We encourage you to continue this dialogue and share your ideas and solutions for Ontarians with disabilities.

When I am elected Premier on June 7th, I promise I will focus on investing in the priorities that matter most to the people of Ontario. Jobs and economic development will be a key focus, and Ontario will be open for business again.

In the coming weeks, our team will be releasing our platform of policies and priorities and a clear vision for a prosperous Ontario.

If you have any further questions please feel free to reach out at any time.

Sincerely,

Doug Ford

Leader, Ontario PC Party



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A Toronto Star News Report and New Editorial Together Show Why the Ford Government Must Now Announce a Comprehensive Plan to Substantially Improve the Implementation and Enforcement of the Accessibility for Ontarians with Disabilities Act


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

A Toronto Star News Report and New Editorial Together Show Why the Ford Government Must Now Announce a Comprehensive Plan to Substantially Improve the Implementation and Enforcement of the Accessibility for Ontarians with Disabilities Act

June 5, 2019

                    SUMMARY

On May 21, 2019, the Toronto Star published a report, set out below, that accounted a troubling employment barrier that a job-seeker with a disability has recently faced in Ontario. On May 27, 2019, the Toronto Star published a powerful follow-up editorial on this issue, also set out below.

This editorial was published during National Accessibility Abilities Week in Canada. This is the 15th time a media editorial has backed an issue on which we have been campaigning during the past 25 years of our non-partisan campaign for accessibility.

Here are four important comments on these two newspaper items.

  1. These reports describe an event in our province that, sadly, is not an isolated or unique incident. This incident is just one of many examples that show how far Ontario lags behind when it comes to meeting the goal of becoming accessible to people with disabilities by 2025. In the workplace, people with disabilities continue to face disability barrier after barrier. The result is an unfairly high unemployment rate facing people with disabilities. We have often quoted former Ontario Lieutenant Governor David Onley, who said that the unemployment rate facing people with disabilities in Canada is not only a national crisis – It is a national shame.
  1. In the face of recurring situations like this, the current Ontario Government has no comprehensive plan of action to meet the goal of full accessibility by 2025. The Ford Government has now been in power for almost one year. It has promised to be a “government for the people”. Yet 1.9 million people with disabilities in Ontario don’t seem to be treated as a full and equal part of “the people”.

A readily-available plan of action is available to the Ford Government, if only it would put it into action. It is the plan of action set out in the Independent Review of the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act that former Lieutenant Governor David Onley submitted to the Government on January 31, 2019. That report largely incorporates recommendations that the AODA Alliance presented to the Onley Review.

There have now been 126 days since the Ford Government received the David Onley Report. Yet the Government has still announced no comprehensive plan to implement that report. This is so even though back on April 10, 2019, Ontario’s Accessibility Minister Raymond Cho said in the legislature that Mr. Onley did a “marvelous job” and that Ontario isn’t 30% towards its goal of being accessible to Ontarians with disabilities by 2025, the deadline that the AODA requires. Moreover, last December, the Ford Government said that it was waiting for the Onley Report before it decided how to proceed to address the disability accessibility issue.

  1. It is encouraging and very much appreciated that the media again came to the AODA Alliance to comment on the broader implications of stories such as these. Indeed, the May 21, 2019 Toronto Star article quoted and drew upon the May 17, 2019 AODA Alliance Update as follows:

“Accessibility advocate David Lepofsky praised Judge for trying to hold Holland Bloorview and the city to account, but said the problem ultimately lies with Queen’s Park and its lack of action on the Accessibility for Ontarians with Disabilities Act (AODA).

As noted in a government review of the legislation by former lieutenant-governor David Onley, people with disabilities face “soul-crushing” barriers in their daily lives, particularly when trying to access public and private buildings. And without a renewed commitment and immediate action, Ontario would not meet the law’s goal of making the province fully accessible for its 1.9 million residents with disabilities by 2025, he said.

Onley’s report, released in March, calls for stronger enforcement and repeated earlier calls for the province to develop new accessibility standards for both new construction and building retrofits, Lepofsky noted.

“The government has announced no plans to implement the report’s spectrum of recommendations, even though (Accessibility Minister) Raymond Cho said in the legislature that David Onley did a ‘marvellous job’ and that Ontario has only progressed 30 per cent towards its target of becoming fully accessible to people with disabilities,” Lepofsky said.

Although Ontario’s April budget earmarked $1.3 million over two years for the Rick Hansen Foundation to help finance a private accessibility certification process, Lepofsky said public money should be spent to fund Onley’s recommendations.

“The Onley report recommended important and much-needed measures to address disability barriers in the built environment that the Ford government has not yet agreed to take,” he said. “It did not recommend spending scarce public money on a private accessibility certification process.””

  1. It is also very encouraging to us and to all who support and take part in our ongoing grassroots accessibility campaign that the Toronto Star added its important voice to ours in its May 27, 2019 editorial, set out below. That editorial called for the Ford Government to take action on the Onley Report. It also echoed our disagreement with the Ontario Government’s spenting 1.3 million public dollars on the problematic strategy of a private accessibility certification process – in this case, the one being offered by the Rick Hansen Foundation. The editorial stated:

“Onley’s report was both a withering indictment of how far (or, rather, not far) we’ve come and a guide to help get Ontario on track.

He called attention to the still extensive barriers in the built environment – such as the corridor too narrow for an adult wheelchair that kept Judge from getting her dream job – and the need for better accessibility rules, which the province is far too slow in developing, let alone implementing.

He recommended tax breaks for those improving accessibility in public and private buildings, training for architects in inclusive design and dramatically boosting enforcement. In total, he made 15 recommendations in his report, which was released two months ago.

The Ford government, by way of Raymond Cho, the minister for seniors and accessibility, thanked Onley for a “marvellous job.” Then, seemingly, it shelved his report.

It has not acted with any urgency on his recommendations. Instead, in its April budget – a month after Onley’s report – the government opted to put $1.3 million into financing a private accessibility rating system.

For a building to be certified under the Rick Hansen Foundation’s accessibility program, its “public entrance and all its key functional spaces and amenities must be physically accessible for everyone.”

The province already knows well how poorly it’s doing on that front and how few buildings will meet the gold standard. The minister himself claims Ontario’s “accessibility is not done even 30 per cent.”

So, as worthy as the foundation’s certification program may be, a government that is earmarking so few resources for accessibility as this one would do better to spend them removing actual barriers than on handing out certificates and window decals to the good buildings.

Only then will the province be moving toward its promise to “ensure people with disabilities have the support and resources they need to live fulfilling and productive lives.”

Because right now, as Onley wrote, for “most disabled persons, Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers.””

We know we’ve been sending out more Updates than usual, in order to get you caught up on recent developments. Stay tuned for more news on this issue over the next days. And always feel free to send us your feedback. Write us at [email protected]

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Toronto Star May 21, 2019

Originally posted at https://www.thestar.com/news/gta/2019/05/19/toronto-preschool-for-kids-with-disabilities-cant-accommodate-staff-who-use-wheelchairs.html

She lost out on a job working with disabled kids – because she uses a wheelchair

Laurie Monsebraaten

The Toronto Star May 21, 2019

As a wheelchair user with cerebral palsy, Ashleigh Judge has faced barriers all her life. But the Toronto early childhood educator didn’t expect to be turned down for a job in a preschool that serves children with disabilities because the building is inaccessible.

“It’s not the first time I have faced this problem,” said Judge, 33.

“But it’s the first time it was so blatant. It was really disappointing, especially coming from an agency that should be doing better.”

Holland Bloorview Kids Rehabilitation Hospital has been operating Play and Learn Nursery School in a city building on Eglinton Ave. W. for 33 years. Although the Forest Hill-area program is on the main floor, it does not have an accessible washroom and the classrooms are located off a hallway that is too narrow for an adult wheelchair.

Judge says she is happy to use the accessible washroom in the library next door, but wonders why the city’s leading agency serving children with disabilities has done so little to make the learning space more accessible.

Stewart Wong, a spokesperson for Holland Bloorview, says the hospital’s main campus near Bayview and Lawrence Aves. is fully accessible, as is a community-based preschool in Scarborough. But he acknowledges the Play and Learn site is not.

“We have spoken to the city about accessibility issues,” Wong said.

“We have worked really hard to be as inclusive as possible in everything that we do. But working in buildings that are decades old presents a challenge.”

The hospital has not considered moving Play and Learn, Wong said, but would “welcome a conversation to explore more accessible options.”

Judge called the office of area Councillor Mike Colle in early April with her concerns, but never heard back.

When the Star contacted Colle’s office last week, the councillor said he sympathizes with Judge.

“People with disabilities have enough problems without having difficulty getting jobs because buildings are inaccessible,” said Colle, who represents Ward 8 (Eglinton-Lawrence).

As part of a city audit of the building last year, the Play and Learn site has been targeted for an accessibility upgrade in early 2020, he said.

“I don’t know if Holland Bloorview knew that, but the city is on track to make those upgrades in January or February next year,” he said.

“I will certainly be keeping an eye on it and make sure our facilities manager also knows there is an interest here.”

Judge is pleased the city is planning to renovate the building, but is frustrated it has taken so long, noting she first raised the issue with Holland Bloorview in 2017 during its “Dear Everybody” accessibility awareness campaign, and that the province introduced accessibility legislation in 2005.

“This is the first I am hearing about it,” she said about the planned retrofit.

“And you’d think Holland Bloorview would have told me if they knew about it. It makes me wonder if the city is doing this just because (the Star) called.”

Judge has an honours BA in psychology from York University along with Seneca College certificates in rehabilitation services and life skills coaching.

In 2011, she obtained her early childhood education diploma from George Brown College and has just completed certification as an early childhood resource consultant to work with kids who have special needs.

Over the years, Judge has worked at March break and summer camps at Holland Bloorview and logged more than 500 volunteer hours at the hospital.

“I grew up in the system. I know what it’s like and I think I have a lot to offer,” she said.

“I also think I would be a good role model for the children – and their parents.”

Judge says she is well qualified and physically able to work in a preschool setting. She has worked part-time jobs with the city’s EarlyOn child and family centres since 2015. She has no trouble picking up small children and can change diapers using a lower change table.

“When I saw a chance to work at Holland Bloorview, I jumped at it,” she said of the two permanent part-time jobs that were posted at Play and Learn last December.

According to a memo from the preschool staff shared with the Star, Judge “gave an excellent interview” for the position, “has a lot to offer children and families at Holland Bloorview” and would be “well suited for a wide variety of roles working with both children and families.”

Judge says she told the preschool she could rearrange her school schedule to start when needed.

But staff told her the building’s inaccessible hallways were an insurmountable barrier to Judge’s employment there. Undeterred, Judge asked if the program could accommodate her in its accessible Scarborough location. And if there were no positions there, she asked if the hospital would commit to offering her the next position that became vacant that matched her skill set.

“I also told them I would be willing to help them advocate to renovate the Eglinton Ave. location,” Judge said.

Judge says her advocacy offer was ignored and that her request for placement in the next available position was met with a long email from human resources, telling her the hospital follows strict hiring protocols and procedures and that she would have to apply like everyone else.

“It was pretty frustrating. What happens when the kids they’re serving now get older and they want to come back and get a job with Holland Bloorview?” she said.

“Advocacy and accessibility and the need for inclusiveness don’t stop when you turn 18.”

The hospital doesn’t comment publicly on personnel matters, Wong said. But he said it has specialized staff teams that work with job applicants and current employees to make the workplace accessible.

The hospital is also committed to helping youth find meaningful employment as adults and offers a wide range of services, including volunteer opportunities, employment training programs and supported job placements, he said.

“We have lots of programming that opens up a world of inclusion for persons with disability.”

Accessibility advocate David Lepofsky praised Judge for trying to hold Holland Bloorview and the city to account, but said the problem ultimately lies with Queen’s Park and its lack of action on the Accessibility for Ontarians with Disabilities Act (AODA).

As noted in a government review of the legislation by former lieutenant-governor David Onley, people with disabilities face “soul-crushing” barriers in their daily lives, particularly when trying to access public and private buildings. And without a renewed commitment and immediate action, Ontario would not meet the law’s goal of making the province fully accessible for its 1.9 million residents with disabilities by 2025, he said.

Onley’s report, released in March, calls for stronger enforcement and repeated earlier calls for the province to develop new accessibility standards for both new construction and building retrofits, Lepofsky noted.

“The government has announced no plans to implement the report’s spectrum of recommendations, even though (Accessibility Minister) Raymond Cho said in the legislature that David Onley did a ‘marvellous job’ and that Ontario has only progressed 30 per cent towards its target of becoming fully accessible to people with disabilities,” Lepofsky said.

Although Ontario’s April budget earmarked $1.3 million over two years for the Rick Hansen Foundation to help finance a private accessibility certification process, Lepofsky said public money should be spent to fund Onley’s recommendations.

“The Onley report recommended important and much-needed measures to address disability barriers in the built environment that the Ford government has not yet agreed to take,” he said. “It did not recommend spending scarce public money on a private accessibility certification process.”

Toronto Star May 27, 2019

Originally posted at https://www.thestar.com/opinion/editorials/2019/05/27/ontario-is-falling-short-on-breaking-down-barriers.html

Editorial

The barriers are still up

An early childhood educator who is uniquely qualified to work in a preschool for disabled children couldn’t get the job because the building isn’t fully accessible for wheelchairs.

Surely this is just what former Ontario lieutenant-governor David Onley meant when he wrote of the “soul-crushing” barriers that people with disabilities face in their daily lives.

Ashleigh Judge, a wheelchair user with cerebral palsy, has worked incredibly hard to make her way in a world that is clearly not designed for her, and

the Ontario government has failed her by not moving quickly enough or thoroughly enough to change that, as it is required by law to do.

Judge is not the only person who is unable to fully contribute to the workforce and broader community because of the barriers she encounters. She’s just one of the 1.9 million Ontarians with a disability.

But when a woman with a disability can’t get a job working with children with disabilities because a City of Toronto building isn’t up to the task, that really should be a wake-up call about how far Ontario is from meeting its legal obligation to create a barrier-free province.

In 2005, Ontario passed the Accessibility for Ontarians with Disabilities Act (AODA). It requires the province to be fully accessible by 2025.

It was groundbreaking legislation when it was introduced; it even served as a blueprint for other jurisdictions.

But, as Onley said in his recent review of that legislation, “14 years later, and the promised accessible Ontario is nowhere in sight.”

To make matters worse, the province is now all but certain to miss its legislated deadline of 2025.

Onley’s report was both a withering indictment of how far (or, rather, not far) we’ve come and a guide to help get Ontario on track.

He called attention to the still extensive barriers in the built environment – such as the corridor too narrow for an adult wheelchair that kept Judge from getting her dream job – and the need for better accessibility rules, which the province is far too slow in developing, let alone implementing.

He recommended tax breaks for those improving accessibility in public and private buildings, training for architects in inclusive design and dramatically boosting enforcement. In total, he made 15 recommendations in his report, which was released two months ago.

The Ford government, by way of Raymond Cho, the minister for seniors and accessibility, thanked Onley for a “marvellous job.” Then, seemingly, it shelved his report.

It has not acted with any urgency on his recommendations. Instead, in its April budget – a month after Onley’s report – the government opted to put $1.3 million into financing a private accessibility rating system.

For a building to be certified under the Rick Hansen Foundation’s accessibility program, its “public entrance and all its key functional spaces and amenities must be physically accessible for everyone.”

The province already knows well how poorly it’s doing on that front and how few buildings will meet the gold standard. The minister himself claims Ontario’s

“accessibility is not done even 30 per cent.”

So, as worthy as the foundation’s certification program may be, a government that is earmarking so few resources for accessibility as this one would do better to spend them removing actual barriers than on handing out certificates and window decals to the good buildings.

Only then will the province be moving toward its promise to “ensure people with disabilities have the support and resources they need to live fulfilling and productive lives.”

Because right now, as Onley wrote, for “most disabled persons, Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers.”

That’s why Judge is not wheeling her way down the hallway to her dream job working with preschoolers.



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CBC National News Reveals Appalling Incidents of Accessibility Failures in Air Travel in Canada – Yet More Proof that the Canadian Transportation Agency has been Ineffective at Ensuring Accessibility for Air Travel Passengers with Disabilities in Canada


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

CBC National News Reveals Appalling Incidents of Accessibility Failures in Air Travel in Canada – Yet More Proof that the Canadian Transportation Agency has been Ineffective at Ensuring Accessibility for Air Travel Passengers with Disabilities in Canada

June 4, 2019

          SUMMARY

On June 2 and 3, 2019, CBC TV and radio national news broke a story of two appalling failures to ensure proper accessibility for air travel passengers in Canada. These were two episodes at the Vancouver Airport where passengers using wheelchairs were left stranded in the airport for hours by airline ground assistance staff. CBC asked the AODA Alliance to comment on the incidents which CBC had uncovered.

These reports were included in the June 2, 2019 edition of CBC TV’s “The National” and CBC national radio’s “World Report” broadcast on June 3, 2019. We offer four important observations:

  1. These are not the only such incidents that air travellers have reported. As a result of this CBC report, on June 3, 2019, AODA Alliance Chair David Lepofsky was invited to appear on the Fight Back program on Toronto’s Zoomer Radio station, hosted by Libby Znaimer. Two callers to the program said they had experienced somewhat similar incidents. The podcast of that program is available at https://www.zoomerradio.ca/show/fight-back-on-zoomer-radio/fight-back-on-zoomer-radio-podcast/treatment-vulnerable-passengers-airlines-june-03-2019/

These disability accommodations in air travel must be consistent and reliable. Even if such appalling incidents are the exception, passengers with disabilities should not be left to fear that they might be the victim of such treatment.

  1. This is a further illustration of the Canadian Transportation Agency’s (CTA’s) poor long-term track-record of regulating airlines in the area of accessibility. It is because of the poor CTA track-record in this area that we and others in the disability community had urged the Federal Government to assign the regulation of air travel accessibility to the new Canada Accessibility Commissioner. Instead, and over our objection, Bill C-81, the new Accessible Canada Act, leaves the CTA as mainly in charge of regulating air travel accessibility.
  1. It is good that the CTA has decided to propose regulations to set some accessibility standards in the area of air travel. However, as our April 18, 2019 brief to the CTA shows, those proposed regulations are too weak. This story should be a wake-up call to the CTA to listen to us and strengthen those proposed regulations.
  1. It should not be left to individual victims of such inexcusable treatment to have to file complaints with the CTA. If the victim is just flying into Canada for a visit and then returning home, they likely would not incur the expense and inconvenience of returning to Canada just to litigate a complaint before the CTA. For meaningful reform, we need the CTA to do its own strong “secret shopper” monitoring of airlines to catch deficiencies in the efforts of airlines or airports.
  1. The troubling incidents of accessibility failures about which CBC reported took place at the Vancouver International Airport. We note that on December 5, 2018, the Rick Hansen Foundation’s private accessibility certification process announced that it gave the Vancouver International Airport a gold rating for accessibility. This is the Rick Hansen Foundation’s highest accessibility rating.

This illustrates some of the serious problems with such a private accessibility certification process. We have previously raised our serious concerns with the whole idea of a private accessibility certification process.

We recognize that such a private accessibility certification process may only examine a building, and not the services provided in that building. That is part of the problem. Those hearing that an airport got a “gold” certification can well be expected not to draw fine distinctions between the accessibility of an airport building on the one hand, and the accessibility of the services provided in that airport on the other.

We always welcome your feedback. Write us at [email protected]

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CBC TV The National June 2, 2019

Originally posted at https://www.cbc.ca/news/canada/edmonton/seniors-abandoned-by-airlines-in-wheelchairs-1.5154364

Edmonton GO PUBLIC

‘Appalling treatment’: Couple in wheelchairs left alone for almost 12 hours at Vancouver airport

Airlines are shirking responsibility to accommodate disabled passengers, advocate says

Rosa Marchitelli CBC News · Posted: Jun 02, 2019 6:00 PM MT | Last Updated: 5 hours ago

Narayan Karki, left, and her husband, Chhaya, right, missed their flight from Vancouver to Edmonton after being left in their wheelchairs without assistance for hours at the airport. They were travelling from Nepal to visit their son, Mohan, shown at centre. (Rosa Marchitelli/CBC)

The son of an elderly couple says he wants two major airlines to stop blaming each other and take responsibility for abandoning his parents in their wheelchairs for half a day, with no help to access food, water or a washroom.

Mohan Karki’s parents, who don’t speak English and require assistance to travel, were found almost 12 hours after being dropped off at a service counter at the Vancouver airport — just not by the airlines responsible for assisting them during their trip, WestJet and Cathay Pacific.

“We were thinking they were somewhere in the corner of the airport … not knowing where to go,” said Karki. “My parents told me, ‘We never left this place’ … 12 hours they were there. They tried to communicate with some other people, passersby, and nobody responded to them. Maybe they couldn’t understand what they were saying.”

On Feb. 23, Chhaya and Narayan Karki, aged 66 and 69, were on the final leg of a trip from their home in Kathmandu, Nepal, to visit their son and his family in Edmonton, with a stopover in Vancouver.

Mohan Karki said Cathay Pacific told him it delivered his parents to the WestJet customer service counter at the airport, and WestJet was to transport the pair to the gate for their final flight to Edmonton.

The Karkis sat just steps from the WestJet service counter at the Vancouver airport for almost 12 hours, until the RCMP found them.  (Rosa Marchitelli/CBC)

When his parents failed to arrive, a worried Karki spent hours on the phone trying to track them down. They didn’t have a cellphone. “For about six or seven hours, I kept on calling both airlines, but they never found my parents,” he said.

Karki then called the RCMP. It took officers 20 minutes to find the couple, located just steps from the service counter.

The couple had placards with Karki’s name and phone number, in case of an emergency. No one responded when they tried to get help by holding them up, he said.

According to an Ontario-based advocate for people with disabilities, services for those who need assistance travelling are “unreliable and inconsistent” because airlines are allowed to set their own rules — instead of being told to meet specific standards.

“It is appalling treatment … the regulator should make it clear that [airlines] can’t pass the buck to each other,” said David Lepofsky, chair of the Accessibility for Ontarians with Disabilities Act Alliance.

Left at the wrong gate for 8 hours

Thanh Phan shares that frustration; the same thing happened to his 76-year-old mother at the same airport.

In August, Niem Thi Le, who has trouble walking and doesn’t speak English, was left in a wheelchair for eight hours after being dropped off at the wrong departure gate by WestJet.

Le was on her way home to Hanoi, Vietnam, after visiting family in Victoria. WestJet was supposed to connect her with China Southern Airlines for her next flight.

“My mom told me that the wheelchair attendant just left her there without talking to anyone.… I was shocked … this is a human being,” Phan said.

Niem Thi Le, 76, was on her way back to Vietnam after visiting her family in Victoria. She missed her flight after being left at the wrong gate at the Vancouver airport.  (Submitted by Thanh Phan)

An employee with another airline eventually noticed Le sitting alone, found someone who could speak Vietnamese and brought the woman to the China Southern Airlines counter.

That airline contacted Phan and suggested he call WestJet to find out what happened. He did, asking if someone could help his mother until he could get there himself.

“I said, ‘Could you please help her give her some food and drinks.’… They said, no, they didn’t do anything wrong and that’s not their business,” Phan said.

He called China Southern Airlines back and it agreed to help, bringing Le a hamburger and a

drink.

‘They did not think it’s a serious problem’

Phan complained to customer service and WestJet apologized, saying it would review its internal process. But he said the airline never got back to him to explain what happened.

WestJet also told him travellers who don’t speak English shouldn’t be travelling alone, he said, though they offered him a $100 travel voucher.

“It’s very frustrating because they blame passengers, and they did not think that is a serious problem.”

Phan said he was ‘shocked’ to receive a phone call from South China Airlines, telling him his mother had missed her flight and he needed to come pick her up.  (Mike McArthur/CBC)

WestJet ‘reaching out to the families involved’

Both Phan and Karki are still demanding an explanation from the airlines involved in their respective cases.

“We sincerely apologize for the stress and worry that these guests and their families experienced,” WestJet’s media relations manager Lauren Stewart wrote in an email to Go Public.

“The nature of these incidents is serious, and we are in touch with both airline partners involved to investigate and make enhancements to our processes to prevent this type of incident from happening again. We are also reaching out to the families involved.”

Karki says Cathay Pacific told him it took his parents to the WestJet counter, but the couple never made it on their next flight. They spent almost 12 hours sitting in wheelchairs at the airport.  (CBC)

The airline says it provides mobility assistance to more than 900 guests per day.

Cathay Pacific told Go Public it was sorry to hear what happened to the Karkis, adding it followed “standard operating procedure” when it delivered the couple to WestJet staff and exchanged wheelchairs.

“The proper turnover to WestJet was made by our staff. Additionally, we are in the process of reviewing this situation with WestJet and we will apply learnings from this experience to future transitions between our airlines,” wrote Julie Jarratt, the airline’s communications director.

‘I dread entering Canadian airspace’

Lepofsky, who is blind, said he’s had his own problems travelling. “I dread entering Canadian airspace if I’m travelling alone … not because the service is always bad, but because it’s not reliably and consistently good.”

Airlines have a duty to accommodate passengers with disabilities under Canada’s human rights laws, he said. But when that doesn’t happen, it’s tough to figure out where to turn for help.

David Lepofsky, chair of the Accessibility for Ontarians with Disabilities Act Alliance, says services for those with disabilities are ‘unreliable and inconsistent’ when it comes to air travel in Canada.  (Gary Morton/CBC)

“There are multiple agencies involved,” Lepofsky said. “The Canadian Human Rights Commission, the Canadian Transportation Agency — and you could be kicked from one to the other, trying to figure out where you’re supposed to go.

“The Canadian Transportation Agency, where you’re often kicked to, does not, from the perspective of people with disabilities, have a good track record in this area.”

Proposed rules require airlines to take responsibility

The CTA says it’s aware some of the standards are out of date and a binding set of rules is needed. Until now, accessible transportation has been governed by mostly voluntary codes of practice.

The agency has proposed new accessible transportation regulations for airlines and all travel providers. The new rules would be legally binding and impose penalties up to $25,000 for non-compliance. And if another proposed law passes, the Accessible Canada Act, that fine could jump to a maximum of $250,000.

“They need to make sure that passengers don’t fall between the cracks,” said Scott Streiner, chair and CEO of the Canadian Transportation Agency.

CTA chair and CEO Scott Streiner says his agency has proposed legally binding regulation for accessible transportation.  (Richard Agecoutay/CBC)

Under the CTA’s proposed rules, airlines would have to provide people who need assistance a place to wait, near personnel who can assist them and will “periodically inquire” about the person’s needs.

Airports would be responsible for providing assistance from curbside to check-in, while the airlines would be responsible from check-in to boarding.

Streiner said the proposed recommendations would have helped in both cases. The agency plans to have the final regulations published before summer and hopes to have the majority of requirements in place in about a year.

“Persons who require wheelchair assistance, including older Canadians, absolutely are covered by these regulations,” Streiner said. “We want to make sure that there’s no confusion about who’s providing assistance and that people aren’t left without assistance.”

As for Karki, he said that the next time his parents visit, he won’t leave them in the hands of the airlines. Instead, he’ll try to match their itinerary with other Nepali-speaking travellers.

After hearing from Go Public, WestJet called Karki last week, promising an explanation once it looks into what went wrong.

Phan said WestJet has yet to follow up with him, adding that his mother is now afraid to travel and will no longer come visit.

Submit your story ideas

Go Public is an investigative news segment on CBC-TV, radio and the web.

We tell your stories and hold the powers that be accountable.

We want to hear from people across the country with stories you want to make public.

Submit your story ideas at [email protected].



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