Failures in Air Travel in Canada


CBC National News Reveals Appalling Incidents of Accessibility

Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

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.

2. This is a further illustration of the Canadian Transportation Agency’s (CTAs) 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.

3. 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.

4. 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.

4. 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]

MORE DETAILS

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]



Source link

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]

          MORE DETAILS

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].



Source link

Canada’s Parliament Has Now Passed Bill C-81, the Accessible Canada Act


Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

June 3, 2019
SUMMARY

We are right back in action, after being off-line during a short but eventful time in the campaign for accessibility in Canada and Ontario. Get ready for a number of updates to bring you up to speed!

In the most important development last week, right in the middle of National Accessibility Week, the House of Commons passed all the amendments to Bill C-81, the Accessible Canada Act, that the Senate earlier made to the bill. Therefore, Bill C-81 has completed its current journey through Canada’s Parliament.

The Accessible Canada Act does not go into effect until the Federal Government gives the bill “Royal Assent.” We understand that this step may well take place in the next few weeks.

We thank everyone who helped in our shared efforts to get this bill improved. We thank those disability organizations and groups who worked with us on this shared goal. We thank all the AODA Alliance supporters and volunteers who contributed to our efforts. We appreciate every tweet or email sent to add pressure in favour of a stronger bill. As well the feedback we regularly received from our supporters have helped improve our message and our strategies.

We also thank all the MPs and Senators and their staff who helped press for a stronger bill, and all the federal public servants who did the same. Some of their efforts were undertaken behind the scenes, and without an opportunity for public acknowledgement and thanks.

Below we offer seven reflections on this achievement. In summary:

1. Final passage of the amended Bill C-81 is a helpful step forward for people with disabilities in Canada.

2. We got some of the ingredients in the bill that we were seeking.

3. We found creative ways to constructively contribute to advocacy efforts on this legislation where there are so many disability organizations and groups spread over such a big country.

4. While helpful, Bill C-81 still falls well short of what people with disabilities need.

5. We’re ready for the next round in this non-partisan campaign.

6. Our advocacy principles served us well.

7. The media too often failed to cover this important issue a disservice to all Canadians.

As well, for those who want more detail on all of the above, below we provide this further background information:

* A May 30, 2019 report by CTV on line, written by Michelle McQuigge of the Canadian Press, on the final passage of Bill C-81.

* The May 24, 2019 Globe and Mail article, also by CP’s Michelle McQuigge, on the Federal Government’s announcement that it would agree to ratify all the Senate’s amendments to Bill C-81.

* The May 22, 2019 Globe and Mail article reporting on efforts to get the Federal Government to finally pass Bill C-81. This article includes some of the inaccurate statements that overstates what Bill C-81 requires.

* The May 30, 2019 news release by the ARCH Disability Law Centre, on the passage of Bill C-81, which provides a good response to the bill’s final passage with which we agree.

* The final version of this spring’s second open letter to the House of Commons, calling for all the Senate’s amendments to Bill C-81 to be ratified. Fully 84 disability organizations and groups signed this open letter, listed below.

MORE DETAILS

Our Top Seven Preliminary Reflections on the Enactment of the Accessible Canada Act

Here are our top seven preliminary reflections we offer about this news:

1. Final Passage of the Amended Bill C-81 is a Helpful Step Forward

It is a helpful step forward that Parliament has passed the Accessible Canada Act, replete with all the amendments to it that the Senate made last month. As amended, this law gives us and all people with disabilities in Canada added tools we can try to use in an effort to tear down the many barriers that persist across this country. We plan to be active in pressing the Federal Government to ensure the achievement of the law’s goal of a barrier-free Canada without delay, and in any event, no later than 2040.

2. We Got Some of the Ingredients in the Bill that We Were Seeking

The Act includes features for which we and others pressed over the past four years. These include a fixed deadline to achieve an accessible Canada, a complaints-based enforcement process, a national body to recommend accessibility standards to be enacted, and reductions in the improper power of the Canadian Transportation Agency to enact regulations that can cut back on the human rights of people with disabilities.

Working with others in the disability community, we saw improvements to the law at each stage of the process. We saw improvements when the law was being initially designed, when it first came before the House of Commons for debate in the fall of 2018, and after that, when it came before the Senate this spring. This included some improvements to which the Federal Government had been opposed throughout the process.

3. We Found Ways to Constructively Contribute in a Country with so Many Disability Organizations and Groups

We found constructive and creative ways to work within Canada’s disability community throughout this four-year process. From coast to coast, Canada has a large and diverse landscape of disability organizations and groups. The AODA Alliance is but one of them. We certainly were not the leader of the effort, and at no time purported to be such. There was no one “leader” in this effort.

Moreover, in a country as big as Canada, there is no way to bring all of these disability organizations and groups together at one time and in one place to operate as one unanimous voice. With over five million people with disabilities, there are bound to be differences of opinion and approach.

Our goal was to try to offer influential ideas for the content of Bill C-81 and effective strategies for achieving as strong a bill as possible. We wanted to offer ideas around which as many people with disabilities and disability organizations could rally, based on the strength of those ideas.

We found it very constructive to collaborate with a good number of disability organizations and groups. Among other things, this included a close and ongoing collaboration with the Council of Canadians with Disabilities (CCD) and the ARCH Disability Law Centre.

Among our contributions and efforts in this process were the following:

* We took part in behind-the-scenes efforts to get 2016 election commitments to pass national accessibility legislation from the federal Liberals and New Democratic Party. We also mounted a major social media campaign to press candidates across Canada to support the enactment of strong national accessibility legislation.

* In 2016, we made public a detailed Discussion Paper on what the national accessibility legislation should include. We refined it after receiving public input on it. We can trace some key features in Bill C-81 to ideas set out in this Discussion Paper. The Discussion Paper built on experience with provincial accessibility legislation.

* In August 2017, AODA Alliance Chair David Lepofsky designed and moderated a 3-hour captioned online policy experts conference on what the promised national accessibility legislation should include. Federal Accessibility Minister Carla Qualtrough and her deputy minister attended and took active part in this event. It remains archived online for any Canadian province or other government around the world to learn from our ideas. This was conducted under the auspices of a coalition that formed for purposes of the Federal Government’s consultation on this bill, the Alliance for an Accessible and Inclusive Canada.

* We took part in behind-the-scenes briefings of several successive ministers that had responsibility for this file, several MPs from the various federal parties, and senior public servants involved with this issue.
* AODA Alliance Chair David Lepofsky delivered a lecture on what the promised national accessibility legislation should include at the Osgoode Hall Law School where he is a part-time faculty member. This captioned lecture has remained available online, to assist others advocating in this area.

* Before Bill C-81 was introduced into Parliament in June 2018, we made public a beginner’s guide to how a law goes through parliament. This was written to help everyone involved in this campaign learn the processes for passing a federal law.

* We submitted a very detailed brief to the House of Commons in Fall 2017. It analyzed Bill C-81 in detail and sought 96 amendments. We also made an oral presentation to the House of Commons’ Standing Committee that held public hearings on the bill last fall.

* We joined together with ARCH Disability Law Centre and CCD to collectively spearhead an open letter to the House of Commons at the conclusion of its public hearings. Over 90 disability organizations and groups signed it. It listed key amendments needed to make this legislation strong and effective.

* After the House of Commons passed the bill with some but not all of the amendments we and others had sought, we worked together with other disability organizations to advocate at the Senate for further amendments to the bill. Again, our efforts were coordinated with other like-minded organizations, with a special effort together with ARCH and CCD.

* This spring, we submitted a brief to the Senate as well as the text of a short list of amendments that we proposed. We were also one of the disability organizations that made an oral presentation at the Senate’s Standing Committee hearings in April and May of this year. Here again, the Senate made some but not all of the amendments that we and others sought.

* At the Senate, as at the House of Commons, we were also very busy with extensive behind-the-scenes advocacy efforts with several Senators and their staff. We were delighted at how many were open to consult with us right up to the last minute.

* Over the final three weeks, we and others mounted a concerted and successful campaign to get the House of Commons to ratify all the Senate’s amendments to Bill C-81. This ratification was far from a certainty when we began that effort. This included our Twitter blitz to as many MPs as possible.

Again, we joined with ARCH and CCD to create another open letter to the House of Commons. This one called for the House to approve all the Senate’s amendments to Bill C-81. Set out below, fully 84 disability organizations and groups signed it.

* We kept our supporters and the broader public aware of each major step in this four-year campaign via our AODA Alliance updates and our tweets. This entire saga is reported at www.aodaalliance.org/canadaHere

* We attempted to use the conventional media, as well as social media, to spread the word on this campaign and get more public support for our cause. We issued news releases at several major steps along the way. Most recently, the April 30, 2019 online Toronto Star included our guest column on this campaign.

* Throughout this process, several members of the House of Commons and the Senate made supportive and flattering references to our presentations and recommendations and advocated for their adoption. We, like ARCH and CCD, were often the sources quoted when a member of the House or Senate was pointing out deficiencies with the bill and the needed improvements. Several other disability organizations pointed to and relied on the detailed analysis of the bill and the detailed recommendations for amendments that we and/or ARCH presented. We worked very closely with ARCH to coordinate our respective analysis and proposals.

4. While Helpful, Bill C-81 Still Falls Well Short of What People with Disabilities Need

While the final version of Bill C-81 is helpful and a step forward, it still suffers from serious deficiencies. For example:

* It gives the Federal Government helpful powers to promote accessibility, but largely does not require that these ever be used. For example, it lets the Federal Government create helpful and enforceable national accessibility standards but does not require the Federal Government to ever do so.

* It provides for helpful enforcement tools but splinters its enforcement across four federal agencies, which is a real disadvantage to people with disabilities.

* It continues to allow federal public money to be used to create or perpetuate accessibility barriers against people with disabilities.

* It lets the Federal Government grant sweeping exemptions from some of the bill’s requirements to regulated organizations, including the Federal Government itself.

* It is excessively complicated and hard to read. This threatens to make it less effective and harder to implement.

In the excitement over the passage of a new law called “the Accessible Canada Act,” it is important not to overstate what this law actually does. As we noted in our April 30, 2019 AODA Alliance Update, Rick Hansen incorrectly stated in a guest column in the April 22, 2019 Globe and Mail that Bill C-81 (the proposed Accessible Canada Act), now before Parliament “will require the Government of Canada and organizations under its jurisdiction to ensure that public spaces, workplaces, employment, program, services and information be accessible to everyone.”

We regret that the Globe never ran our letter to the editor correcting this inaccuracy, and that, to our knowledge, Mr. Hansen did not himself correct it. We had asked him to do so.

Similarly, a May 22, 2019 Globe and Mail article, set out below, included these two inaccuracies about Bill C-81:

* “If the amendments recently added by the Senate are accepted, the bill would ensure federal agencies proactively fix their buildings to allow disabled people to move freely as well as design their programs in ways that can be delivered to all Canadians.”

* “Bill C-81 would force more accessible workplaces on agencies such as the RCMP, as well as federally run services that cross provincial lines such as banking and long-range bus transportation.”

We wish Bill C-81 did what the Globe reported in that article and what Rick Hansen wrote in the April 22, 2019 Globe. We regret that it does not require these measures. It only permits them.

5. We’re Ready for the Next Round in This Non-Partisan Campaign

Our volunteer advocacy work is not finished. Over the next weeks and months, we will launch a non-partisan campaign to get the federal political parties to make strong commitments during the upcoming 2019 federal election campaign. We will ask them to make detailed commitments to effectively implement this law, and to strengthen it with further amendments that the Federal Government did not agree to over the past year. Stay tuned for more on this.

6. Our Advocacy Principles Served Us Well

Throughout this process we adhered to important principles:
* We never give up. We took every opportunity up to the last to get this bill strengthened. We did not simply settle for what we considered a weak bill, and we did not give up the chance to get more amendments.

* We maintained complete independence from the Federal Government by not applying for any grant money from the Government at any time. We also will seek no federal grant money in the future.

* We offered our best ideas to the Government and the disability community, focusing on amendments that are substantive and as impactful as possible for all people with disabilities.

7. The Media too Often Failed to Cover this Important Issue A Disservice to All Canadians

It remains deeply troubling that throughout the past four years, the campaign for this legislation secured very little media coverage. It deserved much more coverage, both during the 2015 federal election campaign, during the Federal Government’s 18-month public consultation leading to the bill, and during the bill’s two trips through the House of Commons and one trip through the Senate. It is commendable that despite this, a few reporters tried to cover this issue. You can find most of these reports at www.aodaalliance.org/canada

This is a newsworthy subject. This bill directly affects the needs of over five million people with disabilities in Canada. It ultimately addresses the needs of all in Canada, since everyone is bound to get a disability as they age.

The media should reflect on this. It is profoundly regrettable that the media’s preoccupation with certain scandals and perceived headline-grabbing issues has left far too many Canadians unaware that there even was a Bill C-81 or a campaign to get it strengthened.

CTV News Online May 30, 2019

First national accessibility legislation gets unanimous support in House

Originally posted at https://www.ctvnews.ca/politics/first-national-accessibility-legislation-gets-unanimous-support-in-house-1.4444877?cache=yes%3FclipId%3D375756%3FautoPlay%3Dtrue%3Fot%3DAjaxLayout%3FautoPlay%3Dtrue%3FclipId%3D89619

Carla Qualtrough, Minister of Public Service and Procurement and Accessibility stands during question period in the House of Commons on Parliament Hill in Ottawa on Wednesday, May 15, 2019. THE CANADIAN PRESS/Sean Kilpatrick

Michelle McQuigge, The Canadian Press

Disabled Canadians declared a partial victory Thursday hours after the government voted to enact Canada’s first national accessibility law, calling it a major step forward while cautioning that more work was still needed to ensure it achieves its goal.

The Accessible Canada Act, which aims to improve life for those with disabilities, received unanimous support in the House of Commons on Wednesday evening. It awaits only royal assent, expected in the coming weeks, before officially becoming law.

Advocates who fought for amendments to strengthen the legislation praised the governing Liberals for delivering on a promise to implement the bill and bring Canada more in line with other countries that have had such laws for years. But they also cautioned against complacency, saying more work lay ahead.

“We applaud the government for its willingness to listen to Canadians with disabilities,” Council of Canadians with Disabilities chair Jewelles Smith said in a statement.

“CCD reminds the government that there are many serious ongoing barriers that will not be addressed by this act, and encourages the federal government to pursue policy solutions to these well-known concerns.”

Accessibility Minister Carla Qualtrough, who spearheaded national consultations on the bill and shepherded it through Parliament, hailed its passage as a significant moment.

“This is the most transformative piece of legislation since enacting the Charter of Rights and Freedoms, and a true testament to the work, commitment and contributions of the Canadian disability community,” she said in a statement. “This historic act sends a clear signal to Canadians that persons with disabilities will no longer be treated as an afterthought.”

The act passed by Parliament bears striking differences from the version initially tabled last June.

Its stated purpose — to “identify, remove and prevent” accessibility barriers in areas that fall under federal jurisdiction — was greeted with enthusiasm and remains the same. Those areas include built environments, federally run programs and services, banking, telecommunications and transportation that crosses provincial lines.

But disabled advocates almost immediately began raising concerns about the effectiveness of the legislation and lobbied for changes.

Last fall, a group of 95 disability groups signed an open letter outlining nine areas of perceived weakness, including the lack of a timeline for the bill’s implementation and failure to recognize various forms of sign language as official languages of the deaf.

The Senate’s committee on social affairs, science and technology, citing community concerns, amended the bill to include sign language recognition as well as a timeline for the bill to be fully implemented by 2040.

Those amendments were reflected in the bill that garnered parliamentary approval.

Activists celebrated the passage of the act as genuine progress, but some continued to voice concerns about areas where they feel it still falls short.

The Arch Disability Law Centre indicated Thursday that it was particularly troubled by the language employed throughout the bill, which repeatedly uses “may” rather than “shall” or “must” when describing initiatives.

This language gives government … power to make and enforce the new accessibility requirements, but does not actually require them to use these powers,” Arch said in a statement.

An amendment before the Senate committee addressed that concern but was defeated.

Advocates also criticized the bill for granting the government broad powers to exempt people from the new rules, spreading enforcement over numerous agencies, and opting not to withhold federal funding from organizations that don’t comply with accessibility measures. Conservatives and New Democrats echoed those issues in Parliament.

Gabrielle Peters, a Vancouver-based wheelchair user, said the government’s failure to address those areas leaves the law lacking compared to similar legislation in other countries. She said she questions whether the law will prove significant for all its meant to serve.

“I and many like me will be at home with my broken wheelchair in my tiny box of an improperly adapted apartment living in poverty in a city with 8,000 corners where I can’t cross the street,” she said.

“Nothing in the act will change that. But I am glad Canada finally has an Accessible Canada Act, however lacking I find it, and I want to recognize the work of those who actually worked on and for it.”

The Globe and Mail May 24, 2019

Originally posted at https://www.theglobeandmail.com/politics/article-federal-government-will-implement-senate-proposals-to-strengthen/

Accessibility bill will be amended to address concerns: minister

By MICHELLE MCQUIGGE
THE CANADIAN PRESS

The federal government will heed the calls of Canada’s disabled community and amend the country’s first piece of national accessibility legislation to
include some of the changes they sought, the minister spearheading the effort said Thursday.

Accessibility Minister Carla Qualtrough said the government will be adopting all the amendments the Senate introduced to Bill C-81, also known as the Accessible Canada Act, when it comes back before the House next week.

Earlier this month, the upper chamber’s committee on social affairs, science and technology amended the proposed act to include a handful of measures disability
advocacy organizations across the country said were necessary to make the bill more effective.

Ms. Qualtrough conceded that the government had initially resisted some of their most pressing calls, such as the demand to include a timeline that would require the bill to be fully implemented by 2040.

But Ms. Qualtrough said the legislation, which was drafted after cross-country consultations with disabled individuals and advocacy groups, needed to reflect the will of the people it’s meant to serve.

“It’s just paying tribute to all the work and all the people that have been here in the past 40, 50 years really insisting that disability rights are human rights,” Ms. Qualtrough said in a telephone interview.

Activists had been crusading for Canadian accessibility legislation for decades and watched as other countries, including the United States, got laws on their books.

The Liberals began making good on an election promise to deliver a Canadian version when they tabled the Accessible Canada Act last June, pledging $290-million over six years toward its implementation.

The act’s stated purpose is to “identify, remove and prevent” accessibility barriers in areas that fall under federal jurisdiction. This includes built
environments, federally run programs and services, banking, telecommunications and transportation that crosses provincial lines.

Barrier, as defined by the act, includes anything “architectural, physical, technological or attitudinal” that “hinders the full participation in society
of a person with a physical, mental, intellectual, learning, communication or sensory impairment.”

Disabled Canadians reacted with wary optimism when the draft act was first tabled, but soon began voicing concerns that it was too weak to make a difference in their lives.

Last year, an open letter signed by 95 organizations, including the Canadian National Institute for the Blind, National Network for Mental Health and March
of Dimes Canada, raised a number of measures they said the act must include to be effective.

Chief among their concerns was the bill’s unwillingness to include a timeline for implementation, as well as its failure to name various forms of sign language as official languages of deaf Canadians.

The Senate’s social-affairs committee, citing community concerns, amended the bill to address those issues. Ms. Qualtrough said their proposed amendments
will now be incorporated into the bill, which will come before Parliament for final debate next week and could be officially passed into law by the end of June.

The government, Ms. Qualtrough said, has already begun work to appoint the people who will be tasked with implementing and enforcing the bill.

A chief accessibility officer will oversee the implementation of the legislation across all sectors, while a new Accessibility Commissioner will be responsible
for compliance. A new Canadian Accessibility Standards Development Organization, comprised largely of people with a broad spectrum of disabilities, will also be put in place.

“Canadians deserve this,” Ms. Qualtrough said.

Activists celebrated the inclusion of the Senate’s amendments, saying they help to strengthen the bill in some key areas.

“This is an important victory,” accessibility activist David Lepofsky said in a statement. “While the Senate’s amendments don’t fix all the deficiencies with Bill C-81 … they are an important and helpful step forward.”

Many community members said they remain concerned about other areas the Senate did not address when making revisions to the act.

The open letter criticized the bill for granting the government broad powers to exempt people from the new rules, spreading enforcement over numerous agencies,
and opting not to withhold federal funding from organizations that don’t comply with accessibility measures.

Advocates also raised concerns about the way the bill was written. The bill repeatedly uses “may” rather than “shall” or “must” when describing initiatives,
meaning the government is empowered to take actions but never required to follow through on them, they argued.

The Globe and Mail May 22, 2019

Originally posted at https://www.theglobeandmail.com/canada/british-columbia/article-push-is-on-to-pass-canadian-accessibility-law/

Activists urge Ottawa to pass accessibility law before summer

By MIKE HAGER
Globe and Mail, May 22, 2019

VANCOUVER – Disabled Canadians and their supporters are pushing Ottawa to pass a bill enshrining their right to more accessible and inclusive federal workplaces before the next election, legislation they say could help improve the lives of those with physical and mental disabilities.

Bill Adair, a spokesperson for a group of 96 organizations, said more than a thousand people and non-profit groups have recently sent letters to every MP in a blitz aimed at getting Bill C-81, known as the Accessible Canada Act, passed by Parliament and written into law before the summer break begins next month.

“We worked hard at bringing this into effect over the past three years and it is time for our country to take this step forward and throw the doors wide open for participation,” said Mr. Adair, who is also executive director of Spinal Cord Injury Canada.

Mr. Adair said his umbrella group believes the bill, which would “identify, remove and prevent” accessibility barriers in agencies and programs that fall under federal jurisdiction, could help level the considerable unemployment gap for disabled people, roughly 60 per cent of whom are employed, compared with 80 per cent for the general population.

If the amendments recently added by the Senate are accepted, the bill would ensure federal agencies proactively fix their buildings to allow disabled people to move freely as well as design their programs in ways that can be delivered to all Canadians.

As well, the bill would recognize various forms of sign language – including Indigenous sign languages – and include them among government services.

Carla Qualtrough, Minister of Public Services and Procurement and Accessibility, said passing the amended bill remains a priority for her government.

“I expect the debate in the House of Commons to take place next week coinciding with National AccessAbility Week – a timely opportunity to highlight the work our government is doing to create a more accessible and inclusive Canada for all,” her statement Tuesday said.

Bill C-81 would force more accessible workplaces on agencies such as the RCMP, as well as federally run services that cross provincial lines such as banking and long-range bus transportation.

The government has pledged $290-million over six years toward implementing the act, which will see Ottawa appoint an accessibility commissioner and create an organization to develop accessibility standards for the industries covered by the law.

Rick Hansen, a former Paralympian whose eponymous foundation is part of the push to pass the bill, said it would be a huge disappointment if the act didn’t pass before the federal election. “Canada can’t afford to let down the one in five Canadians with disabilities,” Mr. Hansen said.

In the absence of national accessibility standards, his organization is launching an awareness campaign called Everyone Everywhere to identify common barriers disabled people face. These include: a lack of visual fire alarms; no push button doors at a building’s main entrance; steep curbs, narrow parking spaces, circular doorknobs; signage without Braille or raised lettering; ramps that are too steep or not wide enough and a lack of grab bars in bathrooms.

Mr. Hansen said a pilot project completed over two years rated about 1,100 buildings across B.C.

for their accessibility and found just more than a third didn’t meet the minimum standard.

Mr. Hansen’s organization also commissioned a Conference Board of Canada report last year that suggested the estimated 2.9 million Canadians with physical disabilities would be able to contribute $16.8-billion more to the gross domestic product by 2030 if they faced fewer barriers to participating in the workforce. Earlier this year, an independent review found deficiencies to nearly all aspects of Ontario’s 14-yearold accessibility law, including that too many buildings are still designed in ways that make it impossible for some disabled people to enter.

Gabrielle Peters, a Vancouverbased writer who led a campaign that created a matted trail for wheelchair users to access one of the city’s most popular beaches last summer, said Bill C-81 needs to give Ottawa the teeth to limit the funding of any agencies not making the effort to improve life for disabled Canadians. Ms. Peters, who uses a wheelchair, said she is genuinely uncertain how the legislation would affect her own life and the lives of other disabled people if it passes. Text of the ARCH Disability Law Centre May 30, 2109 News Release

Originally posted at https://archdisabilitylaw.ca/press-release-arch-disability-law-centre-welcomes-the-passage-of-the-accessible-canada-act/ Press Release ARCH Disability Law Centre welcomes the passage of the Accessible Canada Act

ARCH Disability Law Centre welcomes the passage of the Accessible Canada Act, an important moment in Canadas disability rights movement continuing towards our goal of full inclusion and equality for persons with disabilities across Canada.

The Accessible Canada Act is federal accessibility legislation. Its stated purpose is to achieve a barrier free Canada by 2040. To do this, the Act gives powers to the Government of Canada, the Canadian Transportation Agency and the Canadian Radio-television and telecommunications commission to create new legal requirements for advancing accessibility in federal employment, the built environment, transportation, procurement of goods, services and facilities, information and communication technologies, communication, and the design and delivery of programs and services. These new legal requirements will be aimed at identifying, removing and preventing barriers, which the Act defines as anything that hinders the full and equal participation in society of persons with a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or functional limitation.

Bill C-81 Accessible Canada Act was first introduced in the House of Commons in June 2018. As the Bill wound its way through the legislative process, a number of important changes were made to it. In particular, the Senate Standing Committee on Social Affairs, Science and Technology (SOCI) made several amendments which strengthened the Bill. For example, SOCI included in the Bill a timeline of 2040 for achieving a barrier free Canada; added multiple and intersectional discrimination as a principle which must be considered when laws, policies, services and programs are developed; clarified that nothing in the Bill or its regulations limits the existing legal obligation to accommodate persons with disabilities; and recognized sign languages as the primary languages for communication by Deaf persons in Canada.

SOCI adopted these amendments after receiving recommendations from disability organizations across Canada. ARCH thanks Senators for listening to the concerns of disability communities and taking action to address them. The amendments made by the Senate strengthen the Accessible Canada Act. We commend Minister Qualtrough and the Government for voting to pass Bill C-81 with all the amendments made by the Senate said Robert Lattanzio, Executive Director of ARCH.

Throughout Bill C-81s journey, disability communities across Canada were actively involved in advocating for the Bill to be as strong as possible. ARCH worked closely with Council of Canadians with Disabilities (CCD), AODA Alliance and over 90 national, provincial and local disability groups. To support disability communities with their advocacy, ARCH wrote an extensive legal analysis of Bill C-81, provided updates on the Bills progress in our quarterly newsletter, gave presentations on the legislation, and produced a series of Briefing Notes explaining key amendments sought. ARCH also worked with CCD and AODA Alliance to coordinate 2 Open Letter campaigns. Advocating to strengthen Bill C-81 has provided opportunities for disability communities to work together. It has been a privilege to work closely with so many dedicated advocates. The Accessible Canada Act is stronger because of their tireless work said Kerri Joffe, ARCH Staff Lawyer.

Despite the helpful amendments that were made to the legislation, a number of concerns raised by ARCH and other disability groups remain. One such weakness is the use of permissive language may rather than directive language shall or must in the Accessible Canada Act. This language gives government, the Canadian Transportation Agency, the CRTC and other bodies power to make and enforce the new accessibility requirements, but does not actually require them to use these powers.

The Accessible Canada Act has been passed by the House of Commons, but there is still one more step before it becomes law the Act must receive Royal Asset. ARCH urges the Government to ensure that the Act receives Royal Assent before the next federal election is called.

For more details contact:

Robert Lattanzio, Executive Director
416-482-8255 x. 2233

Kerri Joffe, Staff Lawyer
416-482-8255 x. 2222

Open Letter to the House of Commons Updated

Open Letter on the Need to Swiftly Pass All Senate Amendments to Bill C-81- Accessible Canada Act

[Le français suit]

To: All Members of Parliament
Date: May 14, 2019
The undersigned national, provincial and local disability groups ask all Members of Parliament to commit to swiftly pass all the amendments to Bill C-81, the proposed Accessible Canada Act that the Senate Standing Committee on Social Affairs, Science and Technology (SOCI) passed on May 2, 2019.
We commend the Honourable Minister Carla Qualtrough for championing this Bill and her openness to considering amendments to it, as she expressed to the Senate Standing Committee.
The Senate Standing Committee heard from a spectrum of disability organizations and advocates who supported the need for national accessibility legislation and who recommended areas where the bill could be improved to achieve its goal of ensuring that Canada becomes barrier-free for people with disabilities. SOCI chair Senator Chantal Petitclerc concluded the committees debates by stating that the committees amendments reflect the maxim of disability communities: Nothing about us without us.
While they do not include all the improvements that disability organizations and advocates sought, the Senates amendments improve Bill C-81. The amendments include: setting 2040 as the end date for Canada to become accessible; ensuring that this time line does not justify any delay in removing and preventing accessibility barriers as soon as reasonably possible; recognizing American Sign Language, Quebec Sign Language and Indigenous Sign Languages as the primary languages for communication used by Deaf people; making it a principle to govern the bill that multiple and intersectional forms of discrimination faced by persons with disabilities must be considered; ensuring that Bill C-81 and regulations made under it cannot cut back on the human rights of people with disabilities guaranteed by the Canadian Human Rights Act; ensuring that the Canadian Transportation Agency cannot reduce existing human rights protections for passengers with disabilities when the Agency handles complaints about barriers in transportation; and fixing problems the Federal Government identified between the bills employment provisions and legislation governing the RCMP.
It is expected that the Senate will pass Bill C-81 as amended by May 16, 2019. The bill then returns to the House of Commons, for a vote on the Senates amendments. It is critical that the House pass all of the Senates amendments to Bill C-81, to ensure that this important bill swiftly becomes law.
We ask the House of Commons to schedule a vote on the bill as soon as possible. We ask all MPs to vote to pass all the Senates amendments to Bill C-81.
If the House of Commons does anything less, it will weaken the bill, and risk the possibility that the bill will not finish its journey through Parliament before the fall election. Signed:
AODA Alliance
ARCH Disability Law Centre
Citizens With Disabilities Ontario (CWDO)
Council of Canadians with Disabilities (CCD)
Federal Accessibility Legislation Alliance (FALA)
Ontario Autism Coalition
Spinal Cord Injury Canada
StopGap Foundation
Travel for All
Older Womens Network
PONDA
Barrier Free Canada Canada sans Barrières
BC Coalition of People who use Guide Dogs
Keremeos Measuring Up Team
National Coalition of People who use Guide and Service Dogs in Canada The Project Group Consulting Cooperative
VIEWS Ontario For the Vision ImpairedDoing It Blind
Communication Disabilities Access Canada (CDAC)
British Columbia Aboriginal Network on Disability Society (BCANDS) DeafBlind Ontario Services
March of Dimes Canada
North Saskatchewan Independent Living Centre Inc.
Peterborough Council for Persons with Disabilities
Québec Accessible
CNIB
Electromagnetic Pollution Illnesses Canada Foundation (EPIC) Ontario Federation for Cerebral Palsy
Rick Hansen Foundation
Access 2 Accessibility
BALANCE for Blind Adults
Barrier Free Manitoba (BFM)
Canadian Association of the Deaf Association des Sourds du Canada (CAD-ASC) Canadian Cultural Society of the Deaf
Centre for Independent Living in Toronto (CILT)
Community Living Ontario
Disability Justice Network of Ontario (DJNO)
Hydrocephalus Canada
LArche Canada
Learning Disabilities Association of Ontario
National Educational Association of Disabled Students (NEADS) NWT Disability Council
Realize
Tetra Society of North America Ontario Division
Unitarian Commons Co-Housing Corporation
Vibrant Healthcare Alliance
Vie Autonome Montréal
Association du Syndrome de Usher du Québec
Association multiethnique pour lintégration des personnes handicapées (AMEIPH) Barrier Free Saskatchewan
Canadian Association for Community Living
Canadian Centre on Disability Studies Inc. o/a Eviance
Canadian Epilepsy Alliance
Community Services for Independence North West (CSINW)
Deaf Literacy Initiative
Guide Dog Users of Canada
Handicapped Action Group Inc. (HAGI)
Law, Disability & Social Change Research Project
Multiple Sclerosis Society of Canada
Muscular Dystrophy Canada
National Network for Mental Health
OCASI- Ontario Council of Agencies Serving Immigrants
Ontarian with Disabilitites League for Human Rights of Bnai Brith Canada People First of Canada
reachAbility Association
Regroupement des associations de personnes handicapées de lOutaouais (RAPHO) Silent Voice Canada Inc.
The Canadian Council of the Blind
The Club Inclusion
The Alliance for Equality of Blind Canadians (Toronto Chapter) Family Network for Deaf Children
SPH Planning & Consulting Limited (SPH)
Disability Awareness Consultants
Manitoba League of Persons with Disabilities (MLPD)
Empowered Kids Ontario Enfants Avenir Ontario
Sound Times Support Services
Coalition of Persons with Disabilities
JRG Society for the Arts
A Resource Centre for Families Cumberland
Community Inclusion Society
Abilities Centre
Ontario Association of the Deaf
L’Arche Comox Valley
ALS Society of Canada
Saskatchewan ALS Society
Lettre ouverte pour une rapide ratification des modifications sénatoriales au projet de loi C-81, la Loi canadienne sur laccessibilité. À: Tous les membres du Parlement
Date: 14 mai 2019
Nous, les soussignés, organisations nationales, provinciales et locales de personnes handicapées, recommandons à tous les membres du Parlement de sengager à adopter rapidement toutes les modifications au projet de loi C-81, Loi canadienne sur laccessibilité, adoptées le 2 mai 2019 par le Comité sénatorial permanent des affaires sociales, sciences et technologie (SOCI).
Nous félicitons lhonorable ministre Carla Qualtrough davoir défendu ce projet de loi et, tel quexprimé au Comité sénatorial permanent, de son ouverture envers les modifications proposées.
Le Comité sénatorial a entendu une vaste gamme dorganisations de personnes en situation de handicap et dintervenants marteler le besoin dune loi nationale sur laccessibilité et recommander lamélioration de certains secteurs afin que le projet de loi atteigne son objectif, à savoir faire du Canada un pays exempt dobstacles. En clôturant les débats, la sénatrice Chantal Peticlerc, présidente du SOCI, a déclaré que les modifications apportées par le Comité traduisaient le slogan des collectivités de personnes handicapées Rien pour nous, sans nous.
Bien que nincluant pas toutes les améliorations revendiquées par les organisations de personnes handicapées et les intervenants, les modifications sénatoriales améliorent le projet de loi C-81. Elles stipulent : que le Canada devienne un pays totalement exempt dobstacles dici 2040; que cet échéancier ne justifie aucun délai quant à lélimination et la prévention des obstacles le plus tôt possible; que lAmerican Sign Language, de la langue des signes québécoise et de les langues des signes autochtones soient reconnues comme langues de communication fondamentales des personnes Sourdes; que les formes multiples et intersectorielles de discrimination subies par les personnes en situation de handicap soient un principe sous-tendant lapplication du projet de loi; que le projet de loi C-81 et les règlements afférents ne puissent restreindre les droits humains des personnes handicapées, garantis par la Loi canadienne sur les droits de la personne; que lors du règlement des plaintes basées sur les obstacles dans les transports, lOffice des transports du Canada ne puisse atténuer les droits des voyageurs en situation de handicap, actuellement garantis; que soient réglés les problèmes identifiés par le gouvernement fédéral entre les dispositions du projet de loi en matière demploi et la loi régissant la GRC.
Le Sénat devrait adopter le projet de loi C-81, tel que modifié, avant le 16 mai 2019. Le projet de loi reviendra alors en la Chambre des communes pour un vote sur les modifications sénatoriales. Et pour que le projet de loi devienne rapidement loi, ces modifications doivent absolument être adoptées.
Nous demandons à la Chambre des communes de programmer un vote aussitôt que possible et nous demandons à tous les membres du Parlement de voter en faveur des modifications sénatoriales au projet de loi C-81.
La Chambre des communes affaiblira le projet de loi si elle se contente de moins; dans ce cas-là, la course parlementaire de ce projet de loi risque dêtre stoppée avant lélection de cet automne. Lettre ouverte signée par:
AODA Alliance
ARCH Disability Law Centre
Citizens With Disabilities Ontario (CWDO)
Council of Canadians with Disabilities (CCD)
Federal Accessibility Legislation Alliance (FALA)
Ontario Autism Coalition
Spinal Cord Injury Canada
StopGap Foundation
Travel for All
Older Womens Network
PONDA
Barrier Free Canada Canada sans Barrières
BC Coalition of People who use Guide Dogs
Keremeos Measuring Up Team
National Coalition of People who use Guide and Service Dogs in Canada The Project Group Consulting Cooperative
VIEWS Ontario For the Vision ImpairedDoing It Blind
Communication Disabilities Access Canada (CDAC)
British Columbia Aboriginal Network on Disability Society (BCANDS) DeafBlind Ontario Services
March of Dimes Canada
North Saskatchewan Independent Living Centre Inc.
Peterborough Council for Persons with Disabilities
Québec Accessible
CNIB
Electromagnetic Pollution Illnesses Canada Foundation (EPIC) Ontario Federation for Cerebral Palsy
Rick Hansen Foundation
Access 2 Accessibility
BALANCE for Blind Adults
Barrier Free Manitoba (BFM)
Canadian Association of the Deaf Association des Sourds du Canada (CAD-ASC) Canadian Cultural Society of the Deaf
Centre for Independent Living in Toronto (CILT)
Community Living Ontario
Disability Justice Network of Ontario (DJNO)
Hydrocephalus Canada
LArche Canada
Learning Disabilities Association of Ontario
National Educational Association of Disabled Students (NEADS) NWT Disability Council
Realize
Tetra Society of North America Ontario Division
Unitarian Commons Co-Housing Corporation
Vibrant Healthcare Alliance
Vie Autonome Montréal
Association du Syndrome de Usher du Québec
Association multiethnique pour lintégration des personnes handicapées (AMEIPH) Barrier Free Saskatchewan
Canadian Association for Community Living
Canadian Centre on Disability Studies Inc. o/a Eviance
Canadian Epilepsy Alliance
Community Services for Independence North West (CSINW)
Deaf Literacy Initiative
Guide Dog Users of Canada
Handicapped Action Group Inc. (HAGI)
Law, Disability & Social Change Research Project
Multiple Sclerosis Society of Canada
Muscular Dystrophy Canada
National Network for Mental Health
OCASI- Ontario Council of Agencies Serving Immigrants
Ontarian with Disabilitites League for Human Rights of Bnai Brith Canada People First of Canada
reachAbility Association
Regroupement des associations de personnes handicapées de lOutaouais (RAPHO) Silent Voice Canada Inc.
The Canadian Council of the Blind
The Club Inclusion
The Alliance for Equality of Blind Canadians (Toronto Chapter) Family Network for Deaf Children
SPH Planning & Consulting Limited (SPH)
Disability Awareness Consultants
Manitoba League of Persons with Disabilities (MLPD)
Empowered Kids Ontario Enfants Avenir Ontario
Sound Times Support Services
Coalition of Persons with Disabilities
JRG Society for the Arts
A Resource Centre for Families Cumberland
Community Inclusion Society
Abilities Centre
Ontario Association of the Deaf
L’Arche Comox Valley
ALS Society of Canada
Saskatchewan ALS Society



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Canada’s Parliament Has Now Passed Bill C-81, the Accessible Canada Act -Here Are Seven Preliminary Reflections – 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

Canada’s Parliament Has Now Passed Bill C-81, the Accessible Canada Act –Here Are Seven Preliminary Reflections

June 3, 2019

          SUMMARY

We are right back in action, after being off-line during a short but eventful time in the campaign for accessibility in Canada and Ontario. Get ready for a number of updates to bring you up to speed!

In the most important development last week, right in the middle of National Accessibility Week, the House of Commons passed all the amendments to Bill C-81, the Accessible Canada Act, that the Senate earlier made to the bill. Therefore, Bill C-81 has completed its current journey through Canada’s Parliament.

The Accessible Canada Act does not go into effect until the Federal Government gives the bill “Royal Assent.” We understand that this step may well take place in the next few weeks.

We thank everyone who helped in our shared efforts to get this bill improved. We thank those disability organizations and groups who worked with us on this shared goal. We thank all the AODA Alliance supporters and volunteers who contributed to our efforts. We appreciate every tweet or email sent to add pressure in favour of a stronger bill. As well the feedback we regularly received from our supporters have helped improve our message and our strategies.

We also thank all the MPs and Senators and their staff who helped press for a stronger bill, and all the federal public servants who did the same. Some of their efforts were undertaken behind the scenes, and without an opportunity for public acknowledgement and thanks.

Below we offer seven reflections on this achievement. In summary:

  1. Final passage of the amended Bill C-81 is a helpful step forward for people with disabilities in Canada.
  1. We got some of the ingredients in the bill that we were seeking.
  1. We found creative ways to constructively contribute to advocacy efforts on this legislation where there are so many disability organizations and groups spread over such a big country.
  1. While helpful, Bill C-81 still falls well short of what people with disabilities need.
  1. We’re ready for the next round in this non-partisan campaign.
  1. Our advocacy principles served us well.
  1. The media too often failed to cover this important issue – a disservice to all Canadians.

As well, for those who want more detail on all of the above, below we provide this further background information:

* A May 30, 2019 report by CTV on line, written by Michelle McQuigge of the Canadian Press, on the final passage of Bill C-81.

* The May 24, 2019 Globe and Mail article, also by CP’s Michelle McQuigge, on the Federal Government’s announcement that it would agree to ratify all the Senate’s amendments to Bill C-81.

* The May 22, 2019 Globe and Mail article reporting on efforts to get the Federal Government to finally pass Bill C-81. This article includes some of the inaccurate statements that overstates what Bill C-81 requires.

* The May 30, 2019 news release by the ARCH Disability Law Centre, on the passage of Bill C-81, which provides a good response to the bill’s final passage with which we agree.

* The final version of this spring’s second open letter to the House of Commons, calling for all the Senate’s amendments to Bill C-81 to be ratified. Fully 84 disability organizations and groups signed this open letter, listed below.

          MORE DETAILS

Our Top Seven Preliminary Reflections on the Enactment of the Accessible Canada Act

Here are our top seven preliminary reflections we offer about this news:

1. Final Passage of the Amended Bill C-81 is a Helpful Step Forward

It is a helpful step forward that Parliament has passed the Accessible Canada Act, replete with all the amendments to it that the Senate made last month. As amended, this law gives us and all people with disabilities in Canada added tools we can try to use in an effort to tear down the many barriers that persist across this country. We plan to be active in pressing the Federal Government to ensure the achievement of the law’s goal of a barrier-free Canada without delay, and in any event, no later than 2040.

2. We Got Some of the Ingredients in the Bill that We Were Seeking

The Act includes features for which we and others pressed over the past four years. These include a fixed deadline to achieve an accessible Canada, a complaints-based enforcement process, a national body to recommend accessibility standards to be enacted, and reductions in the improper power of the Canadian Transportation Agency to enact regulations that can cut back on the human rights of people with disabilities.

Working with others in the disability community, we saw improvements to the law at each stage of the process. We saw improvements when the law was being initially designed, when it first came before the House of Commons for debate in the fall of 2018, and after that, when it came before the Senate this spring. This included some improvements to which the Federal Government had been opposed throughout the process.

3. We Found Ways to Constructively Contribute in a Country with so Many Disability Organizations and Groups

We found constructive and creative ways to work within Canada’s disability community throughout this four-year process. From coast to coast, Canada has a large and diverse landscape of disability organizations and groups. The AODA Alliance is but one of them. We certainly were not the leader of the effort, and at no time purported to be such. There was no one “leader” in this effort.

Moreover, in a country as big as Canada, there is no way to bring all of these disability organizations and groups together at one time and in one place to operate as one unanimous voice. With over five million people with disabilities, there are bound to be differences of opinion and approach.

Our goal was to try to offer influential ideas for the content of Bill C-81 and effective strategies for achieving as strong a bill as possible. We wanted to offer ideas around which as many people with disabilities and disability organizations could rally, based on the strength of those ideas.

We found it very constructive to collaborate with a good number of disability organizations and groups. Among other things, this included a close and ongoing collaboration with the Council of Canadians with Disabilities (CCD) and the ARCH Disability Law Centre.

Among our contributions and efforts in this process were the following:

* We took part in behind-the-scenes efforts to get 2016 election commitments to pass national accessibility legislation from the federal Liberals and New Democratic Party. We also mounted a major social media campaign to press candidates across Canada to support the enactment of strong national accessibility legislation.

* In 2016, we made public a detailed Discussion Paper on what the national accessibility legislation should include. We refined it after receiving public input on it. We can trace some key features in Bill C-81 to ideas set out in this Discussion Paper. The Discussion Paper built on experience with provincial accessibility legislation.

* In August 2017, AODA Alliance Chair David Lepofsky designed and moderated a 3-hour captioned online policy experts conference on what the promised national accessibility legislation should include. Federal Accessibility Minister Carla Qualtrough and her deputy minister attended and took active part in this event. It remains archived online for any Canadian province or other government around the world to learn from our ideas. This was conducted under the auspices of a coalition that formed for purposes of the Federal Government’s consultation on this bill, the Alliance for an Accessible and Inclusive Canada.

* We took part in behind-the-scenes briefings of several successive ministers that had responsibility for this file, several MPs from the various federal parties, and senior public servants involved with this issue.

* AODA Alliance Chair David Lepofsky delivered a lecture on what the promised national accessibility legislation should include at the Osgoode Hall Law School where he is a part-time faculty member. This captioned lecture has remained available online, to assist others advocating in this area.

* Before Bill C-81 was introduced into Parliament in June 2018, we made public a beginner’s guide to how a law goes through parliament. This was written to help everyone involved in this campaign learn the processes for passing a federal law.

* We submitted a very detailed brief to the House of Commons in Fall 2017. It analyzed Bill C-81 in detail and sought 96 amendments. We also made an oral presentation to the House of Commons’ Standing Committee that held public hearings on the bill last fall.

* We joined together with ARCH Disability Law Centre and CCD to collectively spearhead an open letter to the House of Commons at the conclusion of its public hearings. Over 90 disability organizations and groups signed it. It listed key amendments needed to make this legislation strong and effective.

* After the House of Commons passed the bill with some but not all of the amendments we and others had sought, we worked together with other disability organizations to advocate at the Senate for further amendments to the bill. Again, our efforts were coordinated with other like-minded organizations, with a special effort together with ARCH and CCD.

* This spring, we submitted a brief to the Senate as well as the text of a short list of amendments that we proposed. We were also one of the disability organizations that made an oral presentation at the Senate’s Standing Committee hearings in April and May of this year. Here again, the Senate made some but not all of the amendments that we and others sought.

* At the Senate, as at the House of Commons, we were also very busy with extensive behind-the-scenes advocacy efforts with several Senators and their staff. We were delighted at how many were open to consult with us right up to the last minute.

* Over the final three weeks, we and others mounted a concerted and successful campaign to get the House of Commons to ratify all the Senate’s amendments to Bill C-81. This ratification was far from a certainty when we began that effort. This included our Twitter blitz to as many MPs as possible.

Again, we joined with ARCH and CCD to create another open letter to the House of Commons. This one called for the House to approve all the Senate’s amendments to Bill C-81. Set out below, fully 84 disability organizations and groups signed it.

* We kept our supporters and the broader public aware of each major step in this four-year campaign via our AODA Alliance updates and our tweets. This entire saga is reported at www.aodaalliance.org/canadaHere

* We attempted to use the conventional media, as well as social media, to spread the word on this campaign and get more public support for our cause. We issued news releases at several major steps along the way. Most recently, the April 30, 2019 online Toronto Star included our guest column on this campaign.

* Throughout this process, several members of the House of Commons and the Senate made supportive and flattering references to our presentations and recommendations and advocated for their adoption. We, like ARCH and CCD, were often the sources quoted when a member of the House or Senate was pointing out deficiencies with the bill and the needed improvements. Several other disability organizations pointed to and relied on the detailed analysis of the bill and the detailed recommendations for amendments that we and/or ARCH presented. We worked very closely with ARCH to coordinate our respective analysis and proposals.

4. While Helpful, Bill C-81 Still Falls Well Short of What People with Disabilities Need

While the final version of Bill C-81 is helpful and a step forward, it still suffers from serious deficiencies. For example:

* It gives the Federal Government helpful powers to promote accessibility, but largely does not require that these ever be used. For example, it lets the Federal Government create helpful and enforceable national accessibility standards but does not require the Federal Government to ever do so.

* It provides for helpful enforcement tools but splinters its enforcement across four federal agencies, which is a real disadvantage to people with disabilities.

* It continues to allow federal public money to be used to create or perpetuate accessibility barriers against people with disabilities.

* It lets the Federal Government grant sweeping exemptions from some of the bill’s requirements to regulated organizations, including the Federal Government itself.

* It is excessively complicated and hard to read. This threatens to make it less effective and harder to implement.

In the excitement over the passage of a new law called “the Accessible Canada Act,” it is important not to overstate what this law actually does. As we noted in our April 30, 2019 AODA Alliance Update, Rick Hansen incorrectly stated in a guest column in the April 22, 2019 Globe and Mail that Bill C-81 (the proposed Accessible Canada Act), now before Parliament “…will require the Government of Canada and organizations under its jurisdiction to ensure that public spaces, workplaces, employment, program, services and information be accessible to everyone.”

We regret that the Globe never ran our letter to the editor correcting this inaccuracy, and that, to our knowledge, Mr. Hansen did not himself correct it. We had asked him to do so.

Similarly, a May 22, 2019 Globe and Mail article, set out below, included these two inaccuracies about Bill C-81:

* “If the amendments recently added by the Senate are accepted, the bill would ensure federal agencies proactively fix their buildings to allow disabled people to move freely as well as design their programs in ways that can be delivered to all Canadians.”

* “Bill C-81 would force more accessible workplaces on agencies such as the RCMP, as well as federally run services that cross provincial lines such as banking and long-range bus transportation.”

We wish Bill C-81 did what the Globe reported in that article and what Rick Hansen wrote in the April 22, 2019 Globe. We regret that it does not require these measures. It only permits them.

5. We’re Ready for the Next Round in This Non-Partisan Campaign

Our volunteer advocacy work is not finished. Over the next weeks and months, we will launch a non-partisan campaign to get the federal political parties to make strong commitments during the upcoming 2019 federal election campaign. We will ask them to make detailed commitments to effectively implement this law, and to strengthen it with further amendments that the Federal Government did not agree to over the past year. Stay tuned for more on this.

6. Our Advocacy Principles Served Us Well

Throughout this process we adhered to important principles:

* We never give up. We took every opportunity up to the last to get this bill strengthened. We did not simply settle for what we considered a weak bill, and we did not give up the chance to get more amendments.

* We maintained complete independence from the Federal Government by not applying for any grant money from the Government at any time. We also will seek no federal grant money in the future.

* We offered our best ideas to the Government and the disability community, focusing on amendments that are substantive and as impactful as possible for all people with disabilities.

7. The Media too Often Failed to Cover this Important Issue – A Disservice to All Canadians

It remains deeply troubling that throughout the past four years, the campaign for this legislation secured very little media coverage. It deserved much more coverage, both during the 2015 federal election campaign, during the Federal Government’s 18-month public consultation leading to the bill, and during the bill’s two trips through the House of Commons and one trip through the Senate. It is commendable that despite this, a few reporters tried to cover this issue. You can find most of these reports at www.aodaalliance.org/canada

This is a newsworthy subject. This bill directly affects the needs of over five million people with disabilities in Canada. It ultimately addresses the needs of all in Canada, since everyone is bound to get a disability as they age.

The media should reflect on this. It is profoundly regrettable that the media’s preoccupation with certain scandals and perceived headline-grabbing issues has left far too many Canadians unaware that there even was a Bill C-81 or a campaign to get it strengthened.

CTV News Online May 30, 2019

First national accessibility legislation gets unanimous support in House

Originally posted at https://www.ctvnews.ca/politics/first-national-accessibility-legislation-gets-unanimous-support-in-house-1.4444877?cache=yes%3FclipId%3D375756%3FautoPlay%3Dtrue%3Fot%3DAjaxLayout%3FautoPlay%3Dtrue%3FclipId%3D89619

Carla Qualtrough, Minister of Public Service and Procurement and Accessibility stands during question period in the House of Commons on Parliament Hill in Ottawa on Wednesday, May 15, 2019. THE CANADIAN PRESS/Sean Kilpatrick

Michelle McQuigge, The Canadian Press

Disabled Canadians declared a partial victory Thursday hours after the government voted to enact Canada’s first national accessibility law, calling it a major step forward while cautioning that more work was still needed to ensure it achieves its goal.

The Accessible Canada Act, which aims to improve life for those with disabilities, received unanimous support in the House of Commons on Wednesday evening. It awaits only royal assent, expected in the coming weeks, before officially becoming law.

Advocates who fought for amendments to strengthen the legislation praised the governing Liberals for delivering on a promise to implement the bill and bring Canada more in line with other countries that have had such laws for years. But they also cautioned against complacency, saying more work lay ahead.

“We applaud the government for its willingness to listen to Canadians with disabilities,” Council of Canadians with Disabilities chair Jewelles Smith said in a statement.

“CCD reminds the government that there are many serious ongoing barriers that will not be addressed by this act, and encourages the federal government to pursue policy solutions to these well-known concerns.”

Accessibility Minister Carla Qualtrough, who spearheaded national consultations on the bill and shepherded it through Parliament, hailed its passage as a significant moment.

“This is the most transformative piece of legislation since enacting the Charter of Rights and Freedoms, and a true testament to the work, commitment and contributions of the Canadian disability community,” she said in a statement. “This historic act sends a clear signal to Canadians that persons with disabilities will no longer be treated as an afterthought.”

The act passed by Parliament bears striking differences from the version initially tabled last June.

Its stated purpose — to “identify, remove and prevent” accessibility barriers in areas that fall under federal jurisdiction — was greeted with enthusiasm and remains the same. Those areas include built environments, federally run programs and services, banking, telecommunications and transportation that crosses provincial lines.

But disabled advocates almost immediately began raising concerns about the effectiveness of the legislation and lobbied for changes.

Last fall, a group of 95 disability groups signed an open letter outlining nine areas of perceived weakness, including the lack of a timeline for the bill’s implementation and failure to recognize various forms of sign language as official languages of the deaf.

The Senate’s committee on social affairs, science and technology, citing community concerns, amended the bill to include sign language recognition as well as a timeline for the bill to be fully implemented by 2040.

Those amendments were reflected in the bill that garnered parliamentary approval.

Activists celebrated the passage of the act as genuine progress, but some continued to voice concerns about areas where they feel it still falls short.

The Arch Disability Law Centre indicated Thursday that it was particularly troubled by the language employed throughout the bill, which repeatedly uses “may” rather than “shall” or “must” when describing initiatives.

This language gives government … power to make and enforce the new accessibility requirements, but does not actually require them to use these powers,” Arch said in a statement.

An amendment before the Senate committee addressed that concern but was defeated.

Advocates also criticized the bill for granting the government broad powers to exempt people from the new rules, spreading enforcement over numerous agencies, and opting not to withhold federal funding from organizations that don’t comply with accessibility measures. Conservatives and New Democrats echoed those issues in Parliament.

Gabrielle Peters, a Vancouver-based wheelchair user, said the government’s failure to address those areas leaves the law lacking compared to similar legislation in other countries. She said she questions whether the law will prove significant for all its meant to serve.

“I and many like me will be at home with my broken wheelchair in my tiny box of an improperly adapted apartment living in poverty in a city with 8,000 corners where I can’t cross the street,” she said.

“Nothing in the act will change that. But I am glad Canada finally has an Accessible Canada Act, however lacking I find it, and I want to recognize the work of those who actually worked on and for it.”

The Globe and Mail May 24, 2019

Originally posted at https://www.theglobeandmail.com/politics/article-federal-government-will-implement-senate-proposals-to-strengthen/

Accessibility bill will be amended to address concerns: minister

By MICHELLE MCQUIGGE

THE CANADIAN PRESS

The federal government will heed the calls of Canada’s disabled community and amend the country’s first piece of national accessibility legislation to

include some of the changes they sought, the minister spearheading the effort said Thursday.

Accessibility Minister Carla Qualtrough said the government will be adopting all the amendments the Senate introduced to Bill C-81, also known as the Accessible

Canada Act, when it comes back before the House next week.

Earlier this month, the upper chamber’s committee on social affairs, science and technology amended the proposed act to include a handful of measures disability

advocacy organizations across the country said were necessary to make the bill more effective.

Ms. Qualtrough conceded that the government had initially resisted some of their most pressing calls, such as the demand to include a timeline that would

require the bill to be fully implemented by 2040.

But Ms. Qualtrough said the legislation, which was drafted after cross-country consultations with disabled individuals and advocacy groups, needed to reflect

the will of the people it’s meant to serve.

“It’s just paying tribute to all the work and all the people that have been here in the past 40, 50 years really insisting that disability rights are human

rights,” Ms. Qualtrough said in a telephone interview.

Activists had been crusading for Canadian accessibility legislation for decades and watched as other countries, including the United States, got laws on

their books.

The Liberals began making good on an election promise to deliver a Canadian version when they tabled the Accessible Canada Act last June, pledging $290-million

over six years toward its implementation.

The act’s stated purpose is to “identify, remove and prevent” accessibility barriers in areas that fall under federal jurisdiction. This includes built

environments, federally run programs and services, banking, telecommunications and transportation that crosses provincial lines.

Barrier, as defined by the act, includes anything “architectural, physical, technological or attitudinal” that “hinders the full participation in society

of a person with a physical, mental, intellectual, learning, communication or sensory impairment.”

Disabled Canadians reacted with wary optimism when the draft act was first tabled, but soon began voicing concerns that it was too weak to make a difference

in their lives.

Last year, an open letter signed by 95 organizations, including the Canadian National Institute for the Blind, National Network for Mental Health and March

of Dimes Canada, raised a number of measures they said the act must include to be effective.

Chief among their concerns was the bill’s unwillingness to include a timeline for implementation, as well as its failure to name various forms of sign

language as official languages of deaf Canadians.

The Senate’s social-affairs committee, citing community concerns, amended the bill to address those issues. Ms. Qualtrough said their proposed amendments

will now be incorporated into the bill, which will come before Parliament for final debate next week and could be officially passed into law by the end

of June.

The government, Ms. Qualtrough said, has already begun work to appoint the people who will be tasked with implementing and enforcing the bill.

A chief accessibility officer will oversee the implementation of the legislation across all sectors, while a new Accessibility Commissioner will be responsible

for compliance. A new Canadian Accessibility Standards Development Organization, comprised largely of people with a broad spectrum of disabilities, will

also be put in place.

“Canadians deserve this,” Ms. Qualtrough said.

Activists celebrated the inclusion of the Senate’s amendments, saying they help to strengthen the bill in some key areas.

“This is an important victory,” accessibility activist David Lepofsky said in a statement. “While the Senate’s amendments don’t fix all the deficiencies

with Bill C-81 … they are an important and helpful step forward.”

Many community members said they remain concerned about other areas the Senate did not address when making revisions to the act.

The open letter criticized the bill for granting the government broad powers to exempt people from the new rules, spreading enforcement over numerous agencies,

and opting not to withhold federal funding from organizations that don’t comply with accessibility measures.

Advocates also raised concerns about the way the bill was written. The bill repeatedly uses “may” rather than “shall” or “must” when describing initiatives,

meaning the government is empowered to take actions but never required to follow through on them, they argued.

The Globe and Mail May 22, 2019

Originally posted at https://www.theglobeandmail.com/canada/british-columbia/article-push-is-on-to-pass-canadian-accessibility-law/

Activists urge Ottawa to pass accessibility law before summer

By MIKE HAGER

Globe and Mail, May 22, 2019

VANCOUVER – Disabled Canadians and their supporters are pushing Ottawa to pass a bill enshrining their right to more accessible and inclusive federal workplaces before the next election, legislation they say could help improve the lives of those with physical and mental disabilities.

Bill Adair, a spokesperson for a group of 96 organizations, said more than a thousand people and non-profit groups have recently sent letters to every MP in a blitz aimed at getting Bill C-81, known as the Accessible Canada Act, passed by Parliament and written into law before the summer break begins next month.

“We worked hard at bringing this into effect over the past three years and it is time for our country to take this step forward and throw the doors wide open for participation,” said Mr. Adair, who is also executive director of Spinal Cord Injury Canada.

Mr. Adair said his umbrella group believes the bill, which would “identify, remove and prevent” accessibility barriers in agencies and programs that fall under federal jurisdiction, could help level the considerable unemployment gap for disabled people, roughly 60 per cent of whom are employed, compared with 80 per cent for the general population.

If the amendments recently added by the Senate are accepted, the bill would ensure federal agencies proactively fix their buildings to allow disabled people to move freely as well as design their programs in ways that can be delivered to all Canadians.

As well, the bill would recognize various forms of sign language – including Indigenous sign languages – and include them among government services.

Carla Qualtrough, Minister of Public Services and Procurement and Accessibility, said passing the amended bill remains a priority for her government.

“I expect the debate in the House of Commons to take place next week coinciding with National AccessAbility Week – a timely opportunity to highlight the work our government is doing to create a more accessible and inclusive Canada for all,” her statement Tuesday said.

Bill C-81 would force more accessible workplaces on agencies such as the RCMP, as well as federally run services that cross provincial lines such as banking and long-range bus transportation.

The government has pledged $290-million over six years toward implementing the act, which will see Ottawa appoint an accessibility commissioner and create an organization to develop accessibility standards for the industries covered by the law.

Rick Hansen, a former Paralympian whose eponymous foundation is part of the push to pass the bill, said it would be a huge disappointment if the act didn’t pass before the federal election. “Canada can’t afford to let down the one in five Canadians with disabilities,” Mr. Hansen said.

In the absence of national accessibility standards, his organization is launching an awareness campaign called Everyone Everywhere to identify common barriers disabled people face. These include: a lack of visual fire alarms; no push button doors at a building’s main entrance; steep curbs, narrow parking spaces, circular doorknobs; signage without Braille or raised lettering; ramps that are too steep or not wide enough and a lack of grab bars in bathrooms.

Mr. Hansen said a pilot project completed over two years rated about 1,100 buildings across B.C.

for their accessibility and found just more than a third didn’t meet the minimum standard.

Mr. Hansen’s organization also commissioned a Conference Board of Canada report last year that suggested the estimated 2.9 million Canadians with physical disabilities would be able to contribute $16.8-billion more to the gross domestic product by 2030 if they faced fewer barriers to participating in the workforce. Earlier this year, an independent review found deficiencies to nearly all aspects of Ontario’s 14-yearold accessibility law, including that too many buildings are still designed in ways that make it impossible for some disabled people to enter.

Gabrielle Peters, a Vancouverbased writer who led a campaign that created a matted trail for wheelchair users to access one of the city’s most popular beaches last summer, said Bill C-81 needs to give Ottawa the teeth to limit the funding of any agencies not making the effort to improve life for disabled Canadians. Ms. Peters, who uses a wheelchair, said she is genuinely uncertain how the legislation would affect her own life and the lives of other disabled people if it passes.

Text of the ARCH Disability Law Centre May 30, 2109 News Release

Originally posted at https://archdisabilitylaw.ca/press-release-arch-disability-law-centre-welcomes-the-passage-of-the-accessible-canada-act/

Press Release – ARCH Disability Law Centre welcomes the passage of the Accessible Canada Act

ARCH Disability Law Centre welcomes the passage of the Accessible Canada Act, an important moment in Canada’s disability rights movement continuing towards our goal of full inclusion and equality for persons with disabilities across Canada.

The Accessible Canada Act is federal accessibility legislation. Its stated purpose is to achieve a barrier free Canada by 2040. To do this, the Act gives powers to the Government of Canada, the Canadian Transportation Agency and the Canadian Radio-television and telecommunications commission to create new legal requirements for advancing accessibility in federal employment, the built environment, transportation, procurement of goods, services and facilities, information and communication technologies, communication, and the design and delivery of programs and services. These new legal requirements will be aimed at identifying, removing and preventing barriers, which the Act defines as anything that hinders the full and equal participation in society of persons with a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or functional limitation.

Bill C-81 – Accessible Canada Act was first introduced in the House of Commons in June 2018. As the Bill wound its way through the legislative process, a number of important changes were made to it. In particular, the Senate Standing Committee on Social Affairs, Science and Technology (SOCI) made several amendments which strengthened the Bill. For example, SOCI included in the Bill a timeline of 2040 for achieving a barrier free Canada; added multiple and intersectional discrimination as a principle which must be considered when laws, policies, services and programs are developed; clarified that nothing in the Bill or its regulations limits the existing legal obligation to accommodate persons with disabilities; and recognized sign languages as the primary languages for communication by Deaf persons in Canada.

SOCI adopted these amendments after receiving recommendations from disability organizations across Canada. “ARCH thanks Senators for listening to the concerns of disability communities and taking action to address them. The amendments made by the Senate strengthen the Accessible Canada Act. We commend Minister Qualtrough and the Government for voting to pass Bill C-81 with all the amendments made by the Senate” said Robert Lattanzio, Executive Director of ARCH.

Throughout Bill C-81’s journey, disability communities across Canada were actively involved in advocating for the Bill to be as strong as possible. ARCH worked closely with Council of Canadians with Disabilities (CCD), AODA Alliance and over 90 national, provincial and local disability groups. To support disability communities with their advocacy, ARCH wrote an extensive legal analysis of Bill C-81, provided updates on the Bill’s progress in our quarterly newsletter, gave presentations on the legislation, and produced a series of Briefing Notes explaining key amendments sought. ARCH also worked with CCD and AODA Alliance to coordinate 2 Open Letter campaigns. “Advocating to strengthen Bill C-81 has provided opportunities for disability communities to work together. It has been a privilege to work closely with so many dedicated advocates. The Accessible Canada Act is stronger because of their tireless work” said Kerri Joffe, ARCH Staff Lawyer.

Despite the helpful amendments that were made to the legislation, a number of concerns raised by ARCH and other disability groups remain. One such weakness is the use of permissive language “may” rather than directive language “shall” or “must” in the Accessible Canada Act. This language gives government, the Canadian Transportation Agency, the CRTC and other bodies power to make and enforce the new accessibility requirements, but does not actually require them to use these powers.

The Accessible Canada Act has been passed by the House of Commons, but there is still one more step before it becomes law – the Act must receive Royal Asset. ARCH urges the Government to ensure that the Act receives Royal Assent before the next federal election is called.

For more details contact:

Robert Lattanzio, Executive Director

416-482-8255 x. 2233

Kerri Joffe, Staff Lawyer

416-482-8255 x. 2222

Open Letter to the House of Commons Updated

Open Letter on the Need to Swiftly Pass All Senate Amendments to Bill C-81- Accessible Canada Act

[Le français suit]

To: All Members of Parliament

Date: May 14, 2019

The undersigned national, provincial and local disability groups ask all Members of Parliament to commit to swiftly pass all the amendments to Bill C-81, the proposed Accessible Canada Act that the Senate Standing Committee on Social Affairs, Science and Technology (SOCI) passed on May 2, 2019.

We commend the Honourable Minister Carla Qualtrough for championing this Bill and her openness to considering amendments to it, as she expressed to the Senate Standing Committee.

The Senate Standing Committee heard from a spectrum of disability organizations and advocates who supported the need for national accessibility legislation and who recommended areas where the bill could be improved to achieve its goal of ensuring that Canada becomes barrier-free for people with disabilities. SOCI chair Senator Chantal Petitclerc concluded the committee’s debates by stating that the committee’s amendments reflect the maxim of disability communities: “Nothing about us without us.

While they do not include all the improvements that disability organizations and advocates sought, the Senate’s amendments improve Bill C-81. The amendments include: setting 2040 as the end date for Canada to become accessible; ensuring that this time line does not justify any delay in removing and preventing accessibility barriers as soon as reasonably possible; recognizing American Sign Language, Quebec Sign Language and Indigenous Sign Languages as the primary languages for communication used by Deaf people; making it a principle to govern the bill that multiple and intersectional forms of discrimination faced by persons with disabilities must be considered; ensuring that Bill C-81 and regulations made under it cannot cut back on the human rights of people with disabilities guaranteed by the Canadian Human Rights Act; ensuring that the Canadian Transportation Agency cannot reduce existing human rights protections for passengers with disabilities when the Agency handles complaints about barriers in transportation; and fixing problems the Federal Government identified between the bill’s employment provisions and legislation governing the RCMP.

It is expected that the Senate will pass Bill C-81 as amended by May 16, 2019. The bill then returns to the House of Commons, for a vote on the Senate’s amendments. It is critical that the House pass all of the Senate’s amendments to Bill C-81, to ensure that this important bill swiftly becomes law.

We ask the House of Commons to schedule a vote on the bill as soon as possible. We ask all MPs to vote to pass all the Senate’s amendments to Bill C-81.

If the House of Commons does anything less, it will weaken the bill, and risk the possibility that the bill will not finish its journey through Parliament before the fall election.

Signed:

AODA Alliance

ARCH Disability Law Centre

Citizens With Disabilities Ontario (CWDO)

Council of Canadians with Disabilities (CCD)

Federal Accessibility Legislation Alliance (FALA)

Ontario Autism Coalition

Spinal Cord Injury Canada

StopGap Foundation

Travel for All

Older Women’s Network

PONDA

Barrier Free Canada – Canada sans Barrières

BC Coalition of People who use Guide Dogs

Keremeos Measuring Up Team

National Coalition of People who use Guide and Service Dogs in Canada

The Project Group Consulting Cooperative

VIEWS Ontario For the Vision ImpairedDoing It Blind

Communication Disabilities Access Canada (CDAC)

British Columbia Aboriginal Network on Disability Society (BCANDS)

DeafBlind Ontario Services

March of Dimes Canada

North Saskatchewan Independent Living Centre Inc.

Peterborough Council for Persons with Disabilities

Québec Accessible

CNIB

Electromagnetic Pollution Illnesses Canada Foundation (EPIC)

Ontario Federation for Cerebral Palsy

Rick Hansen Foundation

Access 2 Accessibility

BALANCE for Blind Adults

Barrier Free Manitoba (BFM)

Canadian Association of the Deaf – Association des Sourds du Canada (CAD-ASC)

Canadian Cultural Society of the Deaf

Centre for Independent Living in Toronto (CILT)

Community Living Ontario

Disability Justice Network of Ontario (DJNO)

Hydrocephalus Canada

L’Arche Canada

Learning Disabilities Association of Ontario

National Educational Association of Disabled Students (NEADS)

NWT Disability Council

Realize

Tetra Society of North America – Ontario Division

Unitarian Commons Co-Housing Corporation

Vibrant Healthcare Alliance

Vie Autonome Montréal

Association du Syndrome de Usher du Québec

Association multiethnique pour l’intégration des personnes handicapées (AMEIPH)

Barrier Free Saskatchewan

Canadian Association for Community Living

Canadian Centre on Disability Studies Inc. o/a Eviance

Canadian Epilepsy Alliance

Community Services for Independence North West (CSINW)

Deaf Literacy Initiative

Guide Dog Users of Canada

Handicapped Action Group Inc. (HAGI)

Law, Disability & Social Change Research Project

Multiple Sclerosis Society of Canada

Muscular Dystrophy Canada

National Network for Mental Health

OCASI- Ontario Council of Agencies Serving Immigrants

Ontarian with Disabilitites League for Human Rights of B’nai Brith Canada

People First of Canada

reachAbility Association

Regroupement des associations de personnes handicapées de l’Outaouais (RAPHO)

Silent Voice Canada Inc.

The Canadian Council of the Blind

The Club Inclusion

The Alliance for Equality of Blind Canadians (Toronto Chapter)

Family Network for Deaf Children

SPH Planning & Consulting Limited (SPH)

Disability Awareness Consultants

Manitoba League of Persons with Disabilities (MLPD)

Empowered Kids Ontario – Enfants Avenir Ontario

Sound Times Support Services

Coalition of Persons with Disabilities

JRG Society for the Arts

A Resource Centre for Families Cumberland

Community Inclusion Society

Abilities Centre

Ontario Association of the Deaf

L’Arche Comox Valley

ALS Society of Canada

Saskatchewan ALS Society

Lettre ouverte pour une rapide ratification des modifications sénatoriales au projet de loi C-81, la Loi canadienne sur l’accessibilité.

À: Tous les membres du Parlement

Date: 14 mai 2019

Nous, les soussignés, organisations nationales, provinciales et locales de personnes handicapées, recommandons à tous les membres du Parlement de s’engager à adopter rapidement toutes les modifications au projet de loi C-81, Loi canadienne sur l’accessibilité, adoptées le 2 mai 2019 par le Comité sénatorial permanent des affaires sociales, sciences et technologie (SOCI).

Nous félicitons l’honorable ministre Carla Qualtrough d’avoir défendu ce projet de loi et, tel qu’exprimé au Comité sénatorial permanent, de son ouverture envers les modifications proposées.

Le Comité sénatorial a entendu une vaste gamme d’organisations de personnes en situation de handicap et d’intervenants marteler le besoin d’une loi nationale sur l’accessibilité et recommander l’amélioration de certains secteurs afin que le projet de loi atteigne son objectif, à savoir faire du Canada un pays exempt d’obstacles. En clôturant les débats, la sénatrice Chantal Peticlerc, présidente du SOCI, a déclaré que les modifications apportées par le Comité traduisaient le slogan des collectivités de personnes handicapées “Rien pour nous, sans nous”.

Bien que n’incluant pas toutes les améliorations revendiquées par les organisations de personnes handicapées et les intervenants, les modifications sénatoriales améliorent le projet de loi C-81. Elles stipulent : que le Canada devienne un pays totalement exempt d’obstacles d’ici 2040; que cet échéancier ne justifie aucun délai quant à l’élimination et la prévention des obstacles le plus tôt possible; que l’American Sign Language, de la langue des signes québécoise et de les langues des signes autochtones soient reconnues comme langues de communication fondamentales des personnes Sourdes; que les formes multiples et intersectorielles de discrimination subies par les personnes en situation de handicap soient un principe sous-tendant l’application du projet de loi; que le projet de loi C-81 et les règlements afférents ne puissent restreindre les droits humains des personnes handicapées, garantis par la Loi canadienne sur les droits de la personne; que lors du règlement des plaintes basées sur les obstacles dans les transports, l’Office des transports du Canada ne puisse atténuer les droits des voyageurs en situation de handicap, actuellement garantis; que soient réglés les problèmes identifiés par le gouvernement fédéral entre les dispositions du projet de loi en matière d’emploi et la loi régissant la GRC.

Le Sénat devrait adopter le projet de loi C-81, tel que modifié, avant le 16 mai 2019. Le projet de loi reviendra alors en la Chambre des communes pour un vote sur les modifications sénatoriales. Et pour que le projet de loi devienne rapidement loi, ces modifications doivent absolument être adoptées.

Nous demandons à la Chambre des communes de programmer un vote aussitôt que possible et nous demandons à tous les membres du Parlement de voter en faveur des modifications sénatoriales au projet de loi C-81.

La Chambre des communes affaiblira le projet de loi si elle se contente de moins; dans ce cas-là, la course parlementaire de ce projet de loi risque d’être stoppée avant l’élection de cet automne.

Lettre ouverte signée par:

AODA Alliance

ARCH Disability Law Centre

Citizens With Disabilities Ontario (CWDO)

Council of Canadians with Disabilities (CCD)

Federal Accessibility Legislation Alliance (FALA)

Ontario Autism Coalition

Spinal Cord Injury Canada

StopGap Foundation

Travel for All

Older Women’s Network

PONDA

Barrier Free Canada – Canada sans Barrières

BC Coalition of People who use Guide Dogs

Keremeos Measuring Up Team

National Coalition of People who use Guide and Service Dogs in Canada

The Project Group Consulting Cooperative

VIEWS Ontario For the Vision ImpairedDoing It Blind

Communication Disabilities Access Canada (CDAC)

British Columbia Aboriginal Network on Disability Society (BCANDS)

DeafBlind Ontario Services

March of Dimes Canada

North Saskatchewan Independent Living Centre Inc.

Peterborough Council for Persons with Disabilities

Québec Accessible

CNIB

Electromagnetic Pollution Illnesses Canada Foundation (EPIC)

Ontario Federation for Cerebral Palsy

Rick Hansen Foundation

Access 2 Accessibility

BALANCE for Blind Adults

Barrier Free Manitoba (BFM)

Canadian Association of the Deaf – Association des Sourds du Canada (CAD-ASC)

Canadian Cultural Society of the Deaf

Centre for Independent Living in Toronto (CILT)

Community Living Ontario

Disability Justice Network of Ontario (DJNO)

Hydrocephalus Canada

L’Arche Canada

Learning Disabilities Association of Ontario

National Educational Association of Disabled Students (NEADS)

NWT Disability Council

Realize

Tetra Society of North America – Ontario Division

Unitarian Commons Co-Housing Corporation

Vibrant Healthcare Alliance

Vie Autonome Montréal

Association du Syndrome de Usher du Québec

Association multiethnique pour l’intégration des personnes handicapées (AMEIPH)

Barrier Free Saskatchewan

Canadian Association for Community Living

Canadian Centre on Disability Studies Inc. o/a Eviance

Canadian Epilepsy Alliance

Community Services for Independence North West (CSINW)

Deaf Literacy Initiative

Guide Dog Users of Canada

Handicapped Action Group Inc. (HAGI)

Law, Disability & Social Change Research Project

Multiple Sclerosis Society of Canada

Muscular Dystrophy Canada

National Network for Mental Health

OCASI- Ontario Council of Agencies Serving Immigrants

Ontarian with Disabilitites League for Human Rights of B’nai Brith Canada

People First of Canada

reachAbility Association

Regroupement des associations de personnes handicapées de l’Outaouais (RAPHO)

Silent Voice Canada Inc.

The Canadian Council of the Blind

The Club Inclusion

The Alliance for Equality of Blind Canadians (Toronto Chapter)

Family Network for Deaf Children

SPH Planning & Consulting Limited (SPH)

Disability Awareness Consultants

Manitoba League of Persons with Disabilities (MLPD)

Empowered Kids Ontario – Enfants Avenir Ontario

Sound Times Support Services

Coalition of Persons with Disabilities

JRG Society for the Arts

A Resource Centre for Families Cumberland

Community Inclusion Society

Abilities Centre

Ontario Association of the Deaf

L’Arche Comox Valley

ALS Society of Canada

Saskatchewan ALS Society



Source link

An Important Victory – The Trudeau Government Announced Yesterday that It will Vote in the House of Commons to Ratify All the Senate’s Amendments to Bill C-81, the Proposed Accessible Canada Act


Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

May 23, 2019

Yesterday, May 22, 2019, the Federal Government announced by email and Twitter that it will vote to approve all the amendments to Bill C-81, the proposed Accessible Canada Act, that the Senate passed earlier this month. The debate in the House of Commons on these amendments is expected to begin next week according to the Federal Government. Next week also happens to be National accessibility Week in Canada.

“This is an important victory for those disability advocates who have devoted so much effort and energy over the past weeks and months to strengthen Bill C-81,” said David Lepofsky, chair of the non-partisan AODA Alliance, which has campaigned on accessibility for people with disabilities for many years, and which has been involved in the campaign for this legislation since at least 2014. “The Senate’s amendments set 2040 as the legal deadline for Canada to become accessible to people with disabilities, and cut back on the power of the Canadian Transportation Agency to make regulations that could weaken the accessibility rights of passengers with disabilities when travelling on airlines or other inter-provincial modes of transportation, among other things.”

While the Senate’s amendments don’t fix all the deficiencies with Bill C-81 with which we have been concerned, they are an important and helpful step forward. The AODA Alliance and others have been hard at work over the past three weeks, mounting an all-out blitz on social media and elsewhere to press all MPs in the House of Commons to agree to vote to ratify all the Senate’s amendments to Bill C-81. It was by no means a certainty that the Federal Government, which holds a majority in the House of Commons, would agree to do so. Opposition parties in the House of Commons have since last fall been supporting our call for Bill C-81 to be strengthened.

We express our gratitude and appreciation to the Federal Government, including the minister responsible for this bill, federal Accessibility Minister Carla Qualtrough, for making its announcement yesterday in which it agreed to pass all the Senate’s amendments to Bill C-81. We thank the opposition parties that have pressed for Bill C-81 to be strengthened.

The House of Commons only needs to hold one vote to ratify these amendments. No further public hearings or Standing Committee study of the bill are needed. Once the amendments are passed during that vote, Bill C-81 will have completed its current journey through Canada’s Parliament. It will be a law. It will come into force when the Federal Government gives Bill C-81 royal assent. The Federal Government decides when that will take place.

With the Federal Government’s announcement yesterday, there is no doubt that the vote in the House of Commons will be successful. The bill had been unanimously passed last fall on Third Reading in the House of Commons. That was the case even though opposition parties had agreed with us and other similarly-disposed disability advocates that Bill C-81 needed to be strengthened. It is an important fact that up to now, all provincial accessibility legislation passed so far in Ontario in 2005, in Manitoba in 2013 and in Nova Scotia in 2017, has passed unanimously.

“This good news does not mean that our advocacy work is finished,” said Lepofsky. “Our attention now turns to the federal election this fall. We will be unleashing a non-partisan campaign to get election commitments from all the federal political parties regarding the future of Bill C-81 and its implementation and enforcement.”

We thank all those who have toiled tirelessly at the grassroots to help our campaign in the Senate and the House of Commons to get Bill C-81 strengthened. Every tweet or re-tweet, and every email or phone call to a Senator or MP, plays a crucial part in our efforts.

We thank all the disability organizations, numbering at least 71, that signed the open letter to the House of Commons sent earlier this month, that called for the House of Commons to ratify all the Senate’s amendments to Bill C-81. The AODA Alliance is a co-signatory to that letter. We also thank all those other disability organizations with whom we have teamed up over the past weeks and months to work on our shared objective of getting Bill C-81 strengthened.

Today’s announcement again shows that we were right to not simply accept Bill C-81 as it was, when the House of Commons passed it last fall. It was right for us and so many others to agree that people with disabilities deserve better, and to keep working to get the Senate to strengthen the bill. The improvements that we and others have won are helpful and important.

Our tenacity has always been one of our strengths. We remain resolved to do what we can with Bill C-81 to make as much progress as we can for over five million people with disabilities in Canada, and to keep working to get the bill further improved in the future.

To read the text of the Senate Standing Committee’s amendments to Bill C-81, and a good explanation of them by the ARCH Disability Law Centre, visit https://www.aodaalliance.org/whats-new/more-specifics-on-the-amendments-to-bill-c-81-the-proposed-accessible-canada-act-that-the-senates-standing-committee-passed-and-that-we-want-the-house-of-commons-to-ratify-still-no-commitment-by /

To watch the captioned video of AODA Alliance Chair David Lepofsky’s opening statement at the Senate Standing Committee on April 11, 2019 (10 minutes), visit: https://www.youtube.com/watch?v=FERCAljHbrw&feature=em-uploademail

To watch a captioned video of the portion of the Senate Standing Committee’s question-and-answer after that opening statement, where the AODA Alliance answers questions directed to us (26 minutes), visit https://www.youtube.com/watch?v=Dr0fCtB_cyw&feature=em-uploademail
To read the AODA Alliance’s May 6, 2019 letter to federal Disabilities Minister Carla Qualtrough, explaining why it is important for the Federal Government to agree to pass all the amendments to Bill C-81 that the Senate has now passed, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/ For all the background on our efforts to get the Federal Government to enact a strong and effective national accessibility law, visit http://www.aodaalliance.org/canada



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An Important Victory – The Trudeau Government Announced Yesterday that It will Vote in the House of Commons to Ratify All the Senate’s Amendments to Bill C-81, the Proposed Accessible Canada 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

An Important Victory – The Trudeau Government Announced Yesterday that It will Vote in the House of Commons to Ratify All the Senate’s Amendments to Bill C-81, the Proposed Accessible Canada Act

May 23, 2019

Yesterday, May 22, 2019, the Federal Government announced by email and Twitter that it will vote to approve all the amendments to Bill C-81, the proposed Accessible Canada Act, that the Senate passed earlier this month. The debate in the House of Commons on these amendments is expected to begin next week according to the Federal Government. Next week also happens to be National accessibility Week in Canada.

“This is an important victory for those disability advocates who have devoted so much effort and energy over the past weeks and months to strengthen Bill C-81,” said David Lepofsky, chair of the non-partisan AODA Alliance, which has campaigned on accessibility for people with disabilities for many years, and which has been involved in the campaign for this legislation since at least 2014. “The Senate’s amendments set 2040 as the legal deadline for Canada to become accessible to people with disabilities, and cut back on the power of the Canadian Transportation Agency to make regulations that could weaken the accessibility rights of passengers with disabilities when travelling on airlines or other inter-provincial modes of transportation, among other things.”

While the Senate’s amendments don’t fix all the deficiencies with Bill C-81 with which we have been concerned, they are an important and helpful step forward. The AODA Alliance and others have been hard at work over the past three weeks, mounting an all-out blitz on social media and elsewhere to press all MPs in the House of Commons to agree to vote to ratify all the Senate’s amendments to Bill C-81. It was by no means a certainty that the Federal Government, which holds a majority in the House of Commons, would agree to do so. Opposition parties in the House of Commons have since last fall been supporting our call for Bill C-81 to be strengthened.

We express our gratitude and appreciation to the Federal Government, including the minister responsible for this bill, federal Accessibility Minister Carla Qualtrough, for making its announcement yesterday in which it agreed to pass all the Senate’s amendments to Bill C-81. We thank the opposition parties that have pressed for Bill C-81 to be strengthened.

The House of Commons only needs to hold one vote to ratify these amendments. No further public hearings or Standing Committee study of the bill are needed. Once the amendments are passed during that vote, Bill C-81 will have completed its current journey through Canada’s Parliament. It will be a law. It will come into force when the Federal Government gives Bill C-81 royal assent. The Federal Government decides when that will take place.

With the Federal Government’s announcement yesterday, there is no doubt that the vote in the House of Commons will be successful. The bill had been unanimously passed last fall on Third Reading in the House of Commons. That was the case even though opposition parties had agreed with us and other similarly-disposed disability advocates that Bill C-81 needed to be strengthened. It is an important fact that up to now, all provincial accessibility legislation passed so far in Ontario in 2005, in Manitoba in 2013 and in Nova Scotia in 2017, has passed unanimously.

“This good news does not mean that our advocacy work is finished,” said Lepofsky. “Our attention now turns to the federal election this fall. We will be unleashing a non-partisan campaign to get election commitments from all the federal political parties regarding the future of Bill C-81 and its implementation and enforcement.”

We thank all those who have toiled tirelessly at the grassroots to help our campaign in the Senate and the House of Commons to get Bill C-81 strengthened. Every tweet or re-tweet, and every email or phone call to a Senator or MP, plays a crucial part in our efforts.

We thank all the disability organizations, numbering at least 71, that signed the open letter to the House of Commons sent earlier this month, that called for the House of Commons to ratify all the Senate’s amendments to Bill C-81. The AODA Alliance is a co-signatory to that letter. We also thank all those other disability organizations with whom we have teamed up over the past weeks and months to work on our shared objective of getting Bill C-81 strengthened.

Today’s announcement again shows that we were right to not simply accept Bill C-81 as it was, when the House of Commons passed it last fall. It was right for us and so many others to agree that people with disabilities deserve better, and to keep working to get the Senate to strengthen the bill. The improvements that we and others have won are helpful and important.

Our tenacity has always been one of our strengths. We remain resolved to do what we can with Bill C-81 to make as much progress as we can for over five million people with disabilities in Canada, and to keep working to get the bill further improved in the future.

To read the text of the Senate Standing Committee’s amendments to Bill C-81, and a good explanation of them by the ARCH Disability Law Centre, visit https://www.aodaalliance.org/whats-new/more-specifics-on-the-amendments-to-bill-c-81-the-proposed-accessible-canada-act-that-the-senates-standing-committee-passed-and-that-we-want-the-house-of-commons-to-ratify-still-no-commitment-by /

To watch the captioned video of AODA Alliance Chair David Lepofsky’s opening statement at the Senate Standing Committee on April 11, 2019 (10 minutes), visit: https://www.youtube.com/watch?v=FERCAljHbrw&feature=em-uploademail

To watch a captioned video of the portion of the Senate Standing Committee’s question-and-answer after that opening statement, where the AODA Alliance answers questions directed to us (26 minutes), visit https://www.youtube.com/watch?v=Dr0fCtB_cyw&feature=em-uploademail

To read the AODA Alliance’s May 6, 2019 letter to federal Disabilities Minister Carla Qualtrough, explaining why it is important for the Federal Government to agree to pass all the amendments to Bill C-81 that the Senate has now passed, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

For all the background on our efforts to get the Federal Government to enact a strong and effective national accessibility law, visit www.aodaalliance.org/canada



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In a powerful Open Letter sent to the House of Commons, An Extraordinary Lineup of Twenty-Eight Disability Organizations Unite to Press for the House of Commons’ Ratification of All the Amendments that the Senate Just Passed to Strengthen Bill C-81, the Proposed Accessible Canada Act


Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

May 15, 2019

SUMMARY

A strong concerted effort by Canada’s disability community has been unveiled to get the House of Commons to swiftly ratify all the amendments that the Senate just passed to improve Bill C-81, the Federal Government’s proposed Accessible Canada Act. This legislation is needed to tear down the many accessibility barriers that impede over six million people with disabilities in Canada, in areas that the Federal Government can regulate, such as air travel, banking, broadcast, telecommunication services, and the services of the Federal Government itself.

Twenty-eight disability organizations in Canada have just united to jointly send the House of Commons an open letter, set out below. It urges all MPs to swiftly ratify all the amendments to Bill C-81 that the Senate recently passed. Check out what those Senate amendments say, and why they’re needed.

This open letter, which the Council of Canadians with Disabilities delivered to all MPs on behalf of its 28 signatories (all listed below), explains that these amendments improve the bill. The Senate formulated these amendments after holding public hearings, where disability organizations and advocates pointed out the need to strengthen the bill that the House of Commons originally passed last fall. The Senate got the message, and formulated a short package of 11 amendments that together fit on two pages.

If the House of Commons passes all these amendments, the bill becomes a law. If the House of Commons rejects even one of those amendments, the bill must go back to the Senate yet again. As the open letter explains, that could delay the bill at a time when Parliament will soon rise for the fall election campaign.

The timing of this open letter is pivotal. A swift House of Commons vote on these amendments is needed to ensure that the bill does not die on the order paper.

“A federal election is fast approaching, and Canada has millions of voters with disabilities,” said David Lepofsky, chair of the non-partisan grassroots AODA Alliance who made presentations to a House of Commons Standing Committee last fall, and a Senate Standing Committee last month, on why this bill needed to be strengthened. “What political party would want to vote against measures to strengthen protections for people with disabilities, especially with an election looming? What party would want to cast a vote now that would delay Bill C-81 and risk it dying on the order paper?”

Any disability organization or group, whether national, provincial or local, can co-sign this open letter. The list of signatories will be updated as more disability organizations and groups sign on.

For your Organization/Group to co-sign this letter, just email [email protected]

Please give the following information:
a) Name of your organization/Group
b) Name of a contact person at your organization/group
c) Email address for your organization/group
d) A statement to the effect that:
My organization/group would like to sign the May 14, 2019 Open Letter to the House of Commons on the Need to Swiftly Pass All Senate Amendments to Bill C-81 Accessible Canada Act.

To see more about the blitz that the AODA Alliance now has underway to press MPs to vote for all the Senate’s amendments to Bill C-81, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

To read the AODA Alliance’s May 6, 2019 letter to federal Disabilities Minister Carla Qualtrough, explaining why it is important for the Federal Government to agree to pass all the amendments to Bill C-81 that the Senate has now passed, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

For all the background on our efforts to get the Federal Government to enact a strong and effective national accessibility law, visit www.aodaalliance.org/canada

MORE DETAILS

Text of the May 14, 2019 Open Letter from Disability Organizations and Groups to the House of Commons of Canada

Open Letter on the Need to Swiftly Pass All Senate Amendments to Bill C-81- Accessible Canada Act

[Le français suit]

To: All Members of Parliament
Date: May 14, 2019
The undersigned national, provincial and local disability groups ask all Members of Parliament to commit to swiftly pass all the amendments to Bill C-81, the proposed Accessible Canada Act that the Senate Standing Committee on Social Affairs, Science and Technology (SOCI) passed on May 2, 2019.
We commend the Honourable Minister Carla Qualtrough for championing this Bill and her openness to considering amendments to it, as she expressed to the Senate Standing Committee.
The Senate Standing Committee heard from a spectrum of disability organizations and advocates who supported the need for national accessibility legislation and who recommended areas where the bill could be improved to achieve its goal of ensuring that Canada becomes barrier-free for people with disabilities. SOCI chair Senator Chantal Petitclerc concluded the committees debates by stating that the committees amendments reflect the maxim of disability communities: Nothing about us without us.
While they do not include all the improvements that disability organizations and advocates sought, the Senates amendments improve Bill C-81. The amendments include: setting 2040 as the end date for Canada to become accessible; ensuring that this time line does not justify any delay in removing and preventing accessibility barriers as soon as reasonably possible; recognizing American Sign Language, Quebec Sign Language and Indigenous Sign Languages as the primary languages for communication used by Deaf people; making it a principle to govern the bill that multiple and intersectional forms of discrimination faced by persons with disabilities must be considered; ensuring that Bill C-81 and regulations made under it cannot cut back on the human rights of people with disabilities guaranteed by the Canadian Human Rights Act; ensuring that the Canadian Transportation Agency cannot reduce existing human rights protections for passengers with disabilities when the Agency handles complaints about barriers in transportation; and fixing problems the Federal Government identified between the bills employment provisions and legislation governing the RCMP.
It is expected that the Senate will pass Bill C-81 as amended by May 16, 2019. The bill then returns to the House of Commons, for a vote on the Senates amendments. It is critical that the House pass all of the Senates amendments to Bill C-81, to ensure that this important bill swiftly becomes law.
We ask the House of Commons to schedule a vote on the bill as soon as possible. We ask all MPs to vote to pass all the Senates amendments to Bill C-81.
If the House of Commons does anything less, it will weaken the bill, and risk the possibility that the bill will not finish its journey through Parliament before the fall election. Signed:
Council of Canadians with Disabilities (CCD)
AODA Alliance
ARCH Disability Law Centre
Federal Accessibility Legislation Alliance (FALA)
Citizens with Disabilities Ontario (CWDO)
Ontario Autism Coalition
Spinal Cord Injury Canada
StopGap Foundation
Travel for All
Older Womens Network
Physicians of Ontario Neurodevelopmental Advocacy (PONDA)
Barrier Free Canada Canada sans Barrières
BC Coalition of People who use Guide Dogs
Keremeos Measuring Up Team
National Coalition of People who use Guide and Service Dogs in Canada The Project Group Consulting Cooperative
VIEWS Ontario for the Vision Impaired
Communication Disabilities Access Canada (CDAC)
British Columbia Aboriginal Network on Disability Society (BCANDS) DeafBlind Ontario Services
March of Dimes Canada
North Saskatchewan Independent Living Centre Inc.
Peterborough Council for Persons with Disabilities
Québec Accessible
CNIB Foundation (Ontario and Québec)
Electromagnetic Pollution Illnesses Canada Foundation (EPIC) Ontario Federation for Cerebral Palsy
Rick Hansen Foundation
Lettre ouverte pour une rapide ratification des modifications sénatoriales au projet de loi C-81, la Loi canadienne sur laccessibilité. À: Tous les membres du Parlement
Date: 14 mai 2019
Nous, les soussignés, organisations nationales, provinciales et locales de personnes handicapées, recommandons à tous les membres du Parlement de sengager à adopter rapidement toutes les modifications au projet de loi C-81, Loi canadienne sur laccessibilité, adoptées le 2 mai 2019 par le Comité sénatorial permanent des affaires sociales, sciences et technologie (SOCI).
Nous félicitons lhonorable ministre Carla Qualtrough davoir défendu ce projet de loi et, tel quexprimé au Comité sénatorial permanent, de son ouverture envers les modifications proposées.
Le Comité sénatorial a entendu une vaste gamme dorganisations de personnes en situation de handicap et dintervenants marteler le besoin dune loi nationale sur laccessibilité et recommander lamélioration de certains secteurs afin que le projet de loi atteigne son objectif, à savoir faire du Canada un pays exempt dobstacles. En clôturant les débats, la sénatrice Chantal Peticlerc, présidente du SOCI, a déclaré que les modifications apportées par le Comité traduisaient le slogan des collectivités de personnes handicapées Rien pour nous, sans nous.
Bien que nincluant pas toutes les améliorations revendiquées par les organisations de personnes handicapées et les intervenants, les modifications sénatoriales améliorent le projet de loi C-81. Elles stipulent : que le Canada devienne un pays totalement exempt dobstacles dici 2040; que cet échéancier ne justifie aucun délai quant à lélimination et la prévention des obstacles le plus tôt possible; que lAmerican Sign Language, de la langue des signes québécoise et de les langues des signes autochtones soient reconnues comme langues de communication fondamentales des personnes Sourdes; que les formes multiples et intersectorielles de discrimination subies par les personnes en situation de handicap soient un principe sous-tendant lapplication du projet de loi; que le projet de loi C-81 et les règlements afférents ne puissent restreindre les droits humains des personnes handicapées, garantis par la Loi canadienne sur les droits de la personne; que lors du règlement des plaintes basées sur les obstacles dans les transports, lOffice des transports du Canada ne puisse atténuer les droits des voyageurs en situation de handicap, actuellement garantis; que soient réglés les problèmes identifiés par le gouvernement fédéral entre les dispositions du projet de loi en matière demploi et la loi régissant la GRC.
Le Sénat devrait adopter le projet de loi C-81, tel que modifié, avant le 16 mai 2019. Le projet de loi reviendra alors en la Chambre des communes pour un vote sur les modifications sénatoriales. Et pour que le projet de loi devienne rapidement loi, ces modifications doivent absolument être adoptées.
Nous demandons à la Chambre des communes de programmer un vote aussitôt que possible et nous demandons à tous les membres du Parlement de voter en faveur des modifications sénatoriales au projet de loi C-81.
La Chambre des communes affaiblira le projet de loi si elle se contente de moins; dans ce cas-là, la course parlementaire de ce projet de loi risque dêtre stoppée avant lélection de cet automne. Lettre ouverte signée par:
Council of Canadians with Disabilities (CCD)
AODA Alliance
ARCH Disability Law Centre
Federal Accessibility Legislation Alliance (FALA)
Citizens with Disabilities Ontario (CWDO)
Ontario Autism Coalition
Spinal Cord Injury Canada
StopGap Foundation
Travel for All
Older Womens Network
Physicians of Ontario Neurodevelopmental Advocacy (PONDA)
Barrier Free Canada Canada sans Barrières
BC Coalition of People who use Guide Dogs
Keremeos Measuring Up Team
National Coalition of People who use Guide and Service Dogs in Canada The Project Group Consulting Cooperative
VIEWS Ontario for the Vision Impaired Doing It Blind
Communication Disabilities Access Canada (CDAC)
British Columbia Aboriginal Network on Disability Society (BCANDS) DeafBlind Ontario Services
March of Dimes Canada
North Saskatchewan Independent Living Centre Inc.
Peterborough Council for Persons with Disabilities
Québec Accessible
CNIB Foundation (Ontario and Québec)
Electromagnetic Pollution Illnesses Canada Foundation (EPIC) Ontario Federation for Cerebral Palsy
Rick Hansen Foundation



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In a powerful Open Letter sent to the House of Commons, An Extraordinary Lineup of Twenty-Eight Disability Organizations Unite to Press for the House of Commons’ Ratification of All the Amendments that the Senate Just Passed to Strengthen Bill C-81, the Proposed Accessible Canada 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

In a powerful Open Letter sent to the House of Commons, An Extraordinary Lineup of Twenty-Eight Disability Organizations Unite to Press for the House of Commons’ Ratification of All the Amendments that the Senate Just Passed to Strengthen Bill C-81, the Proposed Accessible Canada Act

May 15, 2019

SUMMARY

A strong concerted effort by Canada’s disability community has been unveiled to get the House of Commons to swiftly ratify all the amendments that the Senate just passed to improve Bill C-81, the Federal Government’s proposed Accessible Canada Act. This legislation is needed to tear down the many accessibility barriers that impede over six million people with disabilities in Canada, in areas that the Federal Government can regulate, such as air travel, banking, broadcast, telecommunication services, and the services of the Federal Government itself.

Twenty-eight disability organizations in Canada have just united to jointly send the House of Commons an open letter, set out below. It urges all MPs to swiftly ratify all the amendments to Bill C-81 that the Senate recently passed. Check out what those Senate amendments say, and why they’re needed.

This open letter, which the Council of Canadians with Disabilities delivered to all MPs on behalf of its 28 signatories (all listed below), explains that these amendments improve the bill. The Senate formulated these amendments after holding public hearings, where disability organizations and advocates pointed out the need to strengthen the bill that the House of Commons originally passed last fall. The Senate got the message, and formulated a short package of 11 amendments that together fit on two pages.

If the House of Commons passes all these amendments, the bill becomes a law. If the House of Commons rejects even one of those amendments, the bill must go back to the Senate yet again. As the open letter explains, that could delay the bill at a time when Parliament will soon rise for the fall election campaign.

The timing of this open letter is pivotal. A swift House of Commons vote on these amendments is needed to ensure that the bill does not die on the order paper.

“A federal election is fast approaching, and Canada has millions of voters with disabilities,” said David Lepofsky, chair of the non-partisan grassroots AODA Alliance who made presentations to a House of Commons Standing Committee last fall, and a Senate Standing Committee last month, on why this bill needed to be strengthened. “What political party would want to vote against measures to strengthen protections for people with disabilities, especially with an election looming? What party would want to cast a vote now that would delay Bill C-81 and risk it dying on the order paper?”

Any disability organization or group, whether national, provincial or local, can co-sign this open letter. The list of signatories will be updated as more disability organizations and groups sign on.

For your Organization/Group to co-sign this letter, just email [email protected]

Please give the following information:

  1. a) Name of your organization/Group
  2. b) Name of a contact person at your organization/group
  3. c) Email address for your organization/group
  4. d) A statement to the effect that:

My organization/group would like to sign the May 14, 2019 Open Letter to the House of Commons on the Need to Swiftly Pass All Senate Amendments to Bill C-81 – Accessible Canada Act.

To see more about the blitz that the AODA Alliance now has underway to press MPs to vote for all the Senate’s amendments to Bill C-81, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

To read the AODA Alliance’s May 6, 2019 letter to federal Disabilities Minister Carla Qualtrough, explaining why it is important for the Federal Government to agree to pass all the amendments to Bill C-81 that the Senate has now passed, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

For all the background on our efforts to get the Federal Government to enact a strong and effective national accessibility law, visit www.aodaalliance.org/canada

          MORE DETAILS

Text of the May 14, 2019 Open Letter from Disability Organizations and Groups to the House of Commons of Canada

Open Letter on the Need to Swiftly Pass All Senate Amendments to Bill C-81- Accessible Canada Act

[Le français suit]

To: All Members of Parliament

Date: May 14, 2019

The undersigned national, provincial and local disability groups ask all Members of Parliament to commit to swiftly pass all the amendments to Bill C-81, the proposed Accessible Canada Act that the Senate Standing Committee on Social Affairs, Science and Technology (SOCI) passed on May 2, 2019.

We commend the Honourable Minister Carla Qualtrough for championing this Bill and her openness to considering amendments to it, as she expressed to the Senate Standing Committee.

The Senate Standing Committee heard from a spectrum of disability organizations and advocates who supported the need for national accessibility legislation and who recommended areas where the bill could be improved to achieve its goal of ensuring that Canada becomes barrier-free for people with disabilities. SOCI chair Senator Chantal Petitclerc concluded the committee’s debates by stating that the committee’s amendments reflect the maxim of disability communities: “Nothing about us without us.

While they do not include all the improvements that disability organizations and advocates sought, the Senate’s amendments improve Bill C-81. The amendments include: setting 2040 as the end date for Canada to become accessible; ensuring that this time line does not justify any delay in removing and preventing accessibility barriers as soon as reasonably possible; recognizing American Sign Language, Quebec Sign Language and Indigenous Sign Languages as the primary languages for communication used by Deaf people; making it a principle to govern the bill that multiple and intersectional forms of discrimination faced by persons with disabilities must be considered; ensuring that Bill C-81 and regulations made under it cannot cut back on the human rights of people with disabilities guaranteed by the Canadian Human Rights Act; ensuring that the Canadian Transportation Agency cannot reduce existing human rights protections for passengers with disabilities when the Agency handles complaints about barriers in transportation; and fixing problems the Federal Government identified between the bill’s employment provisions and legislation governing the RCMP.

It is expected that the Senate will pass Bill C-81 as amended by May 16, 2019. The bill then returns to the House of Commons, for a vote on the Senate’s amendments. It is critical that the House pass all of the Senate’s amendments to Bill C-81, to ensure that this important bill swiftly becomes law.

We ask the House of Commons to schedule a vote on the bill as soon as possible. We ask all MPs to vote to pass all the Senate’s amendments to Bill C-81.

If the House of Commons does anything less, it will weaken the bill, and risk the possibility that the bill will not finish its journey through Parliament before the fall election.

Signed:

Council of Canadians with Disabilities (CCD)

AODA Alliance

ARCH Disability Law Centre

Federal Accessibility Legislation Alliance (FALA)

Citizens with Disabilities Ontario (CWDO)

Ontario Autism Coalition

Spinal Cord Injury Canada

StopGap Foundation

Travel for All

Older Women’s Network

Physicians of Ontario Neurodevelopmental Advocacy (PONDA)

Barrier Free Canada – Canada sans Barrières

BC Coalition of People who use Guide Dogs

Keremeos Measuring Up Team

National Coalition of People who use Guide and Service Dogs in Canada

The Project Group Consulting Cooperative

VIEWS Ontario for the Vision Impaired

Communication Disabilities Access Canada (CDAC)

British Columbia Aboriginal Network on Disability Society (BCANDS)

DeafBlind Ontario Services

March of Dimes Canada

North Saskatchewan Independent Living Centre Inc.

Peterborough Council for Persons with Disabilities

Québec Accessible

CNIB Foundation (Ontario and Québec)

Electromagnetic Pollution Illnesses Canada Foundation (EPIC)

Ontario Federation for Cerebral Palsy

Rick Hansen Foundation

Lettre ouverte pour une rapide ratification des modifications sénatoriales au projet de loi C-81, la Loi canadienne sur l’accessibilité.

À: Tous les membres du Parlement

Date: 14 mai 2019

Nous, les soussignés, organisations nationales, provinciales et locales de personnes handicapées, recommandons à tous les membres du Parlement de s’engager à adopter rapidement toutes les modifications au projet de loi C-81, Loi canadienne sur l’accessibilité, adoptées le 2 mai 2019 par le Comité sénatorial permanent des affaires sociales, sciences et technologie (SOCI).

Nous félicitons l’honorable ministre Carla Qualtrough d’avoir défendu ce projet de loi et, tel qu’exprimé au Comité sénatorial permanent, de son ouverture envers les modifications proposées.

Le Comité sénatorial a entendu une vaste gamme d’organisations de personnes en situation de handicap et d’intervenants marteler le besoin d’une loi nationale sur l’accessibilité et recommander l’amélioration de certains secteurs afin que le projet de loi atteigne son objectif, à savoir faire du Canada un pays exempt d’obstacles. En clôturant les débats, la sénatrice Chantal Peticlerc, présidente du SOCI, a déclaré que les modifications apportées par le Comité traduisaient le slogan des collectivités de personnes handicapées “Rien pour nous, sans nous”.

Bien que n’incluant pas toutes les améliorations revendiquées par les organisations de personnes handicapées et les intervenants, les modifications sénatoriales améliorent le projet de loi C-81. Elles stipulent : que le Canada devienne un pays totalement exempt d’obstacles d’ici 2040; que cet échéancier ne justifie aucun délai quant à l’élimination et la prévention des obstacles le plus tôt possible; que l’American Sign Language, de la langue des signes québécoise et de les langues des signes autochtones soient reconnues comme langues de communication fondamentales des personnes Sourdes; que les formes multiples et intersectorielles de discrimination subies par les personnes en situation de handicap soient un principe sous-tendant l’application du projet de loi; que le projet de loi C-81 et les règlements afférents ne puissent restreindre les droits humains des personnes handicapées, garantis par la Loi canadienne sur les droits de la personne; que lors du règlement des plaintes basées sur les obstacles dans les transports, l’Office des transports du Canada ne puisse atténuer les droits des voyageurs en situation de handicap, actuellement garantis; que soient réglés les problèmes identifiés par le gouvernement fédéral entre les dispositions du projet de loi en matière d’emploi et la loi régissant la GRC.

Le Sénat devrait adopter le projet de loi C-81, tel que modifié, avant le 16 mai 2019. Le projet de loi reviendra alors en la Chambre des communes pour un vote sur les modifications sénatoriales. Et pour que le projet de loi devienne rapidement loi, ces modifications doivent absolument être adoptées.

Nous demandons à la Chambre des communes de programmer un vote aussitôt que possible et nous demandons à tous les membres du Parlement de voter en faveur des modifications sénatoriales au projet de loi C-81.

La Chambre des communes affaiblira le projet de loi si elle se contente de moins; dans ce cas-là, la course parlementaire de ce projet de loi risque d’être stoppée avant l’élection de cet automne.

Lettre ouverte signée par:

Council of Canadians with Disabilities (CCD)

AODA Alliance

ARCH Disability Law Centre

Federal Accessibility Legislation Alliance (FALA)

Citizens with Disabilities Ontario (CWDO)

Ontario Autism Coalition

Spinal Cord Injury Canada

StopGap Foundation

Travel for All

Older Women’s Network

Physicians of Ontario Neurodevelopmental Advocacy (PONDA)

Barrier Free Canada – Canada sans Barrières

BC Coalition of People who use Guide Dogs

Keremeos Measuring Up Team

National Coalition of People who use Guide and Service Dogs in Canada

The Project Group Consulting Cooperative

VIEWS Ontario for the Vision Impaired Doing It Blind

Communication Disabilities Access Canada (CDAC)

British Columbia Aboriginal Network on Disability Society (BCANDS)

DeafBlind Ontario Services

March of Dimes Canada

North Saskatchewan Independent Living Centre Inc.

Peterborough Council for Persons with Disabilities

Québec Accessible

CNIB Foundation (Ontario and Québec)

Electromagnetic Pollution Illnesses Canada Foundation (EPIC)

Ontario Federation for Cerebral Palsy

Rick Hansen Foundation



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Canada’s Senate Passed Bill C-81, the Proposed Accessible Canada Act, on Third Reading Last Evening, Replete with All the Amendments that the Senate’s Standing Committee Made to Improve the Bill — But Will the Federal Government Vote to Ratify All Those Amendments When the Bill Returns to the House of Commons?


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

Canada’s Senate Passed Bill C-81, the Proposed Accessible Canada Act, on Third Reading Last Evening, Replete with All the Amendments that the Senate’s Standing Committee Made to Improve the Bill — But Will the Federal Government Vote to Ratify All Those Amendments When the Bill Returns to the House of Commons?

May 14, 2019

          SUMMARY

Last evening the Senate of Canada passed Bill C-81, the proposed Accessible Canada Act, on Third Reading, complete with all the amendments that the Senate’s Standing Committee on Social Affairs added to the bill on May 2, 2019. This is an important step forward for this bill, and a helpful step for people with disabilities in Canada. Below we set out the Hansard transcript of the Third Reading debates on Bill C-81 that took place in the Senate last evening.

The first among the speeches on the bill was by Senator Jim Munson. Senator Munson is the Federal Government’s sponsor of the bill in the Senate. It is likely that some or all of his speech was written by the Federal Government.

Bill C-81 is not yet an enforceable law. It is still just a bill, a proposed law.

For Bill C-81 to become a law, it must go back to the House of Commons. The House must vote on the amendments that the Senate has added to the bill. If the House of Commons passes all those amendments, Bill C-81 becomes a law. If the House of Commons does not pass some or all of those amendments, it remains a bill, a proposed law. The Senate would then have to vote again on the bill, but without the Senate’s amendments.

Thus, all attention must now focus on the House of Commons, and especially on the Trudeau Government which has a majority of seats in the House. The Federal Government has not yet said it will vote for all the Senate’s amendments to Bill C-81.

As we announced days ago, we and many other people with disabilities and disability organizations are campaigning to get the House of Commons to pass ALL the amendments to the bill that the Senate has just passed. We are focusing special attention on the Senate’s commendable amendments that would set the time line of 2040 for Canada to reach full accessibility to people with disabilities, while making it clear that this time line may not delay progress before then on accessibility.

For tips on how to help with this time-sensitive blitz, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

Please email or tweet as many Members of Parliament as you can. Press them to agree to pass all the amendments that the Senate Standing Committee made to Bill C-81. For action tips on how you can help press the Federal Government to agree to pass ALL the amendments to Bill C-81 that the Senate passed, and to read our May 6, 2019 letter to federal Disabilities Minister Carla Qualtrough (explaining why we need all these amendments passed), visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

To find your MP’s email address or Twitter handle, visit https://www.ourcommons.ca/en and search for their contact information.

To read the text of the Senate Standing Committee’s amendments to Bill C-81, and a good explanation of them by the ARCH Disability Law Centre, visit https://www.aodaalliance.org/whats-new/more-specifics-on-the-amendments-to-bill-c-81-the-proposed-accessible-canada-act-that-the-senates-standing-committee-passed-and-that-we-want-the-house-of-commons-to-ratify-still-no-commitment-by /

To watch the captioned video of AODA Alliance Chair David Lepofsky’s opening statement at the Senate Standing Committee on April 11, 2019 (10 minutes), visit: https://www.youtube.com/watch?v=FERCAljHbrw&feature=em-uploademail

To watch a captioned video of the portion of the Senate Standing Committee’s question-and-answer after that opening statement, where the AODA Alliance answers questions directed to us (26 minutes), visit https://www.youtube.com/watch?v=Dr0fCtB_cyw&feature=em-uploademail

To read the AODA Alliance’s May 6, 2019 letter to federal Disabilities Minister Carla Qualtrough, explaining why it is important for the Federal Government to agree to pass all the amendments to Bill C-81 that the Senate has now passed, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

Our overall strategy regarding Bill C-81 is unfolding as we planned. The Senate’s amendments, for which we and others fought so hard, help improve this bill. The bill clearly needed improvements. Now the issue will come before the House of Commons just months before an impending federal election.

From a disability advocacy perspective, this timing is very helpful to our cause. What elected politician or party would want to vote against measures to strengthen the protections for people with disabilities, especially with an election looming? What elected politician or party would want to cast a vote now that would delay Bill C-81 from becoming a law?

For all the background on our efforts to get the Federal Government to enact a strong and effective national accessibility law, visit www.aodaalliance.org/canada

Please send us your feedback. Email us at [email protected]

          MORE DETAILS

Senate of Canada Hansard May 13, 2019

Originally posted at https://sencanada.ca/en/content/sen/chamber/421/debates/287db_2019-05-13-e

Accessible Canada Bill

Third Reading

Hon. Jim Munson moved third reading of Bill C-81, An Act to ensure a barrier-free Canada, as amended.

He said: Honourable senators, what a journey we have been on. What a journey all of us have been on.

Senators, as the sponsor of this bill, I’m pleased to speak tonight at the third reading of Bill C-81, An Act to ensure a barrier-free Canada, also known as the Accessible Canada Act. I am humbled and honoured to speak to a bill that will no doubt become a proud part of Canadian history.

Making history takes dedication, hard work and perseverance. So I want to acknowledge the work of many people who helped get this bill to this stage.

I want to thank the chair and deputy chair of the Standing Senate Committee on Social Affairs, Science and Technology, Senators Petitclerc and Seidman, and all members who attended the committee meetings. Questions were engaging and led to an enlightening input from witnesses and to constructive amendments. This committee works so well together; I am honoured to be a member.

Thank you also to our clerk and administrator, Dan Charbonneau and Ericka Dupont, for arranging sign language, ASL, and CART services, Communication Access Real-time Translation, and the special room set-up, which helped to make the Senate committee meetings the most accessible to date. The Senate should be proud in this regard. We have shown leadership by example.

I also want to acknowledge the incredible work of the Minister of Public Services and Procurement and Accessibility, Carla Qualtrough. She and her team have shown great leadership on accessibility, and I can confidently say that Bill C-81 enjoys widespread support due to their efforts.

Most importantly, I want to recognize persons with disabilities, stakeholders, and organizations who all play a crucial role in accessibility in Canada. They have all invested tremendous work and energy into this historic bill, ensuring that it reflects the priorities of persons with disabilities. Their contributions have been instrumental in getting the bill in its amended form to this stage. Thank you for sharing your personal experiences and stories with us. I know it takes courage. We could not have done any of this without your involvement and expertise. Some of those folks are here in the Senate tonight.

Senators Petitclerc and Seidman gave excellent speeches at the report stage of the bill last week, summarizing the amendments that were adopted at committee. I will not go over the amendments and details again. However, I do want to highlight some important testimony.

Over the course of our committee hearings we heard repeatedly that the time for an accessible Canada act is now. Canadians facing barriers to fully participating in their workplaces and society told us and are still telling us to pass this bill into law. Here is what Bill Adair from Spinal Cord Injury Canada and with the Federal Accessibility Legislation Alliance, or FALA, told us at committee:

What people are telling us across the country who are participating with FALA is: We want the bill. Give us something to work with. Yes, push for the changes, but at the end of the day, before the election, we want the bill. That gives us structure and the framework so that we can get to work on removing barriers and we want it now. We’ve been waiting far too long and this is our day.

Senators, everyone is eager to see this bill become law. We must continue our essential work in order to take it over the finish line. This community has waited long enough for this recognition and respect.

Another significant and positive change is that Bill C-81 will shift the responsibility on to the system and away from the individuals facing barriers in their daily lives. Diane Bergeron from CNIB said during her testimony:

Having a disability is exhausting, and I do not say that lightly. But when you have to deal with discrimination, rights violations, different pieces of legislation, criticisms, people not thinking that you have value, it makes it worse. The current system is unfair and unacceptable.

Colleagues, we know the history. It is one of institutionalization, sterilization and social isolation. Canada had a system that took children away from their families and power away from our citizens. Persons with disabilities were seen as burdens and treated as if they were broken. Our country simply cannot continue to place the burden of advancing human rights on individuals. We can do better, and we must do better. In fact, with this bill we will do better.

In addition to this necessary shift in responsibility, the accessible Canada act, when passed, will set best practices and a framework that the provinces and the private sector can mirror. Most importantly, this bill will start to shift culture, perception and understanding of what inclusion in our society should really look like. I cannot come up with a better analogy that encompasses my hope for what this legislation will achieve than that of Minister Qualtrough. You have to be a sports fan to get this. I couldn’t agree more when she said at committee:

I think we will look back on this as a “TSN Turning Point” on disability rights and the way we talk about disability in this country.

The words of the minister.

Honourable senators, in 2017, approximately 6.2 million people, or about 22 per cent of Canadians aged 15 years and older, reported being limited in their daily activities due to a disability. This percentage is expected to increase in the coming years due to Canada’s aging population, since the prevalence of disability increases with age. This is why the government consulted with over 6,000 individuals from across the country with lived experience over the course of this bill’s development. They have continued to be consulted and included as witnesses and experts at committee so that we can use their knowledge and their experiences to help drive the change needed for a better tomorrow.

One of those witnesses was Steven Estey from Nova Scotia, from the Council of Canadians with Disabilities. This organization helped facilitate some of these consultations. Mr. Estey gave us a good summary of what that meant. He said:

. . . to talk to Canadians with disabilities about what they wanted in this legislation. We had a chance to talk to over a thousand people across the country. We had 22 separate consultations in towns and cities across the country. We had telephone consultations. We had Internet consultations. We really spent a lot of time trying to figure out what people wanted to see in this legislation. It’s an important thing for us to be involved with. We have really appreciated the opportunity and the support that we have had to be able to do that.

This is what inclusion looks like, honourable senators. Consultation, collaboration, cooperation and real input from real life experience. I know that the finer points of the bill have been outlined to you many times, including by myself, but I do want to talk again about the Canadian accessibility standards development organization. The landmark importance of the CASDO board membership aligning with the community’s mantra of “nothing about us without us.” Think about it. Because it’s the board membership who will be responsible, with their own lived experience, in making standards.

I’ve always said this, that you need to be in the room when it comes to communications. It is just as important in policy making; you need to be in the room to make a difference and to influence change. In this case, CASDO will set regulations that will lead to better results for people in this country. I hope it reoccurs in other areas of policy development. Applying a disability lens is crucial in moving forward.

Barbara Collier, Executive Director of Communication Disabilities Access Canada explained in her testimony at committee what that organization represents. Her list included people with or affected by cerebral palsy, autism spectrum disorder, Down’s syndrome, learning disability, fetal alcohol syndrome, cognitive and intellectual disability, acquired brain injury, aphasia after a stroke, dementia, head and neck cancer, Lou Gehrig’s disease or ALS, Parkinson’s disease and multiple sclerosis.

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Senators, these are common conditions. It made me realize again that we will all face barriers to fully participating in society at some point in our lives. This is legislation that will affect us all in a positive way.

We learned at committee that many wheels are already in motion in anticipation of the bill coming into force. Job postings are already online for the chief accessibility officer and the CEO and board of the Canadian Accessibility Standards Development Organization, or CASDO. In fact, CASDO is expected to open its doors this summer. We know that the organizations responsible for accessibility have taken advanced steps towards planning regulations. In fact, the Canadian Transportation Agency, or CTA, has already released the first draft of its accessibility regulations.

Committee members gave the bill and its adopted amendments a deserved thorough study and consideration despite time constraints. I know that many of these amendments came right from the community, witnesses and organizations; I think we should pass the bill with these changes and let the other place do its job and reflect on our amendments. This is the process of our democracy and of our Parliament. We all need to move swiftly.

I will say it again: An accessible Canada act is a long-overdue recognition for human rights equality for 6.2 million — or one in five — Canadians. The 2017 disability survey also indicated that of the approximately 1.5 million Canadians with a disability aged 15 to 64 who are unemployed, approximately 654,000 are potential candidates for work in an inclusive, discrimination-free and accommodating labour market.

Yes, senators, there is a business case for inclusion. There is a huge untapped talent pool that could help improve Canada’s shrinking labour market.

As I mentioned, the spirit of collaboration on this bill has been and continues to be exceptional. I’m always an optimist, so over the course of study and consultations it became obvious that the removal of barriers is universal in scope and understanding. Together, our society is ready to take this step, the first of many towards a fair and equal-opportunity society. The momentum is with us.

Colleagues, I am proud of Bill C-81. I am proud of the amendments made at committee. We need to send the amended bill to the other place this week so that we can receive it back in time to do what Canadians have been asking us to do through testimony, letters, emails and phone calls: Give Canada a framework toward being barrier-free and accessible for all.

This is the time, colleagues. This is their time. It’s our opportunity to help make this happen and to be on the right side of history.

I will close tonight with some words from the great Jean Vanier, the master of inclusion. As you know, he passed away last week at the age of 90. At a 1998 Massey Lecture entitled Becoming Human, he said:

As we become more conscious of the uniqueness of others, we become aware of our common humanity. We are all fundamentally the same, no matter what our age, gender, race, culture, religion, limits or handicaps may be.

Honourable senators, as I said at the beginning of my speech, we are on a shared journey. What we have discovered on this journey is a new path of inclusion, a path where, as they say in the disability community:

Nothing About Us Without Us.

I recognize we haven’t satisfied everyone. That’s the way it is when you’re building something we have never had before: a Canada without barriers.

But we have done our job. We have discovered more about each other. We have captured the meaning of empathy. We have amended the bill. We recognize there will always be next steps. This is a step toward a more inclusive society.

Thank you very much.

Some Hon. Senators: Hear, hear!

[Translation]

Hon. Thanh Hai Ngo: Honourable senators, I rise today at third reading stage of Bill C-81, An Act to ensure a barrier-free Canada.

For one last time, I want to express my full support for the bill and commend the Standing Senate Committee on Social Affairs, Science and Technology on its excellent work. I also want to acknowledge the work of the chair of the committee, Senator Petitclerc, as well as that of the deputy chair, Senator Seidman, on a decisive and historic bill for Canada.

I won’t get into the details of the thorough review undertaken by the committee, since Senators Petitclerc and Seidman already did so quite eloquently. However, I’d like to draw your attention to the remarkable work that the committee has done since March 21, 2019.

The committee studied the bill in depth over the course of four meetings, with the intention of widening its scope. After hearing testimony from 20 interest groups four organizations, the committee did indeed make changes that are favourable to the primary goal of the bill.

Although I’m not a member of that committee, it is clear that those long, well-informed deliberations led to the adoption of 11 amendments. Through those deliberations, the vast and unique needs of many groups of disabled persons were identified by the committee, which led to specific amendments that improve Bill C-81 without jeopardizing its long-awaited passing.

To sum up, the changes to the bill remain faithful to its principles while doing more to recognize, eliminate and prevent barriers in all areas of federal jurisdiction. This new version of the bill also takes into account the fact that seniors living with disabilities also experience multiple and intersecting forms of marginalization and discrimination.

Another amendment recognizes sign languages as the primary language for communication by deaf persons in Canada and an integral part of their accessibility. After all, the recognition of sign languages constitutes an essential part of their culture and a valuable tool that enables them to participate in society.

[English]

Honourable senators, these are some examples of the positive changes that were made to the bill in consultation with experts and in collaboration with the extensive work that was previously accomplished in the other place.

I feel this bill should also act as a signal and reminder to the government regarding the recent news of 34 developmentally disabled federal workers who hold segregated and redundant jobs in Ottawa. Their contract is set to end in March 2020. I hope that, once enacted, this law will eventually represent further actions for every Canadian with a disability in order to help them become full, equal members of society.

After all, a barrier-free Canada requires us to understand the norms, societal attitudes and stigma that prevents people with intellectual, cognitive and physical disabilities from fully participating in society.

I truly believe this bill, once enacted, will be a tool for many organizations that are ready and have been patiently preparing for the implementation in order to respond to these emergent challenges and obstacles.

Honourable senators, this historic law is a testament of the great work that was accomplished in the hallmarks of this great chamber in defence of the rights of minorities.

It marks a new beginning. We will transform and address accessibility by becoming proactive instead of reactive for Canadians who do not want to be treated as a burden but as full and equal members of society as we continue to grow and learn how to become more inclusive. Thank you.

(1920)

Hon. Marty Deacon: Honourable senators, I rise to speak to Bill C-81, An Act to ensure a barrier-free Canada. I have listened with great interest to my colleagues, as well as to the many witnesses we had at the Social Affairs Committee. I speak today to share with you my perspective, my story, based on a lifetime of learning and action in this very important area.

When I arrived in Senate 15 months ago, there was much to learn; there is still much to learn. For instance, when I arrived here, I had incorrectly assumed that accessibility had already been addressed as a national issue with a fulsome national strategy. Why? Because my own formal leadership on accessibility began in Ontario, 14 years ago. I thought — silly me — that the same regulations were being mandated nationally, given how much time had elapsed since this successful law in Ontario was implemented and began its implementation in 2005.

Honourable senators, 2019 is far too late in the game to be discussing and mandating accessibility for all at the federal level, and it’s why the bill before us is so important.

In my previous life, as an educator, every day I was faced with an issue by a student, their family, a teacher or a community member who challenged fair, equitable and inclusive access. One case — and sometimes it just takes one — in particular crystallized for me what would be become a lifetime commitment to universal accessibility.

Imagine now a single mother with six children, all under the age of 10. Three of them carry the positive gene for Duchenne’s disease, a severe type of muscular dystrophy that over time reduces muscular function. It eventually results in the young person being immobilized, weakened and in need of a wheelchair.

The family survives on a low income, and, frankly, the school and the community are their lifeline. As principal of the school, on a one-floor facility, my staff and I gave the family everything we had, from meals to fundraisers, to transportation, to tutoring, and finally to the purchase of a well-used wheelchair for her oldest son, Ricky.

This school goes up to Grade 6, and now it becomes time for Ricky to graduate from junior school and move on to middle school. We meet with a team of educators and medical support people to determine the best plan for Ricky. As a former secondary school administrator, new to elementary administration, I learn that due to Ricky’s physical needs he will not be able to attend the middle school just down the road. There are just too many accessibility issues. Eventually, I learn that he will have to take a 50-minute bus ride to the nearest school that will provide some sort of wheelchair access.

How do I tell his mother, with so much on her plate already, that her son will now spend over 100 minutes a day with strangers, with different untrained bus drivers, travelling on several highways, with no significant network of support, and that in two years, if Ricky is able to keep on attending school, his ride to high school will be even more challenging and disconnected with yet another group of young people, all at the same time his condition worsens and that in two years she will have to go through this all over again with her next child?

As it turned out, it was a hard lesson I needed to learn. This was in 2005, the same year that the Ontarians with Disabilities Act became law. As you know, the act was aimed at identifying, removing and preventing barriers for people with disabilities. It applied then to government, non-profit and private sector businesses in Ontario that have one or more employees.

My own school board needed an established leader to commit to this AODA work for at least three years. Somewhat fortuitously, I was invited to take on this role. It was going to be tough work, very political, but an opportunity to bring many internal and external stakeholders together to do the right thing. Most of the table I worked with was represented by those representing diverse accessibility needs in our community. My job would be to ensure that all aspects of the act were being addressed, that all staff and volunteers were trained, that we had an accessibility policy and procedures, and that we had a multi-year accessibility plan with annual public updates, timelines and monitoring in place. I continued this leadership for 10 years. The work was ongoing and a challenge politically, financially and ensuring equity while the voices of all were heard.

Senator Moncion highlighted her work related to the AODA at second reading. I will not repeat her message. However, I will indicate how the “visible” and “invisible” needs of those with a disability are far-reaching and diverse. We started with the built environment and spaces in 130 buildings and new builds. I learned more about architecture, facility design, ramps, lifts, nine styles of elevators, more than I dreamed possible. One basic washroom to upgrade for one child was $35,000; one elevator was half a million dollars. How do you prioritize? Every student matters.

These are the more visible physical needs we are familiar with. It’s the invisible needs that are often overlooked; that is, making sure every individual — just as we do in the Senate — feels they are part of their community.

As a result of deep consultation, we were determined that every decision had to result in our students being able to attend a school within their family of schools, which is a geographically smaller region. This would not be the closest to their home, perhaps, but still in their community — full stop. We had to find the way and we did. Every decision was and continues to be backward mapped with this in mind; that is, to find a way to keep our students and families in their community.

Honourable senators, imagine your son or daughter being told they could go on a bus for a class trip with their classmates on a bus all by themselves — not with their friends, not with their peers.

One of my proudest moments was meeting with 200 bus drivers, getting some buses retrofitted, modified and ensuring more of our students could travel and experience being with their classmates. The visible need was physically getting the student to their destination by ensuring the best barrier-free environment. The invisible need was ensuring the student would not be stigmatized on a separate bus and they could contribute and participate in this class trip to the same extent as their peers — something they deserve.

This is why this legislation is so important. It will aim to make federally regulated entities so much more accessible. However, it will also unlock the potential of a huge group of Canadians who have been held back in one way or another. It will allow them to participate and contribute to their community in ways that, quite frankly, they should have been able to do long ago. With this legislation, Canada could become a world leader in accessibly. This leadership is sorely needed.

In my role as an international coach and sports leader travelling internationally, I saw first-hand and continue to see first-hand the great disparity in the respect and understanding of what it means to try to embrace and provide support for those with a disability. I observed countries that “hid” those with disabilities, countries whose representatives said to my face, “We have no citizens with disabilities.” I watched first-hand a political leader of a G7 country, while on Canadian soil, say, “There is no place for athletes with a disability in a major sporting event.”

Thankfully, this culture is changing. I’m excited to say, after 12 years of advocacy, my sport will have its debut at the 2020 Paralympics in Tokyo. To get to this point, again, we had to educate the countries that did not support their para-athletes and para-children, and did not demonstrate their beliefs in accessibility or inclusion. This has taken over a decade.

This past weekend, at Carleton University in Ottawa, I was able to speak with families and para-athletes from many countries about what sport means to them, what it means to be barrier-free and the work that must still continue around the world. The passage of Bill C-81 for Canada will set the kind of example needed to keep this momentum going.

Senators, I want to shift my thinking before I wrap up. I want to thank the steering committee of the Social Affairs Committee — Senator Munson, Senator Seidman and our chair, Senator Petitclerc, for guiding us through such a comprehensive and in-depth process. You have heard that said earlier this evening. It is so very true. It was a collective effort by all groups and caucuses represented at committee, and that showed in fulsome but respectful discussions that played out at clause-by-clause consideration of the bill, which led to some good amendments in the legislation.

To the large but important number of Canadians who will be directly affected by this legislation, I can say to you with confidence that every member of the Social Affairs Committee has listened to your concerns. I want to thank the many individuals who gave us such compelling evidence at committee, as well as the hundreds who took the time to write and meet with us. Colleagues, many of these stakeholders have been advocating for years. They are very tired, exhausted but hopeful for the immediate passage of this bill.

(1930)

While no piece of legislation is perfect, I am confident that the bill before us gives us a solid foundation and permission to rebuild our culture in the years to come. A senator last week reminded me that there is progress and there is perfection. This bill is no different. Bill C-81, the time for all is now. Thank you.

Hon. Yonah Martin (Deputy Leader of the Opposition): Honourable senators, I rise today also to speak very briefly at third reading of Bill C-81, An Act to ensure a barrier-free Canada. Bill C-81 enacts the accessible Canada act in order to enhance the full and equal participation of all persons, especially persons living with disability, in our society. This bill will require federally regulated entities across the country to ensure accessibility to workplaces, public spaces, employment, programs, services and information.

Bill C-81, as others have stated, is an important step in the right direction to address the barriers that many Canadians face. The message that we have heard from advocates has been the same: Bill C-81 is a good bill and deserves to be enacted into law but no one can be certain of the full effect that this bill will eventually have. This will require further knowledge and learning from a practical perspective and a commitment to work in consultation with stakeholders across Canada.

I want to associate myself with some of the very important comments that have been made in this chamber and especially recognize our colleague Senator Munson, who has dedicated so much of his life to really be quite a voice and a champion for Canadians with disabilities and, of course, on issues like autism. He has been a cosponsor on a number of events, and we have done some meaningful work together. I know that one of the motions that we cosponsored that recognized June as Deafblind Awareness Month recognizes this important subgroup of Canadians who are living with some incredible challenges.

This motion was adopted unanimously in 2015, and it was sort of thanks to our retired former colleague Senator Vim Kochhar who many of us know to be a real champion and a strong voice for Canadians living with physical disabilities as well as other disabilities. Through his outstanding effort and inspiration, we have worked together to achieve certain outcomes through the Senate. Senator Kochhar also cofounded the Canadian Helen Keller Centre and Rotary Cheshire Home, which is said to be one of the only facilities in the world where those who live with deaf-blindness can live independently.

Some of the intervenors who have come to the Hill have spoken about their work to help Canadians living with deaf-blindness communicate. Their work is truly astonishing. It’s a real calling for them to serve in this capacity. They work in a unique space where they allow those who cannot communicate otherwise to communicate with the outside world.

I also know that the work of our former colleague Senator Asha Seth also led to a motion to designate May as National Vision Health Month. That, too, was unanimously adopted in the Senate.

I stand together with many of you who have spoken on this measure and also recognize the great work of our Social Affairs Committee, the chair, the deputy chair and committee members to ensure that important amendments were adopted that will help towards ensuring a barrier-free Canada as is envisioned in this bill.

I had the opportunity to meet with the Canadian Association of the Deaf and President Frank Folino, who was also a witness during committee hearings on this bill, as well as Bill Adair, Executive Director, Spinal Cord Injury Canada. They expressed their firm support of passage of Bill C-81 as a very important step, but they were also hopeful that there will be continued vigilance and effort towards proper implementation and, of course, that same intention beyond implementation. In some ways we have achieved this important milestone, but our work will begin to ensure that implementation and the work beyond implementation will be successful.

I recognize these men and others who have been the real heroes and champions who inspired this important legislation and once again thank our colleagues Senator Munson, Senator Ngo and members of the Social Affairs Committee for your leadership helping this chamber arrive at this significant moment in our legislative history.

Your Honour and honourable senators, I am definitely ready for the question.

Hon. Tony Dean: Thank you Senator Martin and others who have spoken. Thank you, Senator Munson, for your very fine sponsorship of this legislation.

I have some brief introductory remarks and then I want to speak specifically about the inclusion of communication in this bill as a category of challenge in the spectrum of disabilities.

I rise to add my voice to Bill C-81, An Act to ensure a barrier-free Canada. We all know now that the stated policy objective of this important and historic piece of legislation is to enhance the full and equal participation of all individuals, with a special emphasis for those living with disabilities. The bill is designed to achieve a barrier-free Canada through the identification, removal and prevention of barriers in areas of federal jurisdiction.

Many groups, including various disability advocacy groups, support Bill C-81 and are urging us to pass this bill before our summer break. Senate leaders met on April 4 to sign an agreement to ensure several pieces of legislation are voted on prior to the break and the next federal election. This bill is one of them.

I want to take this opportunity to congratulate the facilitator of the Independent Senators Group, the Leader of the independent Senate Liberals, the Government Representative in the Senate and the Senate Conservative Leader on this important modernizing step. You will know, I think, that I and others here believe that we could benefit greatly from more organized and effective business planning of this sort. Moreover, that’s what Canadians expect of us, and they expect and deserve timely votes on all bills, but particularly on bills that are inclusive of all members of our society and that aim to protect some of our most vulnerable people, bills like Bill C-81.

An act to ensure a barrier-free Canada is a direct response to a 2016 federal budget announcement that made a commitment to “eliminate systemic barriers and deliver equality of opportunity to all Canadians living with disabilities.”

Among other things, the bill aims to guide future interpretations of the accessible Canada act by setting out important principles and including a provision that states that all persons, regardless of their abilities or disabilities, must be treated with dignity, enjoy equality of opportunity, be able to fully and equally participate in society without barriers and have autonomy.

It also establishes the application of the accessible Canada act bringing greater clarification to which bodies and entities are bound by accessibility legislation and allows the Governor-in-Council to designate a minister to be responsible for this act.

Another important piece of this legislation is the proposed establishment of the Canadian accessible standards development office, CASDO, which Senator Munson has spoken about eloquently.

I emphasize that the CASDO would be overseen by a board of directors whose majority identify as persons with disabilities. The board would be responsible for setting the organization’s strategic direction and managing the activities and affairs in accordance with its mandate.

The inclusion of people with disabilities on the board would ensure fair representation for the many Canadians who don’t currently have a voice in accessibility standards.

Honourable senators, while no single area of accessibility is more important than any other, I would like to now focus some remarks on the issue of communication.

I am delighted that communication is recognized in key definitions in this bill, including in the definitions of barrier and disability. This legislation says that “barrier” means anything including physical, architectural, technological or attitudinal that is based on information or communications or anything that is the result of a policy or practice that hinders the full and equal participation in society of persons with a physical, mental, intellectual, learning, communication, sensory impairment or functional limitation.

(1940)

It also defines “disability” as a physical, mental, intellectual, learning, communication, sensory impairment or functional limitation, whether permanent, temporary or episodic in nature that an interaction with a barrier hinders a person’s full and equal participation in society.

This recognition of communication is critically important, as communication includes the half million Canadians who have speech and language disabilities that are not caused by significant hearing loss and who do not require or use sign language. They may have lifelong disabilities, such as cerebral palsy, autism, spectrum disorder, Down syndrome, learning or cognitive disabilities. Other people may have acquired disabilities that affect communication, such as traumatic brain injury, stroke, dementia, ALS, multiple sclerosis and much more.

Having a communication disability can affect one or more areas of a person’s ability to speak, to understand what others are saying, read or write. People with theses disabilities may communicate using unclear speech, writing, typing, pictures, symbols, speech-generating devices, sign language interpreting, captioning and communication assistive devices.

Recognizing the broad scope of communication is also consistent with the optional protocol to the United Nations Convention on the Rights of People with Disabilities, of which Canada is a signatory. This is obviously important for many reasons, but I’d like to highlight a tangible example for honourable senators to consider.

Similar to the need for sign language services for people who are deaf or translation services for people who don’t speak English or French, victims, witnesses and accused persons with speech and language disabilities may require appropriate communication supports in police, legal and justice services. Despite the fact that people with speech and language disabilities are at high risk for all types of abuses and crimes — and remember, for violators, the best victims are often the ones who are perceived not to be able to tell. Communication support services in police, legal and justice services are not routinely provided as an accessibility accommodation.

Communications intermediaries are qualified speech-language pathologists who have extra training from Communication Disabilities Access Canada, CDAC, to work in justice settings. CDAC maintains a database of trained intermediaries with limited funding from a small private foundation. These services are provided to people who require assistance, understanding questions posed to them or supporting them communicating what they want to say to police, legal and justice professionals.

In a case in Canada I recently learned about, an elderly woman indicated to her son, a police officer, that she had been sexually assaulted by a personal support worker in a retirement or long-term care facility. The woman had a stroke two years before the incident, which left her with aphasia, a communication disorder that results from damage to the language centres of the brain. She had difficulty understanding spoken language and expressing her thoughts in words, as well as difficulties in reading and writing. She communicated what happened using gestures, some speech and pointing to pictures.

The Crown attorney recognized that she would require assistance to communicate in court and engaged a communication intermediary who conducted an assessment. The intermediary concluded that the woman could effectively communicate in court if provided with appropriate communication intermediary support to ensure that she rephrase questions posed to her in ways she could understand and to facilitate her responses using pictures. The judge denied the woman access to the communication supports that she required to testify.

This case illustrates the lack of understanding about accessibility accommodations required by a victim, witnesses or an accused person who has speech and language disability.

Having strong accessibility legislation in place makes it mandatory for all justice services to provide people with the communication accommodations and supports they need, including communication boards, speech-generating devices, sign language interpretation, captioning and communications assistance devices, and is an important move in ensuring that the policy objectives of this bill are realized. Access to appropriate supports for people living with disabilities that affect communications would go beyond our justice system and would also include access to health services, education and more.

Honourable senators, I want to share with you one other brief story, the story of a friend of mine of 30 years who in the past several months came to know all too well the challenges associated with difficulty in communications. Kim Clarke Champniss, as some of you will recall from his work in the heyday of MuchMusic as a veejay, TV producer and a challenging interviewer of the world’s top rock and roll artists, lost his voice permanently in the past months due to radical throat surgery that was used to address throat cancer.

I’ve watched Kim over the last weeks and months heroically take on this challenge, including the challenge of access to supports and technologies that would assist in his ability to continue engaging in the world with his upbeat energy and curiosity about the human condition. Kim will get through this. He would say, “I’m all right, Tone. I’m all right.” But Kim would also wish for better services for those who were alongside him and those who will undoubtedly follow him with communications challenges.

I would urge the government to ensure someone with a disability that affects their speech, language and communication be considered as a member of the board of the proposed Canadian Accessibility Standards Development Organization, CASDO, which was mentioned earlier. Their contributions would greatly benefit the 500,000 people living with speech and language difficulties and ensure that no one is left behind.

I would also like to recognize that standards and regulations under Bill C-81 will need to be updated every five years, which allows for changes in innovation. They will also require public review before they are adopted.

I close by saying, senators, that Bill C-81 needs to pass now. We have an obligation as parliamentarians and senators to protect the needs of all Canadians, especially those who are among the most vulnerable in our society. I strongly believe that acknowledging this community is an essential part of meeting the objectives of this bill, which will ultimately aim to remove and prevent barriers for all people in this country.

I end by thanking Barbara Collier, who has been a tireless advocate for a communications amendment passed in the House of Commons. With these final words, I would ask my honourable colleagues to join me in voting in favour of Bill C-81, An Act to ensure a barrier-free Canada. Thank you, all.

The Hon. the Speaker: Is it your pleasure, honourable senators, to adopt the motion?

Hon. Senators: Agreed.

(Motion agreed to and bill, as amended, read third time and passed.)



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Canada’s Senate Passed Bill C-81, the Proposed Accessible Canada Act, on Third Reading Last Evening, Replete with All the Amendments that the Senate’s Standing Committee Made to Improve the Bill


But Will the Federal Government Vote to Ratify All Those Amendments When the Bill Returns to the House of Commons?

Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

May 14, 2019

SUMMARY

Last evening the Senate of Canada passed Bill C-81, the proposed Accessible Canada Act, on Third Reading, complete with all the amendments that the Senate’s Standing Committee on Social Affairs added to the bill on May 2, 2019. This is an important step forward for this bill, and a helpful step for people with disabilities in Canada. Below we set out the Hansard transcript of the Third Reading debates on Bill C-81 that took place in the Senate last evening.

The first among the speeches on the bill was by Senator Jim Munson. Senator Munson is the Federal Government’s sponsor of the bill in the Senate. It is likely that some or all of his speech was written by the Federal Government.

Bill C-81 is not yet an enforceable law. It is still just a bill, a proposed law.

For Bill C-81 to become a law, it must go back to the House of Commons. The House must vote on the amendments that the Senate has added to the bill. If the House of Commons passes all those amendments, Bill C-81 becomes a law. If the House of Commons does not pass some or all of those amendments, it remains a bill, a proposed law. The Senate would then have to vote again on the bill, but without the Senate’s amendments.

Thus, all attention must now focus on the House of Commons, and especially on the Trudeau Government which has a majority of seats in the House. The Federal Government has not yet said it will vote for all the Senate’s amendments to Bill C-81.

As we announced days ago, we and many other people with disabilities and disability organizations are campaigning to get the House of Commons to pass ALL the amendments to the bill that the Senate has just passed. We are focusing special attention on the Senate’s commendable amendments that would set the time line of 2040 for Canada to reach full accessibility to people with disabilities, while making it clear that this may not delay progress before then on accessibility.

For tips on how to help with this time-sensitive blitz, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

Please email or tweet as many Members of Parliament as you can. Press them to agree to pass all the amendments that the Senate Standing Committee made to Bill C-81. For action tips on how you can help press the Federal Government to agree to pass ALL the amendments to Bill C-81 that the Senate passed, and to read our May 6, 2019 letter to federal Disabilities Minister Carla Qualtrough (explaining why we need all these amendments passed), visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/ To find your MP’s email address or Twitter handle, visit https://www.ourcommons.ca/en and search for their contact information.

To read the text of the Senate Standing Committee’s amendments to Bill C-81, and a good explanation of them by the ARCH Disability Law Centre, visit https://www.aodaalliance.org/whats-new/more-specifics-on-the-amendments-to-bill-c-81-the-proposed-accessible-canada-act-that-the-senates-standing-committee-passed-and-that-we-want-the-house-of-commons-to-ratify-still-no-commitment-by /

To watch the captioned video of AODA Alliance Chair David Lepofsky’s opening statement at the Senate Standing Committee on April 11, 2019 (10 minutes), visit: https://www.youtube.com/watch?v=FERCAljHbrw&feature=em-uploademail

To watch a captioned video of the portion of the Senate Standing Committee’s question-and-answer after that opening statement, where the AODA Alliance answers questions directed to us (26 minutes), visit https://www.youtube.com/watch?v=Dr0fCtB_cyw&feature=em-uploademail

To read the AODA Alliance’s May 6, 2019 letter to federal Disabilities Minister Carla Qualtrough, explaining why it is important for the Federal Government to agree to pass all the amendments to Bill C-81 that the Senate has now passed, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

Our overall strategy regarding Bill C-81 is unfolding as we planned. The Senate’s amendments, for which we and others fought so hard, help improve this bill. The bill clearly needed improvements. Now the issue will come before the House of Commons just months before an impending federal election.

From a disability advocacy perspective, this timing is very helpful to our cause. What elected politician or party would want to vote against measures to strengthen the protections for people with disabilities, especially with an election looming? What elected politician or party would want to cast a vote now that would delay Bill C-81 from becoming a law?

For all the background on our efforts to get the Federal Government to enact a strong and effective national accessibility law, visit www.aodaalliance.org/canada

Please send us your feedback. Email us at [email protected]

MORE DETAILS

Senate of Canada Hansard May 13, 2019

Originally posted at https://sencanada.ca/en/content/sen/chamber/421/debates/287db_2019-05-13-e

Accessible Canada Bill

Third Reading

Hon. Jim Munson moved third reading of Bill C-81, An Act to ensure a barrier-free Canada, as amended.

He said: Honourable senators, what a journey we have been on. What a journey all of us have been on.

Senators, as the sponsor of this bill, I’m pleased to speak tonight at the third reading of Bill C-81, An Act to ensure a barrier-free Canada, also known as the Accessible Canada Act. I am humbled and honoured to speak to a bill that will no doubt become a proud part of Canadian history.

Making history takes dedication, hard work and perseverance. So I want to acknowledge the work of many people who helped get this bill to this stage.

I want to thank the chair and deputy chair of the Standing Senate Committee on Social Affairs, Science and Technology, Senators Petitclerc and Seidman, and all members who attended the committee meetings. Questions were engaging and led to an enlightening input from witnesses and to constructive amendments. This committee works so well together; I am honoured to be a member.

Thank you also to our clerk and administrator, Dan Charbonneau and Ericka Dupont, for arranging sign language, ASL, and CART services, Communication Access Real-time Translation, and the special room set-up, which helped to make the Senate committee meetings the most accessible to date. The Senate should be proud in this regard. We have shown leadership by example.

I also want to acknowledge the incredible work of the Minister of Public Services and Procurement and Accessibility, Carla Qualtrough. She and her team have shown great leadership on accessibility, and I can confidently say that Bill C-81 enjoys widespread support due to their efforts.

Most importantly, I want to recognize persons with disabilities, stakeholders, and organizations who all play a crucial role in accessibility in Canada. They have all invested tremendous work and energy into this historic bill, ensuring that it reflects the priorities of persons with disabilities. Their contributions have been instrumental in getting the bill in its amended form to this stage. Thank you for sharing your personal experiences and stories with us. I know it takes courage. We could not have done any of this without your involvement and expertise. Some of those folks are here in the Senate tonight.

Senators Petitclerc and Seidman gave excellent speeches at the report stage of the bill last week, summarizing the amendments that were adopted at committee. I will not go over the amendments and details again. However, I do want to highlight some important testimony.

Over the course of our committee hearings we heard repeatedly that the time for an accessible Canada act is now. Canadians facing barriers to fully participating in their workplaces and society told us and are still telling us to pass this bill into law. Here is what Bill Adair from Spinal Cord Injury Canada and with the Federal Accessibility Legislation Alliance, or FALA, told us at committee:

What people are telling us across the country who are participating with FALA is: We want the bill. Give us something to work with. Yes, push for the changes, but at the end of the day, before the election, we want the bill. That gives us structure and the framework so that we can get to work on removing barriers and we want it now. We’ve been waiting far too long and this is our day.

Senators, everyone is eager to see this bill become law. We must continue our essential work in order to take it over the finish line. This community has waited long enough for this recognition and respect.

Another significant and positive change is that Bill C-81 will shift the responsibility on to the system and away from the individuals facing barriers in their daily lives. Diane Bergeron from CNIB said during her testimony:

Having a disability is exhausting, and I do not say that lightly. But when you have to deal with discrimination, rights violations, different pieces of legislation, criticisms, people not thinking that you have value, it makes it worse. The current system is unfair and unacceptable.

Colleagues, we know the history. It is one of institutionalization, sterilization and social isolation. Canada had a system that took children away from their families and power away from our citizens. Persons with disabilities were seen as burdens and treated as if they were broken. Our country simply cannot continue to place the burden of advancing human rights on individuals. We can do better, and we must do better. In fact, with this bill we will do better.

In addition to this necessary shift in responsibility, the accessible Canada act, when passed, will set best practices and a framework that the provinces and the private sector can mirror. Most importantly, this bill will start to shift culture, perception and understanding of what inclusion in our society should really look like. I cannot come up with a better analogy that encompasses my hope for what this legislation will achieve than that of Minister Qualtrough. You have to be a sports fan to get this. I couldn’t agree more when she said at committee:

I think we will look back on this as a “TSN Turning Point” on disability rights and the way we talk about disability in this country.

The words of the minister.

Honourable senators, in 2017, approximately 6.2 million people, or about 22 per cent of Canadians aged 15 years and older, reported being limited in their daily activities due to a disability. This percentage is expected to increase in the coming years due to Canada’s aging population, since the prevalence of disability increases with age. This is why the government consulted with over 6,000 individuals from across the country with lived experience over the course of this bill’s development. They have continued to be consulted and included as witnesses and experts at committee so that we can use their knowledge and their experiences to help drive the change needed for a better tomorrow.

One of those witnesses was Steven Estey from Nova Scotia, from the Council of Canadians with Disabilities. This organization helped facilitate some of these consultations. Mr. Estey gave us a good summary of what that meant. He said:

. . . to talk to Canadians with disabilities about what they wanted in this legislation. We had a chance to talk to over a thousand people across the country. We had 22 separate consultations in towns and cities across the country. We had telephone consultations. We had Internet consultations. We really spent a lot of time trying to figure out what people wanted to see in this legislation. It’s an important thing for us to be involved with. We have really appreciated the opportunity and the support that we have had to be able to do that.

This is what inclusion looks like, honourable senators. Consultation, collaboration, cooperation and real input from real life experience. I know that the finer points of the bill have been outlined to you many times, including by myself, but I do want to talk again about the Canadian accessibility standards development organization. The landmark importance of the CASDO board membership aligning with the community’s mantra of “nothing about us without us.” Think about it. Because it’s the board membership who will be responsible, with their own lived experience, in making standards.

I’ve always said this, that you need to be in the room when it comes to communications. It is just as important in policy making; you need to be in the room to make a difference and to influence change. In this case, CASDO will set regulations that will lead to better results for people in this country. I hope it reoccurs in other areas of policy development. Applying a disability lens is crucial in moving forward.

Barbara Collier, Executive Director of Communication Disabilities Access Canada explained in her testimony at committee what that organization represents. Her list included people with or affected by cerebral palsy, autism spectrum disorder, Down’s syndrome, learning disability, fetal alcohol syndrome, cognitive and intellectual disability, acquired brain injury, aphasia after a stroke, dementia, head and neck cancer, Lou Gehrig’s disease or ALS, Parkinson’s disease and multiple sclerosis.

(1910)

Senators, these are common conditions. It made me realize again that we will all face barriers to fully participating in society at some point in our lives. This is legislation that will affect us all in a positive way.

We learned at committee that many wheels are already in motion in anticipation of the bill coming into force. Job postings are already online for the chief accessibility officer and the CEO and board of the Canadian Accessibility Standards Development Organization, or CASDO. In fact, CASDO is expected to open its doors this summer. We know that the organizations responsible for accessibility have taken advanced steps towards planning regulations. In fact, the Canadian Transportation Agency, or CTA, has already released the first draft of its accessibility regulations.

Committee members gave the bill and its adopted amendments a deserved thorough study and consideration despite time constraints. I know that many of these amendments came right from the community, witnesses and organizations; I think we should pass the bill with these changes and let the other place do its job and reflect on our amendments. This is the process of our democracy and of our Parliament. We all need to move swiftly.

I will say it again: An accessible Canada act is a long-overdue recognition for human rights equality for 6.2 million or one in five Canadians. The 2017 disability survey also indicated that of the approximately 1.5 million Canadians with a disability aged 15 to 64 who are unemployed, approximately 654,000 are potential candidates for work in an inclusive, discrimination-free and accommodating labour market.

Yes, senators, there is a business case for inclusion. There is a huge untapped talent pool that could help improve Canada’s shrinking labour market.

As I mentioned, the spirit of collaboration on this bill has been and continues to be exceptional. I’m always an optimist, so over the course of study and consultations it became obvious that the removal of barriers is universal in scope and understanding. Together, our society is ready to take this step, the first of many towards a fair and equal-opportunity society. The momentum is with us.

Colleagues, I am proud of Bill C-81. I am proud of the amendments made at committee. We need to send the amended bill to the other place this week so that we can receive it back in time to do what Canadians have been asking us to do through testimony, letters, emails and phone calls: Give Canada a framework toward being barrier-free and accessible for all.

This is the time, colleagues. This is their time. It’s our opportunity to help make this happen and to be on the right side of history.

I will close tonight with some words from the great Jean Vanier, the master of inclusion. As you know, he passed away last week at the age of 90. At a 1998 Massey Lecture entitled Becoming Human, he said:

As we become more conscious of the uniqueness of others, we become aware of our common humanity. We are all fundamentally the same, no matter what our age, gender, race, culture, religion, limits or handicaps may be.

Honourable senators, as I said at the beginning of my speech, we are on a shared journey. What we have discovered on this journey is a new path of inclusion, a path where, as they say in the disability community:

Nothing About Us Without Us.

I recognize we haven’t satisfied everyone. That’s the way it is when you’re building something we have never had before: a Canada without barriers.

But we have done our job. We have discovered more about each other. We have captured the meaning of empathy. We have amended the bill. We recognize there will always be next steps. This is a step toward a more inclusive society.

Thank you very much.

Some Hon. Senators: Hear, hear!

[Translation]

Hon. Thanh Hai Ngo: Honourable senators, I rise today at third reading stage of Bill C-81, An Act to ensure a barrier-free Canada.

For one last time, I want to express my full support for the bill and commend the Standing Senate Committee on Social Affairs, Science and Technology on its excellent work. I also want to acknowledge the work of the chair of the committee, Senator Petitclerc, as well as that of the deputy chair, Senator Seidman, on a decisive and historic bill for Canada.

I won’t get into the details of the thorough review undertaken by the committee, since Senators Petitclerc and Seidman already did so quite eloquently. However, I’d like to draw your attention to the remarkable work that the committee has done since March 21, 2019.

The committee studied the bill in depth over the course of four meetings, with the intention of widening its scope. After hearing testimony from 20 interest groups four organizations, the committee did indeed make changes that are favourable to the primary goal of the bill.

Although I’m not a member of that committee, it is clear that those long, well-informed deliberations led to the adoption of 11 amendments. Through those deliberations, the vast and unique needs of many groups of disabled persons were identified by the committee, which led to specific amendments that improve Bill C-81 without jeopardizing its long-awaited passing.

To sum up, the changes to the bill remain faithful to its principles while doing more to recognize, eliminate and prevent barriers in all areas of federal jurisdiction. This new version of the bill also takes into account the fact that seniors living with disabilities also experience multiple and intersecting forms of marginalization and discrimination.

Another amendment recognizes sign languages as the primary language for communication by deaf persons in Canada and an integral part of their accessibility. After all, the recognition of sign languages constitutes an essential part of their culture and a valuable tool that enables them to participate in society.

[English]

Honourable senators, these are some examples of the positive changes that were made to the bill in consultation with experts and in collaboration with the extensive work that was previously accomplished in the other place.

I feel this bill should also act as a signal and reminder to the government regarding the recent news of 34 developmentally disabled federal workers who hold segregated and redundant jobs in Ottawa. Their contract is set to end in March 2020. I hope that, once enacted, this law will eventually represent further actions for every Canadian with a disability in order to help them become full, equal members of society.

After all, a barrier-free Canada requires us to understand the norms, societal attitudes and stigma that prevents people with intellectual, cognitive and physical disabilities from fully participating in society.

I truly believe this bill, once enacted, will be a tool for many organizations that are ready and have been patiently preparing for the implementation in order to respond to these emergent challenges and obstacles.

Honourable senators, this historic law is a testament of the great work that was accomplished in the hallmarks of this great chamber in defence of the rights of minorities.

It marks a new beginning. We will transform and address accessibility by becoming proactive instead of reactive for Canadians who do not want to be treated as a burden but as full and equal members of society as we continue to grow and learn how to become more inclusive. Thank you.

(1920)

Hon. Marty Deacon: Honourable senators, I rise to speak to Bill C-81, An Act to ensure a barrier-free Canada. I have listened with great interest to my colleagues, as well as to the many witnesses we had at the Social Affairs Committee. I speak today to share with you my perspective, my story, based on a lifetime of learning and action in this very important area.

When I arrived in Senate 15 months ago, there was much to learn; there is still much to learn. For instance, when I arrived here, I had incorrectly assumed that accessibility had already been addressed as a national issue with a fulsome national strategy. Why? Because my own formal leadership on accessibility began in Ontario, 14 years ago. I thought silly me that the same regulations were being mandated nationally, given how much time had elapsed since this successful law in Ontario was implemented and began its implementation in 2005.

Honourable senators, 2019 is far too late in the game to be discussing and mandating accessibility for all at the federal level, and it’s why the bill before us is so important.

In my previous life, as an educator, every day I was faced with an issue by a student, their family, a teacher or a community member who challenged fair, equitable and inclusive access. One case and sometimes it just takes one in particular crystallized for me what would be become a lifetime commitment to universal accessibility.

Imagine now a single mother with six children, all under the age of 10. Three of them carry the positive gene for Duchenne’s disease, a severe type of muscular dystrophy that over time reduces muscular function. It eventually results in the young person being immobilized, weakened and in need of a wheelchair.

The family survives on a low income, and, frankly, the school and the community are their lifeline. As principal of the school, on a one-floor facility, my staff and I gave the family everything we had, from meals to fundraisers, to transportation, to tutoring, and finally to the purchase of a well-used wheelchair for her oldest son, Ricky.

This school goes up to Grade 6, and now it becomes time for Ricky to graduate from junior school and move on to middle school. We meet with a team of educators and medical support people to determine the best plan for Ricky. As a former secondary school administrator, new to elementary administration, I learn that due to Ricky’s physical needs he will not be able to attend the middle school just down the road. There are just too many accessibility issues. Eventually, I learn that he will have to take a 50-minute bus ride to the nearest school that will provide some sort of wheelchair access.

How do I tell his mother, with so much on her plate already, that her son will now spend over 100 minutes a day with strangers, with different untrained bus drivers, travelling on several highways, with no significant network of support, and that in two years, if Ricky is able to keep on attending school, his ride to high school will be even more challenging and disconnected with yet another group of young people, all at the same time his condition worsens and that in two years she will have to go through this all over again with her next child?

As it turned out, it was a hard lesson I needed to learn. This was in 2005, the same year that the Ontarians with Disabilities Act became law. As you know, the act was aimed at identifying, removing and preventing barriers for people with disabilities. It applied then to government, non-profit and private sector businesses in Ontario that have one or more employees.

My own school board needed an established leader to commit to this AODA work for at least three years. Somewhat fortuitously, I was invited to take on this role. It was going to be tough work, very political, but an opportunity to bring many internal and external stakeholders together to do the right thing. Most of the table I worked with was represented by those representing diverse accessibility needs in our community. My job would be to ensure that all aspects of the act were being addressed, that all staff and volunteers were trained, that we had an accessibility policy and procedures, and that we had a multi-year accessibility plan with annual public updates, timelines and monitoring in place. I continued this leadership for 10 years. The work was ongoing and a challenge politically, financially and ensuring equity while the voices of all were heard.

Senator Moncion highlighted her work related to the AODA at second reading. I will not repeat her message. However, I will indicate how the “visible” and “invisible” needs of those with a disability are far-reaching and diverse. We started with the built environment and spaces in 130 buildings and new builds. I learned more about architecture, facility design, ramps, lifts, nine styles of elevators, more than I dreamed possible. One basic washroom to upgrade for one child was $35,000; one elevator was half a million dollars. How do you prioritize? Every student matters.

These are the more visible physical needs we are familiar with. It’s the invisible needs that are often overlooked; that is, making sure every individual just as we do in the Senate feels they are part of their community.

As a result of deep consultation, we were determined that every decision had to result in our students being able to attend a school within their family of schools, which is a geographically smaller region. This would not be the closest to their home, perhaps, but still in their community full stop. We had to find the way and we did. Every decision was and continues to be backward mapped with this in mind; that is, to find a way to keep our students and families in their community.

Honourable senators, imagine your son or daughter being told they could go on a bus for a class trip with their classmates on a bus all by themselves not with their friends, not with their peers.

One of my proudest moments was meeting with 200 bus drivers, getting some buses retrofitted, modified and ensuring more of our students could travel and experience being with their classmates. The visible need was physically getting the student to their destination by ensuring the best barrier-free environment. The invisible need was ensuring the student would not be stigmatized on a separate bus and they could contribute and participate in this class trip to the same extent as their peers something they deserve.

This is why this legislation is so important. It will aim to make federally regulated entities so much more accessible. However, it will also unlock the potential of a huge group of Canadians who have been held back in one way or another. It will allow them to participate and contribute to their community in ways that, quite frankly, they should have been able to do long ago. With this legislation, Canada could become a world leader in accessibly. This leadership is sorely needed.

In my role as an international coach and sports leader travelling internationally, I saw first-hand and continue to see first-hand the great disparity in the respect and understanding of what it means to try to embrace and provide support for those with a disability. I observed countries that “hid” those with disabilities, countries whose representatives said to my face, “We have no citizens with disabilities.” I watched first-hand a political leader of a G7 country, while on Canadian soil, say, “There is no place for athletes with a disability in a major sporting event.”

Thankfully, this culture is changing. I’m excited to say, after 12 years of advocacy, my sport will have its debut at the 2020 Paralympics in Tokyo. To get to this point, again, we had to educate the countries that did not support their para-athletes and para-children, and did not demonstrate their beliefs in accessibility or inclusion. This has taken over a decade.

This past weekend, at Carleton University in Ottawa, I was able to speak with families and para-athletes from many countries about what sport means to them, what it means to be barrier-free and the work that must still continue around the world. The passage of Bill C-81 for Canada will set the kind of example needed to keep this momentum going.

Senators, I want to shift my thinking before I wrap up. I want to thank the steering committee of the Social Affairs Committee Senator Munson, Senator Seidman and our chair, Senator Petitclerc, for guiding us through such a comprehensive and in-depth process. You have heard that said earlier this evening. It is so very true. It was a collective effort by all groups and caucuses represented at committee, and that showed in fulsome but respectful discussions that played out at clause-by-clause consideration of the bill, which led to some good amendments in the legislation.

To the large but important number of Canadians who will be directly affected by this legislation, I can say to you with confidence that every member of the Social Affairs Committee has listened to your concerns. I want to thank the many individuals who gave us such compelling evidence at committee, as well as the hundreds who took the time to write and meet with us. Colleagues, many of these stakeholders have been advocating for years. They are very tired, exhausted but hopeful for the immediate passage of this bill.

(1930)

While no piece of legislation is perfect, I am confident that the bill before us gives us a solid foundation and permission to rebuild our culture in the years to come. A senator last week reminded me that there is progress and there is perfection. This bill is no different. Bill C-81, the time for all is now. Thank you.

Hon. Yonah Martin (Deputy Leader of the Opposition): Honourable senators, I rise today also to speak very briefly at third reading of Bill C-81, An Act to ensure a barrier-free Canada. Bill C-81 enacts the accessible Canada act in order to enhance the full and equal participation of all persons, especially persons living with disability, in our society. This bill will require federally regulated entities across the country to ensure accessibility to workplaces, public spaces, employment, programs, services and information.

Bill C-81, as others have stated, is an important step in the right direction to address the barriers that many Canadians face. The message that we have heard from advocates has been the same: Bill C-81 is a good bill and deserves to be enacted into law but no one can be certain of the full effect that this bill will eventually have. This will require further knowledge and learning from a practical perspective and a commitment to work in consultation with stakeholders across Canada.

I want to associate myself with some of the very important comments that have been made in this chamber and especially recognize our colleague Senator Munson, who has dedicated so much of his life to really be quite a voice and a champion for Canadians with disabilities and, of course, on issues like autism. He has been a cosponsor on a number of events, and we have done some meaningful work together. I know that one of the motions that we cosponsored that recognized June as Deafblind Awareness Month recognizes this important subgroup of Canadians who are living with some incredible challenges.

This motion was adopted unanimously in 2015, and it was sort of thanks to our retired former colleague Senator Vim Kochhar who many of us know to be a real champion and a strong voice for Canadians living with physical disabilities as well as other disabilities. Through his outstanding effort and inspiration, we have worked together to achieve certain outcomes through the Senate. Senator Kochhar also cofounded the Canadian Helen Keller Centre and Rotary Cheshire Home, which is said to be one of the only facilities in the world where those who live with deaf-blindness can live independently.

Some of the intervenors who have come to the Hill have spoken about their work to help Canadians living with deaf-blindness communicate. Their work is truly astonishing. It’s a real calling for them to serve in this capacity. They work in a unique space where they allow those who cannot communicate otherwise to communicate with the outside world.

I also know that the work of our former colleague Senator Asha Seth also led to a motion to designate May as National Vision Health Month. That, too, was unanimously adopted in the Senate.

I stand together with many of you who have spoken on this measure and also recognize the great work of our Social Affairs Committee, the chair, the deputy chair and committee members to ensure that important amendments were adopted that will help towards ensuring a barrier-free Canada as is envisioned in this bill.

I had the opportunity to meet with the Canadian Association of the Deaf and President Frank Folino, who was also a witness during committee hearings on this bill, as well as Bill Adair, Executive Director, Spinal Cord Injury Canada. They expressed their firm support of passage of Bill C-81 as a very important step, but they were also hopeful that there will be continued vigilance and effort towards proper implementation and, of course, that same intention beyond implementation. In some ways we have achieved this important milestone, but our work will begin to ensure that implementation and the work beyond implementation will be successful.

I recognize these men and others who have been the real heroes and champions who inspired this important legislation and once again thank our colleagues Senator Munson, Senator Ngo and members of the Social Affairs Committee for your leadership helping this chamber arrive at this significant moment in our legislative history.

Your Honour and honourable senators, I am definitely ready for the question.

Hon. Tony Dean: Thank you Senator Martin and others who have spoken. Thank you, Senator Munson, for your very fine sponsorship of this legislation.

I have some brief introductory remarks and then I want to speak specifically about the inclusion of communication in this bill as a category of challenge in the spectrum of disabilities.

I rise to add my voice to Bill C-81, An Act to ensure a barrier-free Canada. We all know now that the stated policy objective of this important and historic piece of legislation is to enhance the full and equal participation of all individuals, with a special emphasis for those living with disabilities. The bill is designed to achieve a barrier-free Canada through the identification, removal and prevention of barriers in areas of federal jurisdiction.

Many groups, including various disability advocacy groups, support Bill C-81 and are urging us to pass this bill before our summer break. Senate leaders met on April 4 to sign an agreement to ensure several pieces of legislation are voted on prior to the break and the next federal election. This bill is one of them.

I want to take this opportunity to congratulate the facilitator of the Independent Senators Group, the Leader of the independent Senate Liberals, the Government Representative in the Senate and the Senate Conservative Leader on this important modernizing step. You will know, I think, that I and others here believe that we could benefit greatly from more organized and effective business planning of this sort. Moreover, that’s what Canadians expect of us, and they expect and deserve timely votes on all bills, but particularly on bills that are inclusive of all members of our society and that aim to protect some of our most vulnerable people, bills like Bill C-81.

An act to ensure a barrier-free Canada is a direct response to a 2016 federal budget announcement that made a commitment to “eliminate systemic barriers and deliver equality of opportunity to all Canadians living with disabilities.”

Among other things, the bill aims to guide future interpretations of the accessible Canada act by setting out important principles and including a provision that states that all persons, regardless of their abilities or disabilities, must be treated with dignity, enjoy equality of opportunity, be able to fully and equally participate in society without barriers and have autonomy.

It also establishes the application of the accessible Canada act bringing greater clarification to which bodies and entities are bound by accessibility legislation and allows the Governor-in-Council to designate a minister to be responsible for this act.

Another important piece of this legislation is the proposed establishment of the Canadian accessible standards development office, CASDO, which Senator Munson has spoken about eloquently.

I emphasize that the CASDO would be overseen by a board of directors whose majority identify as persons with disabilities. The board would be responsible for setting the organization’s strategic direction and managing the activities and affairs in accordance with its mandate.

The inclusion of people with disabilities on the board would ensure fair representation for the many Canadians who don’t currently have a voice in accessibility standards.

Honourable senators, while no single area of accessibility is more important than any other, I would like to now focus some remarks on the issue of communication.

I am delighted that communication is recognized in key definitions in this bill, including in the definitions of barrier and disability. This legislation says that “barrier” means anything including physical, architectural, technological or attitudinal that is based on information or communications or anything that is the result of a policy or practice that hinders the full and equal participation in society of persons with a physical, mental, intellectual, learning, communication, sensory impairment or functional limitation.

(1940)

It also defines “disability” as a physical, mental, intellectual, learning, communication, sensory impairment or functional limitation, whether permanent, temporary or episodic in nature that an interaction with a barrier hinders a person’s full and equal participation in society.

This recognition of communication is critically important, as communication includes the half million Canadians who have speech and language disabilities that are not caused by significant hearing loss and who do not require or use sign language. They may have lifelong disabilities, such as cerebral palsy, autism, spectrum disorder, Down syndrome, learning or cognitive disabilities. Other people may have acquired disabilities that affect communication, such as traumatic brain injury, stroke, dementia, ALS, multiple sclerosis and much more.

Having a communication disability can affect one or more areas of a person’s ability to speak, to understand what others are saying, read or write. People with theses disabilities may communicate using unclear speech, writing, typing, pictures, symbols, speech-generating devices, sign language interpreting, captioning and communication assistive devices.

Recognizing the broad scope of communication is also consistent with the optional protocol to the United Nations Convention on the Rights of People with Disabilities, of which Canada is a signatory. This is obviously important for many reasons, but I’d like to highlight a tangible example for honourable senators to consider.

Similar to the need for sign language services for people who are deaf or translation services for people who don’t speak English or French, victims, witnesses and accused persons with speech and language disabilities may require appropriate communication supports in police, legal and justice services. Despite the fact that people with speech and language disabilities are at high risk for all types of abuses and crimes and remember, for violators, the best victims are often the ones who are perceived not to be able to tell. Communication support services in police, legal and justice services are not routinely provided as an accessibility accommodation.

Communications intermediaries are qualified speech-language pathologists who have extra training from Communication Disabilities Access Canada, CDAC, to work in justice settings. CDAC maintains a database of trained intermediaries with limited funding from a small private foundation. These services are provided to people who require assistance, understanding questions posed to them or supporting them communicating what they want to say to police, legal and justice professionals.

In a case in Canada I recently learned about, an elderly woman indicated to her son, a police officer, that she had been sexually assaulted by a personal support worker in a retirement or long-term care facility. The woman had a stroke two years before the incident, which left her with aphasia, a communication disorder that results from damage to the language centres of the brain. She had difficulty understanding spoken language and expressing her thoughts in words, as well as difficulties in reading and writing. She communicated what happened using gestures, some speech and pointing to pictures.

The Crown attorney recognized that she would require assistance to communicate in court and engaged a communication intermediary who conducted an assessment. The intermediary concluded that the woman could effectively communicate in court if provided with appropriate communication intermediary support to ensure that she rephrase questions posed to her in ways she could understand and to facilitate her responses using pictures. The judge denied the woman access to the communication supports that she required to testify.

This case illustrates the lack of understanding about accessibility accommodations required by a victim, witnesses or an accused person who has speech and language disability.

Having strong accessibility legislation in place makes it mandatory for all justice services to provide people with the communication accommodations and supports they need, including communication boards, speech-generating devices, sign language interpretation, captioning and communications assistance devices, and is an important move in ensuring that the policy objectives of this bill are realized. Access to appropriate supports for people living with disabilities that affect communications would go beyond our justice system and would also include access to health services, education and more.

Honourable senators, I want to share with you one other brief story, the story of a friend of mine of 30 years who in the past several months came to know all too well the challenges associated with difficulty in communications. Kim Clarke Champniss, as some of you will recall from his work in the heyday of MuchMusic as a veejay, TV producer and a challenging interviewer of the world’s top rock and roll artists, lost his voice permanently in the past months due to radical throat surgery that was used to address throat cancer.

I’ve watched Kim over the last weeks and months heroically take on this challenge, including the challenge of access to supports and technologies that would assist in his ability to continue engaging in the world with his upbeat energy and curiosity about the human condition. Kim will get through this. He would say, “I’m all right, Tone. I’m all right.” But Kim would also wish for better services for those who were alongside him and those who will undoubtedly follow him with communications challenges.

I would urge the government to ensure someone with a disability that affects their speech, language and communication be considered as a member of the board of the proposed Canadian Accessibility Standards Development Organization, CASDO, which was mentioned earlier. Their contributions would greatly benefit the 500,000 people living with speech and language difficulties and ensure that no one is left behind.

I would also like to recognize that standards and regulations under Bill C-81 will need to be updated every five years, which allows for changes in innovation. They will also require public review before they are adopted.

I close by saying, senators, that Bill C-81 needs to pass now. We have an obligation as parliamentarians and senators to protect the needs of all Canadians, especially those who are among the most vulnerable in our society. I strongly believe that acknowledging this community is an essential part of meeting the objectives of this bill, which will ultimately aim to remove and prevent barriers for all people in this country.

I end by thanking Barbara Collier, who has been a tireless advocate for a communications amendment passed in the House of Commons. With these final words, I would ask my honourable colleagues to join me in voting in favour of Bill C-81, An Act to ensure a barrier-free Canada. Thank you, all.

The Hon. the Speaker: Is it your pleasure, honourable senators, to adopt the motion?

Hon. Senators: Agreed.

(Motion agreed to and bill, as amended, read third time and passed.)



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