Liberal Party of Canada Answers Request for Election Commitments on Achieving an Accessible Canada for Over 6 Million People with Disabilities


Liberals Promise Less Than the NDP Tories Greens, People’s Party and the Bloc Haven’t Answered the AODA Alliance’s Request for 11 Commitments

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

October 16, 2019

SUMMARY

With the October 21 federal election so near, so close in the polls, and with every vote so important, what are the federal parties committing to do for over six million people with disabilities in Canada? The grassroots AODA Alliance has sought 11 specific commitments to strengthen the recently-enacted Accessible Canada Act (ACA), and to ensure that it is swiftly and effectively implemented and enforced. So far, only two federal parties have even answered.

Polls are suggesting that Canadians are about to elect a minority government. If there is a minority government, no matter who is our next Prime Minister, there is a real potential that Canada’s next Parliament could be persuaded to strengthen the Accessible Canada Act. While in opposition last year, the Greens, NDP and Conservatives all advocated for this law to be strengthened.

On October 15, 2019, the Liberal Party of Canada announced which election pledges it would make to people with disabilities, in response to the July 18, 2019 request for 11 major commitments which the AODA Alliance directed to the leaders of the six major federal parties. The Liberals’ response and its accompanying online statement on disability equality which it posted on its website on October 15, 2019, both set out below, give fewer promises than the only other federal party to respond to date.

On September 16, 2019, the federal New Democratic Party became the first federal party to answer the AODA Alliance’s request for these 11 commitments. The NDP response is available at https://www.aodaalliance.org/whats-new/what-pledges-will-the-federal-party-leaders-make-in-this-election-to-make-canada-accessible-for-over-6-million-people-with-disabilities-federal-ndp-leader-jagmeet-singh-is-first-national-leader-to-wr/

With only five days left before voting day, the AODA Alliance is continuing its blitz. The federal Conservatives, Greens, People’s Party and Bloc Quebecois have not yet answered. Last year, the Greens and Tories teamed up with the NDP in an unsuccessful to press for amendments to strengthen the Accessible Canada Act, at the request of a number of disability organizations including the AODA Alliance. During debates on the bill in the House of Commons last fall, the Tories promised to make it a priority to strengthen this law if they form the next Government. On November 22, 2018, Tory MPP John Barlow pledged: “when a Conservative government comes into power, we will do everything we can to address the shortcomings of Bill C-81.” Tory MP Alex Nuttall promised Parliament “we will get it right, right after the next election. This will be among the first things we ensure we put right, because it is concerning the most vulnerable Canadians.”

Below we also set out the excellent October 15, 2019 Canadian Press article by reporter Michelle McQuigge, posted online by Global News. It is the only news article we have seen in this election campaign covering the parties positions on this issue, and disability community efforts to secure such commitments. We urge the media to give this issue more coverage in the election campaign’s final days.

The non-partisan AODA Alliance does not support or oppose any party or candidate. It seeks to secure the strongest commitments on accessibility for people with disabilities from all the parties. As part of this campaign, it is tweeting to as many federal candidates across Canada as possible to press for the commitments it seeks. This evening, AODA Alliance Chair David Lepofsky has been invited to speak on a panel that will give action tips for the election campaign’s final days at a federal election disability issues public forum in Toronto, organized by a number of disability organizations. It takes place from 7 to 9 pm at Ryerson University’s Tecumseh Auditorium, Ryerson Student Centre, 55 Gould Street, Toronto.

Here is a summary of the 11 commitments that the AODA Alliance asked each party to make in its July 18, 2019 letter to the leaders of the six major federal parties:

1. Enforceable accessibility standard regulations should be enacted within four years.

2. The ACA should be effectively enforced.

3. Federal public money should never be used to create or perpetuate barriers.

4. The ACA should never reduce the rights of people with disabilities.

5. Section 172(3) of the ACA should be amended to remove its unfair and discriminatory ban on the Canadian Transportation Agency ever awarding monetary compensation to passengers with disabilities who are the victims of an undue barrier in federally-regulated transportation (like air travel), where a CTA regulation wrongly set the accessibility requirements too low.

6. The ACA’s implementation and enforcement should be consolidated in One federal agency, not splintered among several of them.

7. No federal laws should ever create or permit disability barriers.

8. Federal elections should be made accessible to voters with disabilities.

9. Power to exempt organizations from some ACA requirements should be eliminated or reduced.

10. Federally-controlled courts and tribunals should be made disability-accessible.

11. Proposed Opposition amendments to the ACA that were defeated in the House of Commons in 2018 and that would strengthen the ACA should be passed.

The AODA Alliance is deeply concerned that the voting process in federal elections has not been assured to be barrier-free for voters with disabilities. We will be monitoring for these barriers, and are urging voters with disabilities to alert us of any problems they encounter. To follow all the action on Twitter over the last days leading to the election, follow @aodaalliance Email reports of voting barriers to us at [email protected]

Contact: David Lepofsky, [email protected] Twitter: @aodaalliance
For background on the AODA Alliance’s participation in the grassroots non-partisan campaign since 2015 for the Accessible Canada Act, visit www.aodaalliance.org/canada

MORE DETAILS

October 15, 2019 Response from the Liberal Party of Canada to the Accessibility for Ontarians with Disabilities Act Alliance

Disability equality benefits everyone. When Canadians with disabilities have equal opportunities to contribute to their communities, to have the same quality of service from their government, to have equal opportunities to work, and to enjoy the same quality of life as everyone else, we build a stronger economy and a stronger country.

Since 2015, weve worked to make this the reality for more Canadians. We started with a human rights-based approach to disability equality fundamentally changing the way we, as a country, treat inclusion and accessibility. Part of that meant moving beyond individual accommodation and instead addressing discrimination as a whole.

Now, were making another choice. Were choosing forward taking the progress weve achieved and going even further to make Canada a more fair, equal and affordable place to live.

Over the past four years, we have made accessibility and disability inclusion a priority. For a full list of these actions please refer to Appendix A.

There is more work to be done. Canadians with disabilities continue to face barriers and experience discrimination.

Canada requires strong leadership to ensure that a human rights-based approach to disability is reflected in all Government of Canada policies, programmes, practices and results. To ensure systemic disability inclusion and to lead by example as the Accessible Canada Act is implemented, a re-elected Liberal government will put these policies and practices into place, in consultation with the disability community. We will conduct a comprehensive review to ensure a consistent approach to disability inclusion and supports across government that addresses the unfairness and inequities in our programs and services, and challenges the biases built into our processes. This includes a definition of disability consistent with the Accessible Canada Act.

We heard from Canadians with disabilities that the most significant economic and social barrier they face to full economic and social participation is in the area of employment. This is particularly so for youth with disabilities. From the Canadian Survey on Disability, we know that approximately 59% of working-age adults with disabilities are employed compared to 80% of those without disabilities.

Thats why a re-elected Liberal government will improve the economic inclusion of persons with disabilities through various measures that target these barriers, address discrimination and stigma, raise public awareness, and work with employers and businesses in a coordinated way. One component of this will be the creation of a workplace accessibility fund to help increase the availability of accommodations that help close gaps in access to good paying jobs and education. We know that improving workplace accessibility and employment outcomes for Canadians with disabilities will have an overwhelmingly positive impact, leading to increased productivity and greater profits for businesses, as well as financial independence and a better quality of life for all Canadians.

We will also focus on the timely and ambitious implementation of the Accessible Canada Act. As we operationalize the Canadian Accessibility Standards Development Organization, we will ensure that Canadians with disabilities and stakeholder groups are engaged in the process. We will also work with Provincial and Territorial governments, and Indigenous peoples to promote consistency in accessibility standards and a consistent experience of accessibility and inclusion for all Canadians.

Canada needs continued leadership to make sure people with disabilities can not only find good jobs, but can succeed for years and decades to come.

We wont get that leadership from the Conservatives, whove proved that they only want to give a break to the very wealthiest Canadians and cut programs and services for everyone else. Of the $53 billion they promise to cut, $14 billion is in hidden, mystery cuts could hurt Canadians with disabilities the most.

Only a re-elected Liberal government will continue on the progress weve made together. To help more Canadians with disabilities find and keep good jobs, well address discrimination and stigma, raise public awareness, and work with employers and businesses.

These and other measures will ensure that disability inclusion is a priority for a re-elected Liberal government. We know that this is the best way to ensure that all Canadians have an equal and fair chance to succeed.

To read our full statement on disability equality and inclusion, as well as consult our 2019 platform, please visit: https://www.liberal.ca/disability-equality-statement/

Specific Additional Information in Response to Your Questions

Questions 1 and 2:
We are fully committed to the timely and ambitious implementation of the Accessible Canada Act so that it can fully benefit all Canadians. As we operationalize the Canadian Accessibility Standards Development Organization, as well as the positions of Chief Accessibility Officer and Accessibility Commissioner, we will ensure that Canadians with disabilities and stakeholder groups are engaged in the process. We will also work with Provincial and Territorial governments, and Indigenous peoples to promote consistency in accessibility standards and a consistent experience of accessibility and inclusion for all Canadians.

Question 3 (application to public policy):
Disability rights are human rights and we will always stand up to see these rights brought to life across government. We will conduct a comprehensive review to ensure a consistent approach to disability inclusion and supports across government that addresses the unfairness and inequities in our programs and services, and challenges the biases built into our processes. This includes a definition of disability consistent with the Accessible Canada Act. This builds on the work we have done over the past four years, putting into place measures that harness the Government of Canadas purchasing and contracting power to advance accessibility, including creating the Accessible Procurement Resource Centre, as well as the update to procurement policies across government.

Questions 4 to 6 (implementation and enforcement issues):
We are fully committed to the timely and ambitious implementation of the Accessible Canada Act so that it can fully benefit all Canadians. Our government established the broadest definitions of disability and barrier to date within federal legislation, and we will continue to work with stakeholders and the disability community to ensure the Act is implemented effectively and achieves its objectives.

We have already established a working group that includes all agencies involved in the ACA, and they have already started working on the coordination of the implementation and enforcement. This will be furthered by the leadership of the Minister of Accessibility, the Chief Accessibility Officer and the Accessibility Commissioner. As we move forward, we will continue to look for new ways to ensure that Canadians with disabilities are able to identify and resolve complaints in a timely and effective way.

As we operationalize the Canadian Accessibility Standards Development Organization, we will also ensure that Canadians with disabilities and stakeholder groups are engaged in the process. We will also work with Provincial and Territorial governments, and Indigenous peoples to promote consistency in accessibility standards and a consistent experience of accessibility and inclusion for all Canadians.

Question 7
As stated above, we are fully committed to continuing to work with stakeholders and the disability community as the Accessible Canada Act is implemented to ensure it is fulfilling its objectives.

We will conduct a comprehensive review to ensure a consistent approach to disability inclusion and supports across government that addresses the unfairness and inequities in our programs and services, and challenges the biases built into our processes.

We will also work with Provincial and Territorial governments, and Indigenous peoples to promote consistency in accessibility standards and a consistent experience of accessibility and inclusion for all Canadians.

Question 8:
We modernized our electoral system, making it easier for citizens with disabilities to vote. As we do after every election, we will review lessons learned from these changes and work with stakeholders and the disability community on further steps we can take to address barriers that may exist.

Question 9:
Should any exemptions be implemented in accordance with the Accessible Canada Act these will be limited and due to very exceptional circumstances. The rationale for the exemptions will also be made public.

Question 10:
We will examine this issue as part of promised comprehensive review of federal policies and programs. In doing so we will work closely with provinces, territories, stakeholders and the disability community to effectively identify and reduce barriers.

Question 11:
We are fully committed to the timely and ambitious implementation of the Accessible Canada Act so that it can fully benefit all Canadians. We will continue to work with stakeholders and the disability community to ensure the Act is implemented effectively and achieves its objectives.

Appendix A: Our shared progress

After a decade of neglect from Harpers Conservatives, over the past four years weve made accessibility and disability inclusion a priority. This started with the appointment of Canadas first-ever Cabinet Minister responsible for Canadians with Disabilities. We also held a national discourse on disability issues through what would become the most inclusive consultation any government has ever had in the history of our country on any topic. We held the first ever national summit for youth with disabilities, attended by the Prime Minister. The result: the Accessible Canada Act.

Canada is a proud signatory to the UN Convention of the Rights of Persons with Disability (UNCRPD). Since 2015, we taken a human rights-based approach to disability equality, making fundamental changes to the way we put the principles of inclusion and accessibility into practice. We recognized the need for systems, policies and practices to be designed inclusively from the start. We recognized the need to move beyond relying on individual accommodation to address discrimination. We recognized the economic benefit of disability inclusion. And we moved beyond Nothing About Us, Without Us, to Nothing Without Us, because every decision the federal government makes impacts its citizens with disabilities. Our efforts culminated in the Accessible Canada Act, which is considered the most significant advancement in disability rights since the Charter in 1982.

At the same time, we worked across government to make federal laws, policies, procedures and programs more equitable and inclusive of Canadians with disabilities:

? We applied a disability lens to our flagship policies and programs, such as the Canada Child Benefit, the National Housing Strategy, and the National Infrastructure Program.

? We improved tax policies through measures such as permitting registered nurse practitioners to complete Disability Tax Credit (DTC) medical forms, and the enhanced caregiver credit.

? We addressed the financial security of Canadians with disabilities through important changes to the Registered Disability Savings Plan (RDSP).

? We improved our immigration system by amending the outdated provisions on medical inadmissibility. And we removed the processing fee to hire foreign caregivers, making these services more affordable.

? We modernized our electoral system, making it easier for citizens with disabilities to vote.

? We increased access to alternate format material, including the ratification of the Marrakesh Treaty in 2016.

? We created the Accessible Technology Fund.

? We included persons with disabilities in decision-making. Examples include the Disability Advisory Group to Elections Canada, the Canada Post Accessibility Advisory Panel, and the reconstituted Disability Advisory Group to the Canada Revenue Agency (CRA) which was disbanded by Harpers Conservatives.

? We focused on data collection to inform government decision-making. This included enhancements the Canadian Survey on Disability, and funding a study on intersectionality as it relates to gender and disability called More than a Footnote.

? We appointed the first-ever Deputy Minister of Public Service Accessibility, and committed to hiring at least 5,000 persons with disabilities over the next five years into the federal public service. This will be complemented by a new internship program that will provide placements across the federal government for persons with disabilities.

? We invested in making government workspaces more accessible, and began working towards ensuring our buildings and properties meet the highest standards of accessibility. We put into places measures that will harness the Government of Canadas purchasing and contracting power to advance accessibility, including creating the Accessible Procurement Resource Centre.

? We adhered to our international human rights obligations: we signed the Optional Protocol to the UNCRPD, and appointed the Canadian Human Rights Commission to monitor the UNCRPD.

October 15, 2019 Online Statement on Disability Equality by the Liberal Party of Canada

DISABILITY EQUALITY STATEMENT

Originally posted at https://www.liberal.ca/disability-equality-statement/

Disability equality benefits everyone. When Canadians with disabilities have equal opportunities to contribute to their communities, to have the same quality of service from their government, to have equal opportunities to work, and to enjoy the same quality of life as everyone else, we build a stronger economy and a stronger country.

Since 2015, weve worked to make this the reality for more Canadians. We started with a human rights-based approach to disability equality fundamentally changing the way we, as a country, treat inclusion and accessibility. Part of that meant moving beyond individual accommodation and instead addressing discrimination as a whole.

Now, were making another choice. Were choosing forward taking the progress weve achieved and going even further to make Canada a more fair, equal and affordable place to live.

OUR SHARED PROGRESS
After a decade of neglect from Harpers Conservatives, over the past four years weve made accessibility and disability inclusion a priority. This started with the appointment of Canadas first-ever Cabinet Minister responsible for Canadians with Disabilities. We also held a national discourse on disability issues through what would become the most inclusive consultation any government has ever had in the history of our country on any topic. We held the first ever national summit for youth with disabilities, attended by the Prime Minister. The result: the Accessible Canada Act.

Canada is a proud signatory to the UN Convention of the Rights of Persons with Disability (UNCRPD). Since 2015, we taken a human rights-based approach to disability equality, making fundamental changes to the way we put the principles of inclusion and accessibility into practice. We recognized the need for systems, policies and practices to be designed inclusively from the start. We recognized the need to move beyond relying on individual accommodation to address discrimination. We recognized the economic benefit of disability inclusion. And we moved beyond Nothing About Us, Without Us, to Nothing Without Us, because every decision the federal government makes impacts its citizens with disabilities. Our efforts culminated in the Accessible Canada Act, which is considered the most significant advancement in disability rights since the Charter in 1982.

At the same time, we worked across government to make federal laws, policies, procedures and programs more equitable and inclusive of Canadians with disabilities:

We applied a disability lens to our flagship policies and programs, such as the Canada Child Benefit, the National Housing Strategy, and the National Infrastructure Program.

We improved tax policies through measures such as permitting registered nurse practitioners to complete Disability Tax Credit (DTC) medical forms, and the enhanced caregiver credit.

We addressed the financial security of Canadians with disabilities through important changes to the Registered Disability Savings Plan (RDSP).

We improved our immigration system by amending the outdated provisions on medical inadmissibility. And we removed the processing fee to hire foreign caregivers, making these services more affordable.

We modernized our electoral system, making it easier for citizens with disabilities to vote.

We increased access to alternate format material, including the ratification of the Marrakesh Treaty in 2016.

We created the Accessible Technology Fund.

We included persons with disabilities in decision-making. Examples include the Disability Advisory Group to Elections Canada, the Canada Post Accessibility Advisory Panel, and the reconstituted Disability Advisory Group to the Canada Revenue Agency (CRA) which was disbanded by Harpers Conservatives.

We focused on data collection to inform government decision-making. This included enhancements the Canadian Survey on Disability, and funding a study on intersectionality as it relates to gender and disability called More than a Footnote.

We appointed the first-ever Deputy Minister of Public Service Accessibility, and committed to hiring at least 5,000 persons with disabilities over the next five years into the federal public service. This will be complemented by a new internship program that will provide placements across the federal government for persons with disabilities.

We invested in making government workspaces more accessible, and began working towards ensuring our buildings and properties meet the highest standards of accessibility. We put into places measures that will harness the Government of Canadas purchasing and contracting power to advance accessibility, including creating the Accessible Procurement Resource Centre.

We adhered to our international human rights obligations: we signed the Optional Protocol to the UNCRPD, and appointed the Canadian Human Rights Commission to monitor the UNCRPD.

THE PATH TO EQUALITY THROUGH DISABILITY INCLUSION

Moving forward, there is more work to be done. Canadians with disabilities continue to face barriers and experience discrimination.

Canada requires strong leadership to ensure that a human rights-based approach to disability is reflected in all Government of Canada policies, programmes, practices and results. To ensure systemic disability inclusion and to lead by example as the Accessible Canada Act is implemented, a re-elected Liberal government will put these policies and practices into place, in consultation with the disability community. We will conduct a comprehensive review to ensure a consistent approach to disability inclusion and supports across government that addresses the unfairness and inequities in our programs and services, and challenges the biases built into our processes. This includes a definition of disability consistent with the Accessible Canada Act.

We heard from Canadians with disabilities that the most significant economic and social barrier they face to full economic and social participation is in the area of employment. This is particularly so for youth with disabilities. From the Canadian Survey on Disability, we know that approximately 59% of working-age adults with disabilities are employed compared to 80% of those without disabilities.

Thats why a re-elected Liberal government will improve the economic inclusion of persons with disabilities through various measures that target these barriers, address discrimination and stigma, raise public awareness, and work with employers and businesses in a coordinated way. One component of this will be the creation of a workplace accessibility fund to help increase the availability of accommodations that help close gaps in access to good paying jobs and education. We know that improving workplace accessibility and employment outcomes for Canadians with disabilities will have an overwhelmingly positive impact, leading to increased productivity and greater profits for businesses, as well as financial independence and a better quality of life for all Canadians.

We will also focus on the timely and ambitious implementation of the Accessible Canada Act. As we operationalize the Canadian Accessibility Standards Development Organization, we will ensure that Canadians with disabilities and stakeholder groups are engaged in the process. We will also work with Provincial and Territorial governments, and Indigenous peoples to promote consistency in accessibility standards and a consistent experience of accessibility and inclusion for all Canadians.

Canada needs continued leadership to make sure people with disabilities can not only find good jobs, but can succeed for years and decades to come.

We wont get that leadership from the Conservatives, whove proved that they only want to give a break to the very wealthiest Canadians and cut programs and services for everyone else. Of the $53 billion they promise to cut, $14 billion is in hidden, mystery cuts could hurt Canadians with disabilities the most.

Only a re-elected Liberal government will continue on the progress weve made together. To help more Canadians with disabilities find and keep good jobs, well address discrimination and stigma, raise public awareness, and work with employers and businesses.

These and other measures will ensure that disability inclusion is a priority for a re-elected Liberal government. We know that this is the best way to ensure that all Canadians have an equal and fair chance to succeed.

Global News October 15, 2019

Originally posted at https://globalnews.ca/news/6034294/canadians-disabilities-election-campaign/

Canadians with disabilities cast doubt next federal government will address needs BY MICHELLE MCQUIGGE -THE CANADIAN PRESS

Amy Amantea, who lost her eyesight due to complications while undergoing surgery more than a decade ago, poses for a photograph at her home in North Vancouver, on Oct. 11, 2019.

Amy Amantea tuned in to the English-language federal leaders debate with modest hope there would be at least some discussion of issues relevant to disabled Canadians.

The first half of the campaign had passed with barely a reference, even from the party that had delivered a historic achievement in national disability policy. Earlier this year, the Liberals made good on a 2015 campaign promise when the Accessible Canada Act received royal assent, marking the first time any government had enacted accessibility legislation at the federal level.

The government estimates one in five Canadians over the age of 15 is disabled, and Amantea, who is legally blind, hoped leaders would use the Oct. 7 debate to address some of the many issues they face. But those hopes faded as the debate progressed, giving way instead to doubts about how Canadas disabled residents would fare after the Oct. 21 election.

We have a lot of very unique needs and circumstances in our community that dont get addressed, Amantea said in a telephone interview from Vancouver. Just a nod, just a mention would have been kind of nice, but it was not to be.

Amantea said that relative silence has persisted into the final week of the campaign, giving rise to concerns throughout Canadas disabled community. Many fear that parties who fail to make mention of key issues facing disabled Canadians while courting votes may prove even more dismissive once those votes have been cast.

They point to party platforms and public pledges, most of which make scant mention of either the Accessible Canada Act or disability-specific measures on issues such as infrastructure, health and affordable housing.

The Liberals response to questions on disability policy largely focused on past achievements. Spokesman Joe Pickerill did offer some future plans, including doubling the disability child benefit, establishing a $40-million-per-year national fund meant to help disabled Canadians find work, and simplifying the process veterans use to access disability benefits.

The Green party did not respond to request for comment, and the Peoples Party of Canada said its platform contained no policy related to disabled persons.

The NDP did not provide comment to The Canadian Press, but made several commitments to strengthen the Accessible Canada Act in a letter sent to an Ontario-based disability advocacy group.

The act, while widely acknowledged as a significant milestone, was also broadly criticized by nearly a hundred grass-roots organizations across the country as too weak to be truly effective. Such critiques continued even after the government agreed to adopt some Senate amendments sought by the disability groups, who hoped future governments would continue to build on the new law.

Only the NDP agreed to do so when approached by the Accessibility for Ontarians with Disabilities Act Alliance, which contacted all major parties in July.

The Liberals hailed this bill as a historical piece of legislation. But without substantial amendments, it is yet another in a long line of Liberal half-measures, reads the NDPs response. New Democrats are committed to ensuring that C-81 actually lives up to Liberal party rhetoric.

The Conservatives, too, pledged to work closely with the disability community to ensure that our laws reflect their lived realities. Spokesman Simon Jefferies also noted party members pushed to strengthen the act but saw their amendments voted down by the government.

The vagueness of these commitments troubles Gabrielle Peters, a wheelchair-user and writer.

Canadas approach to accessibility has been to grant it as a gift they give us rather than a right we deserve, Peters said. Now that we have the ACA, the concern is that the broader public and the government think the issue is resolved when this law is, at best, a beginning.

Other disabled voters expressed concerns about the handful of relevant promises that have been put forward on the campaign trail. In addition to pledging expanded eligibility for the disability tax credit, the Conservatives have said they would implement a $50-million national autism strategy focusing on research and services for children. The NDP and Greens have followed suit with similar proposals and larger pots of cash.

While widely lauded among parent-led advocacy groups, some autistic adults view the proposals with skepticism.

Alex Haagaard, who is autistic and uses a wheelchair, said that while much modern disability policy including the ACA tends to apply a social lens, discussion of autism is still framed through the outmoded medical model that positions the disability as an ailment to be cured rather than a part of a persons identity.

Haagaard said action is clearly needed to help parents seeking supports for their children and teachers working to integrate autistic students into their classrooms, but said current attitudes at the heart of the campaign rhetoric are troubling.

A national strategy, Haagaard said, also risks undermining the goal of broader inclusion for other disabled populations.

That is counter to the goals of disability justice to silo autism as this individual condition that warrants this level of attention compared to other disabilities, Haagaard said.

Like Amantea, Peters felt let down by the leaders debates, citing the prevalence of discussion around medical assistance in dying over other issues that affect disabled people. The subject is polarizing, with many advocacy groups and individuals asserting such legislation devalues the lives of disabled people and places them at greater risk.

Such a narrow focus, Peters said, shows all parties failure to reckon with or address the diverse, complex needs of an overlooked demographic.

What strikes me as missing in policy and in this election is us, she said. Disabled people. The not inspirational, not motivational, not middle class, not white, disabled people of this country. In other words most of us.




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Liberal Party of Canada Answers Request for Election Commitments on Achieving an Accessible Canada for Over 6 Million People with Disabilities- Liberals Promise Less Than the NDP – Tories Greens, People’s Party and the Bloc Haven’t Answered the AODA Alliance’s Request for 11 Commitments


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

 

Liberal Party of Canada Answers Request for Election Commitments on Achieving an Accessible Canada for Over 6 Million People with Disabilities– Liberals Promise Less Than the NDP – Tories Greens, People’s Party and the Bloc Haven’t Answered the AODA Alliance’s Request for 11 Commitments

 

October 16, 2019

 

            SUMMARY

 

With the October 21 federal election so near, so close in the polls, and with every vote so important, what are the federal parties committing to do for over six million people with disabilities in Canada? The grassroots AODA Alliance has sought 11 specific commitments to strengthen the recently-enacted Accessible Canada Act (ACA), and to ensure that it is swiftly and effectively implemented and enforced. So far, only two federal parties have even answered.

Polls are suggesting that Canadians are about to elect a minority government. If there is a minority government, no matter who is our next Prime Minister, there is a real potential that Canada’s next Parliament could be persuaded to strengthen the Accessible Canada Act. While in opposition last year, the Greens, NDP and Conservatives all advocated for this law to be strengthened.

On October 15, 2019, the Liberal Party of Canada announced which election pledges it would make to people with disabilities, in response to the July 18, 2019 request for 11 major commitments which the AODA Alliance directed to the leaders of the six major federal parties. The Liberals’ response and its accompanying online statement on disability equality which it posted on its website on October 15, 2019, both set out below, give fewer promises than the only other federal party to respond to date.

On September 16, 2019, the federal New Democratic Party became the first federal party to answer the AODA Alliance’s request for these 11 commitments. The NDP response is available at https://www.aodaalliance.org/whats-new/what-pledges-will-the-federal-party-leaders-make-in-this-election-to-make-canada-accessible-for-over-6-million-people-with-disabilities-federal-ndp-leader-jagmeet-singh-is-first-national-leader-to-wr/

With only five days left before voting day, the AODA Alliance is continuing its blitz. The federal Conservatives, Greens, People’s Party and Bloc Quebecois have not yet answered. Last year, the Greens and Tories teamed up with the NDP in an unsuccessful to press for amendments to strengthen the Accessible Canada Act, at the request of a number of disability organizations including the AODA Alliance. During debates on the bill in the House of Commons last fall, the Tories promised to make it a priority to strengthen this law if they form the next Government. On November 22, 2018, Tory MPP John Barlow pledged: “…when a Conservative government comes into power, we will do everything we can to address the shortcomings of Bill C-81.” Tory MP Alex Nuttall promised Parliament “…we will get it right, right after the next election. This will be among the first things we ensure we put right, because it is concerning the most vulnerable Canadians.”

Below we also set out the excellent October 15, 2019 Canadian Press article by reporter Michelle McQuigge, posted online by Global News. It is the only news article we have seen in this election campaign covering the parties’ positions on this issue, and disability community efforts to secure such commitments. We urge the media to give this issue more coverage in the election campaign’s final days.

The non-partisan AODA Alliance does not support or oppose any party or candidate. It seeks to secure the strongest commitments on accessibility for people with disabilities from all the parties. As part of this campaign, it is tweeting to as many federal candidates across Canada as possible to press for the commitments it seeks. This evening, AODA Alliance Chair David Lepofsky has been invited to speak on a panel that will give action tips for the election campaign’s final days at a federal election disability issues public forum in Toronto, organized by a number of disability organizations. It takes place from 7 to 9 pm at Ryerson University’s Tecumseh Auditorium, Ryerson Student Centre, 55 Gould Street, Toronto.

Here is a summary of the 11 commitments that the AODA Alliance asked each party to make in its July 18, 2019 letter to the leaders of the six major federal parties:

  1. Enforceable accessibility standard regulations should be enacted within four years.
  1. The ACA should be effectively enforced.
  1. Federal public money should never be used to create or perpetuate barriers.
  1. The ACA should never reduce the rights of people with disabilities.
  1. Section 172(3) of the ACA should be amended to remove its unfair and discriminatory ban on the Canadian Transportation Agency ever awarding monetary compensation to passengers with disabilities who are the victims of an undue barrier in federally-regulated transportation (like air travel), where a CTA regulation wrongly set the accessibility requirements too low.
  1. The ACA’s implementation and enforcement should be consolidated in One federal agency, not splintered among several of them.
  1. No federal laws should ever create or permit disability barriers.
  1. Federal elections should be made accessible to voters with disabilities.
  1. Power to exempt organizations from some ACA requirements should be eliminated or reduced.
  1. Federally-controlled courts and tribunals should be made disability-accessible.
  1. Proposed Opposition amendments to the ACA that were defeated in the House of Commons in 2018 and that would strengthen the ACA should be passed.

The AODA Alliance is deeply concerned that the voting process in federal elections has not been assured to be barrier-free for voters with disabilities. We will be monitoring for these barriers, and are urging voters with disabilities to alert us of any problems they encounter. To follow all the action on Twitter over the last days leading to the election, follow @aodaalliance Email reports of voting barriers to us at [email protected]

Contact: David Lepofsky, [email protected] Twitter: @aodaalliance

For background on the AODA Alliance’s participation in the grassroots non-partisan campaign since 2015 for the Accessible Canada Act, visit www.aodaalliance.org/canada

          MORE DETAILS

October 15, 2019 Response from the Liberal Party of Canada to the Accessibility for Ontarians with Disabilities Act Alliance

Disability equality benefits everyone. When Canadians with disabilities have equal opportunities to contribute to their communities, to have the same quality of service from their government, to have equal opportunities to work, and to enjoy the same quality of life as everyone else, we build a stronger economy – and a stronger country.

Since 2015, we’ve worked to make this the reality for more Canadians. We started with a human rights-based approach to disability equality — fundamentally changing the way we, as a country, treat inclusion and accessibility. Part of that meant moving beyond individual accommodation and instead addressing discrimination as a whole.

Now, we’re making another choice. We’re choosing forward — taking the progress we’ve achieved and going even further to make Canada a more fair, equal and affordable place to live.

Over the past four years, we have made accessibility and disability inclusion a priority. For a full list of these actions please refer to Appendix A.

There is more work to be done. Canadians with disabilities continue to face barriers and experience discrimination.

Canada requires strong leadership to ensure that a human rights-based approach to disability is reflected in all Government of Canada policies, programmes, practices and results. To ensure systemic disability inclusion and to lead by example as the Accessible Canada Act is implemented, a re-elected Liberal government will put these policies and practices into place, in consultation with the disability community. We will conduct a comprehensive review to ensure a consistent approach to disability inclusion and supports across government that addresses the unfairness and inequities in our programs and services, and challenges the biases built into our processes. This includes a definition of disability consistent with the Accessible Canada Act.

We heard from Canadians with disabilities that the most significant economic and social barrier they face to full economic and social participation is in the area of employment. This is particularly so for youth with disabilities. From the Canadian Survey on Disability, we know that approximately 59% of working-age adults with disabilities are employed compared to 80% of those without disabilities.

That’s why a re-elected Liberal government will improve the economic inclusion of persons with disabilities through various measures that target these barriers, address discrimination and stigma, raise public awareness, and work with employers and businesses in a coordinated way. One component of this will be the creation of a workplace accessibility fund to help increase the availability of accommodations that help close gaps in access to good paying jobs and education. We know that improving workplace accessibility and employment outcomes for Canadians with disabilities will have an overwhelmingly positive impact, leading to increased productivity and greater profits for businesses, as well as financial independence and a better quality of life for all Canadians.

We will also focus on the timely and ambitious implementation of the Accessible Canada Act. As we operationalize the Canadian Accessibility Standards Development Organization, we will ensure that Canadians with disabilities and stakeholder groups are engaged in the process. We will also work with Provincial and Territorial governments, and Indigenous peoples to promote consistency in accessibility standards and a consistent experience of accessibility and inclusion for all Canadians.

Canada needs continued leadership to make sure people with disabilities can not only find good jobs, but can succeed for years and decades to come.

We won’t get that leadership from the Conservatives, who’ve proved that they only want to give a break to the very wealthiest Canadians — and cut programs and services for everyone else. Of the $53 billion they promise to cut, $14 billion is in hidden, mystery cuts could hurt Canadians with disabilities the most.

Only a re-elected Liberal government will continue on the progress we’ve made together. To help more Canadians with disabilities find and keep good jobs, we’ll address discrimination and stigma, raise public awareness, and work with employers and businesses.

These and other measures will ensure that disability inclusion is a priority for a re-elected Liberal government. We know that this is the best way to ensure that all Canadians have an equal and fair chance to succeed.

To read our full statement on disability equality and inclusion, as well as consult our 2019 platform, please visit: https://www.liberal.ca/disability-equality-statement/

Specific Additional Information in Response to Your Questions

Questions 1 and 2:

We are fully committed to the timely and ambitious implementation of the Accessible Canada Act so that it can fully benefit all Canadians. As we operationalize the Canadian Accessibility Standards Development Organization, as well as the positions of Chief Accessibility Officer and Accessibility Commissioner, we will ensure that Canadians with disabilities and stakeholder groups are engaged in the process. We will also work with Provincial and Territorial governments, and Indigenous peoples to promote consistency in accessibility standards and a consistent experience of accessibility and inclusion for all Canadians.

Question 3 (application to public policy):

Disability rights are human rights and we will always stand up to see these rights brought to life across government. We will conduct a comprehensive review to ensure a consistent approach to disability inclusion and supports across government that addresses the unfairness and inequities in our programs and services, and challenges the biases built into our processes. This includes a definition of disability consistent with the Accessible Canada Act. This builds on the work we have done over the past four years, putting into place measures that harness the Government of Canada’s purchasing and contracting power to advance accessibility, including creating the Accessible Procurement Resource Centre, as well as the update to procurement policies across government.

Questions 4 to 6 (implementation and enforcement issues):

We are fully committed to the timely and ambitious implementation of the Accessible Canada Act so that it can fully benefit all Canadians. Our government established the broadest definitions of disability and barrier to date within federal legislation, and we will continue to work with stakeholders and the disability community to ensure the Act is implemented effectively and achieves its objectives.

We have already established a working group that includes all agencies involved in the ACA, and they have already started working on the coordination of the implementation and enforcement. This will be furthered by the leadership of the Minister of Accessibility, the Chief Accessibility Officer and the Accessibility Commissioner. As we move forward, we will continue to look for new ways to ensure that Canadians with disabilities are able to identify and resolve complaints in a timely and effective way.

As we operationalize the Canadian Accessibility Standards Development Organization, we will also ensure that Canadians with disabilities and stakeholder groups are engaged in the process. We will also work with Provincial and Territorial governments, and Indigenous peoples to promote consistency in accessibility standards and a consistent experience of accessibility and inclusion for all Canadians.

Question 7

As stated above, we are fully committed to continuing to work with stakeholders and the disability community as the Accessible Canada Act is implemented to ensure it is fulfilling its objectives.

We will conduct a comprehensive review to ensure a consistent approach to disability inclusion and supports across government that addresses the unfairness and inequities in our programs and services, and challenges the biases built into our processes.

We will also work with Provincial and Territorial governments, and Indigenous peoples to promote consistency in accessibility standards and a consistent experience of accessibility and inclusion for all Canadians.

Question 8:

We modernized our electoral system, making it easier for citizens with disabilities to vote. As we do after every election, we will review lessons learned from these changes and work with stakeholders and the disability community on further steps we can take to address barriers that may exist.

Question 9:

Should any exemptions be implemented in accordance with the Accessible Canada Act these will be limited and due to very exceptional circumstances. The rationale for the exemptions will also be made public.

Question 10:

We will examine this issue as part of promised comprehensive review of federal policies and programs. In doing so we will work closely with provinces, territories, stakeholders and the disability community to effectively identify and reduce barriers.

Question 11:

We are fully committed to the timely and ambitious implementation of the Accessible Canada Act so that it can fully benefit all Canadians. We will continue to work with stakeholders and the disability community to ensure the Act is implemented effectively and achieves its objectives.

Appendix A: Our shared progress

After a decade of neglect from Harper’s Conservatives, over the past four years we’ve made accessibility and disability inclusion a priority. This started with the appointment of Canada’s first-ever Cabinet Minister responsible for Canadians with Disabilities. We also held a national discourse on disability issues through what would become the most inclusive consultation any government has ever had in the history of our country – on any topic. We held the first ever national summit for youth with disabilities, attended by the Prime Minister. The result: the Accessible Canada Act.

Canada is a proud signatory to the UN Convention of the Rights of Persons with Disability (UNCRPD). Since 2015, we taken a human rights-based approach to disability equality, making fundamental changes to the way we put the principles of inclusion and accessibility into practice. We recognized the need for systems, policies and practices to be designed inclusively from the start. We recognized the need to move beyond relying on individual accommodation to address discrimination. We recognized the economic benefit of disability inclusion. And we moved beyond “Nothing About Us, Without Us”, to “Nothing Without Us”, because every decision the federal government makes impacts its citizens with disabilities. Our efforts culminated in the Accessible Canada Act, which is considered the most significant advancement in disability rights since the Charter in 1982.

At the same time, we worked across government to make federal laws, policies, procedures and programs more equitable and inclusive of Canadians with disabilities:

        We applied a disability lens to our flagship policies and programs, such as the Canada Child Benefit, the National Housing Strategy, and the National Infrastructure Program.

         We improved tax policies through measures such as permitting registered nurse practitioners to complete Disability Tax Credit (DTC) medical forms, and the enhanced caregiver credit.

         We addressed the financial security of Canadians with disabilities through important changes to the Registered Disability Savings Plan (RDSP).

         We improved our immigration system by amending the outdated provisions on medical inadmissibility.  And we removed the processing fee to hire foreign caregivers, making these services more affordable.

         We modernized our electoral system, making it easier for citizens with disabilities to vote.

         We increased access to alternate format material, including the ratification of the Marrakesh Treaty in 2016.

         We created the Accessible Technology Fund.

         We included persons with disabilities in decision-making. Examples include the Disability Advisory Group to Elections Canada, the Canada Post Accessibility Advisory Panel, and the reconstituted Disability Advisory Group to the Canada Revenue Agency (CRA) — which was disbanded by Harper’s Conservatives.

         We focused on data collection to inform government decision-making.  This included enhancements the Canadian Survey on Disability, and funding a study on intersectionality as it relates to gender and disability called “More than a Footnote”.

         We appointed the first-ever Deputy Minister of Public Service Accessibility, and committed to hiring at least 5,000 persons with disabilities over the next five years into the federal public service. This will be complemented by a new internship program that will provide placements across the federal government for persons with disabilities.

         We invested in making government workspaces more accessible, and began working towards ensuring our buildings and properties meet the highest standards of accessibility.  We put into places measures that will harness the Government of Canada’s purchasing and contracting power to advance accessibility, including creating the Accessible Procurement Resource Centre.

         We adhered to our international human rights obligations: we signed the Optional Protocol to the UNCRPD, and appointed the Canadian Human Rights Commission to monitor the UNCRPD.

October 15, 2019 Online Statement on Disability Equality by the Liberal Party of Canada

DISABILITY EQUALITY STATEMENT

Originally posted at https://www.liberal.ca/disability-equality-statement/

Disability equality benefits everyone. When Canadians with disabilities have equal opportunities to contribute to their communities, to have the same quality of service from their government, to have equal opportunities to work, and to enjoy the same quality of life as everyone else, we build a stronger economy – and a stronger country.

Since 2015, we’ve worked to make this the reality for more Canadians. We started with a human rights-based approach to disability equality — fundamentally changing the way we, as a country, treat inclusion and accessibility. Part of that meant moving beyond individual accommodation and instead addressing discrimination as a whole.

Now, we’re making another choice. We’re choosing forward — taking the progress we’ve achieved and going even further to make Canada a more fair, equal and affordable place to live.

OUR SHARED PROGRESS

After a decade of neglect from Harper’s Conservatives, over the past four years we’ve made accessibility and disability inclusion a priority. This started with the appointment of Canada’s first-ever Cabinet Minister responsible for Canadians with Disabilities. We also held a national discourse on disability issues through what would become the most inclusive consultation any government has ever had in the history of our country – on any topic. We held the first ever national summit for youth with disabilities, attended by the Prime Minister. The result: the Accessible Canada Act.

Canada is a proud signatory to the UN Convention of the Rights of Persons with Disability (UNCRPD). Since 2015, we taken a human rights-based approach to disability equality, making fundamental changes to the way we put the principles of inclusion and accessibility into practice. We recognized the need for systems, policies and practices to be designed inclusively from the start. We recognized the need to move beyond relying on individual accommodation to address discrimination. We recognized the economic benefit of disability inclusion. And we moved beyond “Nothing About Us, Without Us”, to “Nothing Without Us”, because every decision the federal government makes impacts its citizens with disabilities. Our efforts culminated in the Accessible Canada Act, which is considered the most significant advancement in disability rights since the Charter in 1982.

At the same time, we worked across government to make federal laws, policies, procedures and programs more equitable and inclusive of Canadians with disabilities:

We applied a disability lens to our flagship policies and programs, such as the Canada Child Benefit, the National Housing Strategy, and the National Infrastructure Program.

We improved tax policies through measures such as permitting registered nurse practitioners to complete Disability Tax Credit (DTC) medical forms, and the enhanced caregiver credit.

We addressed the financial security of Canadians with disabilities through important changes to the Registered Disability Savings Plan (RDSP).

We improved our immigration system by amending the outdated provisions on medical inadmissibility. And we removed the processing fee to hire foreign caregivers, making these services more affordable.

We modernized our electoral system, making it easier for citizens with disabilities to vote.

We increased access to alternate format material, including the ratification of the Marrakesh Treaty in 2016.

We created the Accessible Technology Fund.

We included persons with disabilities in decision-making. Examples include the Disability Advisory Group to Elections Canada, the Canada Post Accessibility Advisory Panel, and the reconstituted Disability Advisory Group to the Canada Revenue Agency (CRA) — which was disbanded by Harper’s Conservatives.

We focused on data collection to inform government decision-making. This included enhancements the Canadian Survey on Disability, and funding a study on intersectionality as it relates to gender and disability called “More than a Footnote”.

We appointed the first-ever Deputy Minister of Public Service Accessibility, and committed to hiring at least 5,000 persons with disabilities over the next five years into the federal public service. This will be complemented by a new internship program that will provide placements across the federal government for persons with disabilities.

We invested in making government workspaces more accessible, and began working towards ensuring our buildings and properties meet the highest standards of accessibility. We put into places measures that will harness the Government of Canada’s purchasing and contracting power to advance accessibility, including creating the Accessible Procurement Resource Centre.

We adhered to our international human rights obligations: we signed the Optional Protocol to the UNCRPD, and appointed the Canadian Human Rights Commission to monitor the UNCRPD.

THE PATH TO EQUALITY THROUGH DISABILITY INCLUSION

Moving forward, there is more work to be done. Canadians with disabilities continue to face barriers and experience discrimination.

Canada requires strong leadership to ensure that a human rights-based approach to disability is reflected in all Government of Canada policies, programmes, practices and results. To ensure systemic disability inclusion and to lead by example as the Accessible Canada Act is implemented, a re-elected Liberal government will put these policies and practices into place, in consultation with the disability community. We will conduct a comprehensive review to ensure a consistent approach to disability inclusion and supports across government that addresses the unfairness and inequities in our programs and services, and challenges the biases built into our processes. This includes a definition of disability consistent with the Accessible Canada Act.

We heard from Canadians with disabilities that the most significant economic and social barrier they face to full economic and social participation is in the area of employment. This is particularly so for youth with disabilities. From the Canadian Survey on Disability, we know that approximately 59% of working-age adults with disabilities are employed compared to 80% of those without disabilities.

That’s why a re-elected Liberal government will improve the economic inclusion of persons with disabilities through various measures that target these barriers, address discrimination and stigma, raise public awareness, and work with employers and businesses in a coordinated way. One component of this will be the creation of a workplace accessibility fund to help increase the availability of accommodations that help close gaps in access to good paying jobs and education. We know that improving workplace accessibility and employment outcomes for Canadians with disabilities will have an overwhelmingly positive impact, leading to increased productivity and greater profits for businesses, as well as financial independence and a better quality of life for all Canadians.

We will also focus on the timely and ambitious implementation of the Accessible Canada Act. As we operationalize the Canadian Accessibility Standards Development Organization, we will ensure that Canadians with disabilities and stakeholder groups are engaged in the process. We will also work with Provincial and Territorial governments, and Indigenous peoples to promote consistency in accessibility standards and a consistent experience of accessibility and inclusion for all Canadians.

Canada needs continued leadership to make sure people with disabilities can not only find good jobs, but can succeed for years and decades to come.

We won’t get that leadership from the Conservatives, who’ve proved that they only want to give a break to the very wealthiest Canadians — and cut programs and services for everyone else. Of the $53 billion they promise to cut, $14 billion is in hidden, mystery cuts could hurt Canadians with disabilities the most.

Only a re-elected Liberal government will continue on the progress we’ve made together. To help more Canadians with disabilities find and keep good jobs, we’ll address discrimination and stigma, raise public awareness, and work with employers and businesses.

These and other measures will ensure that disability inclusion is a priority for a re-elected Liberal government. We know that this is the best way to ensure that all Canadians have an equal and fair chance to succeed.

 Global News October 15, 2019

Originally posted at https://globalnews.ca/news/6034294/canadians-disabilities-election-campaign/

Canadians with disabilities cast doubt next federal government will address needs

BY MICHELLE MCQUIGGE -THE CANADIAN PRESS

Amy Amantea, who lost her eyesight due to complications while undergoing surgery more than a decade ago, poses for a photograph at her home in North Vancouver, on Oct. 11, 2019.

Amy Amantea tuned in to the English-language federal leaders’ debate with modest hope there would be at least some discussion of issues relevant to disabled Canadians.

The first half of the campaign had passed with barely a reference, even from the party that had delivered a historic achievement in national disability policy. Earlier this year, the Liberals made good on a 2015 campaign promise when the Accessible Canada Act received royal assent, marking the first time any government had enacted accessibility legislation at the federal level.

The government estimates one in five Canadians over the age of 15 is disabled, and Amantea, who is legally blind, hoped leaders would use the Oct. 7 debate to address some of the many issues they face. But those hopes faded as the debate progressed, giving way instead to doubts about how Canada’s disabled residents would fare after the Oct. 21 election.

“We have a lot of very unique needs and circumstances in our community that don’t get addressed,” Amantea said in a telephone interview from Vancouver. “Just a nod, just a mention would have been kind of nice, but it was not to be.”

Amantea said that relative silence has persisted into the final week of the campaign, giving rise to concerns throughout Canada’s disabled community. Many fear that parties who fail to make mention of key issues facing disabled Canadians while courting votes may prove even more dismissive once those votes have been cast.

They point to party platforms and public pledges, most of which make scant mention of either the Accessible Canada Act or disability-specific measures on issues such as infrastructure, health and affordable housing.

The Liberals response to questions on disability policy largely focused on past achievements. Spokesman Joe Pickerill did offer some future plans, including doubling the disability child benefit, establishing a $40-million-per-year national fund meant to help disabled Canadians find work, and simplifying the process veterans use to access disability benefits.

The Green party did not respond to request for comment, and the People’s Party of Canada said its platform contained “no policy related to disabled persons.”

The NDP did not provide comment to The Canadian Press, but made several commitments to strengthen the Accessible Canada Act in a letter sent to an Ontario-based disability advocacy group.

The act, while widely acknowledged as a significant milestone, was also broadly criticized by nearly a hundred grass-roots organizations across the country as too weak to be truly effective. Such critiques continued even after the government agreed to adopt some Senate amendments sought by the disability groups, who hoped future governments would continue to build on the new law.

Only the NDP agreed to do so when approached by the Accessibility for Ontarians with Disabilities Act Alliance, which contacted all major parties in July.

“The Liberals hailed this bill as a historical piece of legislation. But without substantial amendments, it is yet another in a long line of Liberal half-measures,” reads the NDP’s response. “New Democrats are committed to ensuring that C-81 actually lives up to Liberal party rhetoric.”

The Conservatives, too, pledged to “work closely with the disability community to ensure that our laws reflect their lived realities.” Spokesman Simon Jefferies also noted party members pushed to strengthen the act but saw their amendments voted down by the government.

The vagueness of these commitments troubles Gabrielle Peters, a wheelchair-user and writer.

“Canada’s approach to accessibility has been to grant it as a gift they give us rather than a right we deserve,” Peters said. “Now that we have the ACA, the concern is that the broader public and the government think the issue is resolved when this law is, at best, a beginning.”

Other disabled voters expressed concerns about the handful of relevant promises that have been put forward on the campaign trail. In addition to pledging expanded eligibility for the disability tax credit, the Conservatives have said they would implement a $50-million national autism strategy focusing on research and services for children. The NDP and Greens have followed suit with similar proposals and larger pots of cash.

While widely lauded among parent-led advocacy groups, some autistic adults view the proposals with skepticism.

Alex Haagaard, who is autistic and uses a wheelchair, said that while much modern disability policy including the ACA tends to apply a social lens, discussion of autism is still framed through the outmoded medical model that positions the disability as an ailment to be cured rather than a part of a person’s identity.

Haagaard said action is clearly needed to help parents seeking supports for their children and teachers working to integrate autistic students into their classrooms, but said current attitudes at the heart of the campaign rhetoric are troubling.

A national strategy, Haagaard said, also risks undermining the goal of broader inclusion for other disabled populations.

“That is counter to the goals of disability justice to silo autism as this individual condition that warrants this level of attention compared to other disabilities,” Haagaard said.

Like Amantea, Peters felt let down by the leaders debates, citing the prevalence of discussion around medical assistance in dying over other issues that affect disabled people. The subject is polarizing, with many advocacy groups and individuals asserting such legislation devalues the lives of disabled people and places them at greater risk.

Such a narrow focus, Peters said, shows all parties’ failure to reckon with or address the diverse, complex needs of an overlooked demographic.

“What strikes me as missing in policy and in this election is us,” she said. “Disabled people. The not inspirational, not motivational, not middle class, not white, disabled people of this country. In other  words — most of us.”



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Why Haven’t Any of the Federal Parties Except the NDP Answered the AODA Alliance’s July 18, 2019 Letter, Seeking Election Commitments on Promoting Accessibility for Over Six Million People with Disabilities in Canada?


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

September 25, 2019

SUMMARY

The federal election is less than four weeks away. Why haven’t the federal Liberals, Tories, and Green Party answered our request, sent to them over two months ago, for specific election commitments on accessibility for over 6 million people with disabilities in Canada? Last fall and again this past June, these parties each voted unanimously for Bill C-81, the Accessible Canada Act and all spoke passionately about its importance to Canada.

On July 18, 2019, over two months ago, we wrote a letter to their leaders, asking for a series of election commitments. These commitments would be a roadmap for the strong and effective implementation of this new legislation.

The only federal political party that has answered us so far is the New Democratic Party. You can see the NDP response to us at https://www.aodaalliance.org/whats-new/what-pledges-will-the-federal-party-leaders-make-in-this-election-to-make-canada-accessible-for-over-6-million-people-with-disabilities-federal-ndp-leader-jagmeet-singh-is-first-national-leader-to-wr/

Why have the Liberals not answered our July 18, 2019 letter? The Accessible Canada Act is legislation that they said they were so proud to introduce. They said the Accessible Canada Act is historic legislation. They promised it would do so much to tear down the many barriers that face people with disabilities in Canada. Their provincial counterparts, the Ontario Liberal Party, made election commitments on the implementation of Ontario’s accessibility law, the Accessibility for Ontarians with Disabilities Act, in each of the four provincial elections since it was passed in 2005.

Why have the Conservatives not answered our July 18, 2019 letter? When the Accessible Canada Act was debated in the House of Commons and the Senate, they vigourously pointed to the weaknesses in this bill that we and others from the disability community had raised. On behalf of people with disabilities in Canada, they pressed for amendments to the bill to address those weaknesses amendments that the Government mostly voted down.

Less than a year ago, on November 22, 2019 during third reading debates in the House of Commons on this legislation, two Tory MPs with leadership roles on this bill explicitly committed that if the Tories are elected in 2019, they will strengthen this legislation. Those commitments came from MP John Barlow, who was vice chair of the Standing Committee that held hearings on the bill, and Alex Nuttall, who was then the Tory critic on this bill. We set out their statements, below.

Why has the Green Party not answered our July 18, 2019 letter? Green Party Leader Elizabeth May did a good job of raising our concerns with Bill C-81 when it was being debated in the House of Commons, even though her party had the least resources to mount such an effort.

We are continuing our non-partisan campaign to get strong commitments from all the parties and candidates in this election on the implementation and enforcement of the Accessible Canada Act. Please press your local candidates to get us an answer from their parties! Here are resources to help you help us all!

* Go on Twitter and follow us @aodaalliance. We are sending tweets each day to different federal candidates. We are asking them to give the commitments we seek on the implementation of the Accessible Canada Act. Please take a few moments each day to retweet our tweets. When you retweet them, you are adding your voice to ours.

* Use suggestions for helping our blitz that are set out in our new Federal Election Action Kit. You can find it at https://www.aodaalliance.org/whats-new/federal-election-action-kit-raise-disability-accessibility-issues-in-canadas-2019-federal-election/

Would you like to watch the all-candidates’ debate in Toronto on issues surrounding the implementation of the Accessible Canada Act, being hosted by the Holland Bloorview Kids Rehab Centre and the Reena Foundation tonight at the Bloorview facility , 150 Kilgour Road, Toronto? Our friends and colleagues at the Ontario Autism Coalition have volunteered to live stream the event on Wednesday, September 25, 2019 from 7 to 9 pm eastern time. The precise link for viewing it won’t be available until right before the event. However, you can go to the OAC’s Facebook page where the link will appear near the top of the page when the stream is ready to start. The OAC can make no promises about the quality of the live stream and no doubt will do their best. To go to the Ontario Autism Coalition’s Facebook page, visit https://www.facebook.com/groups/4179793644/

Learn all about the campaign for a strong and effective Accessible Canada Act by visiting our website’s Canada page.

MORE DETAILS

House of Commons of Canada Hansard

November 22, 2018

Excerpts from Third Reading Debates on Bill C-81, the proposed Accessible Canada Act

Posted at https://www.aodaalliance.org/whats-new/transcript-of-the-2nd-and-final-day-of-third-reading-debates-on-bill-c-81-the-proposed-accessible-canada-act-in-the-house-of-commons-on-november-22-2018/

Erin O’Toole Durham, ON

Mr. Speaker, I am concerned by the comments from the Liberal parliamentary secretary suggesting my colleague and friend is misleading people. I spoke to my friend just yesterday about the conversation I had last week with David Lepofsky, probably the most prominent Canadian in terms of disability advocacy. He has the Order of Ontario and Order of Canada, as a constitutional lawyer and disability advocate.

What my friend is saying to the House today is exactly what is being said by people like David Lepofsky. One of the things I heard from him was the fact that there is no end date for accessibility within Bill C-81, no timeline. Ontario has set a 20-year goal of making sure accessibility is paramount. The other thing I heard from him was that there is no clear commitment in Bill C-81 to ensure no infrastructure dollars would go to new projects unless accessibility is at the centre of the project. There are no timelines and no teeth.

The Liberal member is suggesting that my friend is misleading Canadians. This is what disability advocates are asking for. Will my friend comment on the fact that we have an opportunity with Bill C-81 to get it right, if only the Liberals will listen?

Conservative

Alex Nuttall BarrieSpringwaterOro-Medonte, ON

Mr. Speaker, first of all, I want to commit to the member that we will get it right, right after the next election. This will be among the first things we ensure we put right, because it is concerning the most vulnerable Canadians. It is interesting the member brought up Mr. Lepofsky, because he said the following:

…the bill that is now before you is very strong on good intentions but very weak on implementation and enforcement…When you come to vote on amendments before this committee and when you go back to your caucuses to decide what position you’re going to take, we urge you not simply to think of the immediate political expediency of today; we do urge you to think about the imminent election a year from now and the needs of the minority of everyone, for whom no party or politician can go soft.

Those are the words of Mr. Lepofsky. It is unfortunate that the Liberal Party did not listen to them.

House of Commons Hansard November 22, 2018

Third Reading Debates over Bill C-81, the Accessible Canada Act

John Barlow Foothills, AB

We mentioned David Lepofsky today who is with the Accessibility for Ontarians with Disabilities Act Alliance. I really want to put in his comment here today. He said:

The bill that is now before you is very strong on good intentions but very weak on implementation and enforcement…When you come to vote on amendments before this committee and when you go back to your caucuses to decide what position you’re going to take, we urge you not simply to think of the immediate political expediency of today; we do urge you to think about the imminent election a year from now and the needs of the minority of everyone, for whom no party or politician can go soft.

Mr. Lepofsky was speaking for Canadians across the country asking us as parliamentarians to not get cold feet. This is an opportunity to make some substantial, historic change for Canadians with disabilities, and we failed.

I have to share a little of the frustration on this, as we will be voting in support of Bill C-81. For those organizations, those stakeholders listening today, the reason we are voting in support of Bill C-81 is certainly not because we agree with it. In fact, I have outlined today in my speech the many reasons why we are not. We heard from the stakeholders time and time again of their disappointment. But their comments were always that, although it fell well short of what they wanted, it was a start, and I will grant them that, it is a start.

I know they were expecting much more from the minister, the Liberal government and from us as members of that committee. Therefore, my promise to those Canadians in the disabilities community across the country is that when a Conservative government comes into power, we will do everything we can to address the shortcomings of Bill C-81. I know how much work they have put into this proposed legislation. I know how much time and effort they put in working with us on the committee. I know what their vision was for Bill C-81. Unfortunately, this falls short. We will not make that same mistake in 2019.




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Why Haven’t Any of the Federal Parties Except the NDP Answered the AODA Alliance’s July 18, 2019 Letter, Seeking Election Commitments on Promoting Accessibility for Over Six Million People 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

Why Haven’t Any of the Federal Parties Except the NDP Answered the AODA Alliance’s July 18, 2019 Letter, Seeking Election Commitments on Promoting Accessibility for Over Six Million People with Disabilities in Canada?

September 25, 2019

SUMMARY

The federal election is less than four weeks away. Why haven’t the federal Liberals, Tories, and Green Party answered our request, sent to them over two months ago, for specific election commitments on accessibility for over 6 million people with disabilities in Canada? Last fall and again this past June, these parties each voted unanimously for Bill C-81, the Accessible Canada Act and all spoke passionately about its importance to Canada.

On July 18, 2019, over two months ago, we wrote a letter to their leaders, asking for a series of election commitments. These commitments would be a roadmap for the strong and effective implementation of this new legislation.

The only federal political party that has answered us so far is the New Democratic Party. You can see the NDP response to us at https://www.aodaalliance.org/whats-new/what-pledges-will-the-federal-party-leaders-make-in-this-election-to-make-canada-accessible-for-over-6-million-people-with-disabilities-federal-ndp-leader-jagmeet-singh-is-first-national-leader-to-wr/

Why have the Liberals not answered our July 18, 2019 letter? The Accessible Canada Act is legislation that they said they were so proud to introduce. They said the Accessible Canada Act is historic legislation. They promised it would do so much to tear down the many barriers that face people with disabilities in Canada. Their provincial counterparts, the Ontario Liberal Party, made election commitments on the implementation of Ontario’s accessibility law, the Accessibility for Ontarians with Disabilities Act, in each of the four provincial elections since it was passed in 2005.

Why have the Conservatives not answered our July 18, 2019 letter? When the Accessible Canada Act was debated in the House of Commons and the Senate, they vigourously pointed to the weaknesses in this bill that we and others from the disability community had raised. On behalf of people with disabilities in Canada, they pressed for amendments to the bill to address those weaknesses – amendments that the Government mostly voted down.

Less than a year ago, on November 22, 2019 during third reading debates in the House of Commons on this legislation, two Tory MPs with leadership roles on this bill explicitly committed that if the Tories are elected in 2019, they will strengthen this legislation. Those commitments came from MP John Barlow, who was vice chair of the Standing Committee that held hearings on the bill, and Alex Nuttall, who was then the Tory critic on this bill. We set out their statements, below.

Why has the Green Party not answered our July 18, 2019 letter? Green Party Leader Elizabeth May did a good job of raising our concerns with Bill C-81 when it was being debated in the House of Commons, even though her party had the least resources to mount such an effort.

We are continuing our non-partisan campaign to get strong commitments from all the parties and candidates in this election on the implementation and enforcement of the Accessible Canada Act. Please press your local candidates to get us an answer from their parties! Here are resources to help you help us all!

* Go on Twitter and follow us @aodaalliance. We are sending tweets each day to different federal candidates. We are asking them to give the commitments we seek on the implementation of the Accessible Canada Act. Please take a few moments each day to retweet our tweets. When you retweet them, you are adding your voice to ours.

* Use suggestions for helping our blitz that are set out in our new Federal Election Action Kit. You can find it at https://www.aodaalliance.org/whats-new/federal-election-action-kit-raise-disability-accessibility-issues-in-canadas-2019-federal-election/

Would you like to watch the all-candidates’ debate in Toronto on issues surrounding the implementation of the Accessible Canada Act, being hosted by the Holland Bloorview Kids Rehab Centre and the Reena Foundation tonight at the Bloorview facility , 150 Kilgour Road, Toronto? Our friends and colleagues at the Ontario Autism Coalition have volunteered to live stream the event on Wednesday, September 25, 2019 from 7 to 9 pm eastern time. The precise link for viewing it won’t be available until right before the event. However, you can go to the OAC’s Facebook page where the link will appear near the top of the page when the stream is ready to start. The OAC can make no promises about the quality of the live stream and no doubt will do their best. To go to the Ontario Autism Coalition’s Facebook page, visit https://www.facebook.com/groups/4179793644/

Learn all about the campaign for a strong and effective Accessible Canada Act by visiting our website’s Canada page.

          MORE DETAILS

House of Commons of Canada Hansard

November 22, 2018

Excerpts from Third Reading Debates on Bill C-81, the proposed Accessible Canada Act

Posted at https://www.aodaalliance.org/whats-new/transcript-of-the-2nd-and-final-day-of-third-reading-debates-on-bill-c-81-the-proposed-accessible-canada-act-in-the-house-of-commons-on-november-22-2018/

Erin O’Toole   Durham, ON

Mr. Speaker, I am concerned by the comments from the Liberal parliamentary secretary suggesting my colleague and friend is misleading people. I spoke to my friend just yesterday about the conversation I had last week with David Lepofsky, probably the most prominent Canadian in terms of disability advocacy. He has the Order of Ontario and Order of Canada, as a constitutional lawyer and disability advocate.

What my friend is saying to the House today is exactly what is being said by people like David Lepofsky. One of the things I heard from him was the fact that there is no end date for accessibility within Bill C-81, no timeline. Ontario has set a 20-year goal of making sure accessibility is paramount. The other thing I heard from him was that there is no clear commitment in Bill C-81 to ensure no infrastructure dollars would go to new projects unless accessibility is at the centre of the project. There are no timelines and no teeth.

The Liberal member is suggesting that my friend is misleading Canadians. This is what disability advocates are asking for. Will my friend comment on the fact that we have an opportunity with Bill C-81 to get it right, if only the Liberals will listen?

Conservative

Alex Nuttall   Barrie—Springwater—Oro-Medonte, ON

Mr. Speaker, first of all, I want to commit to the member that we will get it right, right after the next election. This will be among the first things we ensure we put right, because it is concerning the most vulnerable Canadians. It is interesting the member brought up Mr. Lepofsky, because he said the following:

…the bill that is now before you is very strong on good intentions but very weak on implementation and enforcement…When you come to vote on amendments before this committee and when you go back to your caucuses to decide what position you’re going to take, we urge you not simply to think of the immediate political expediency of today; we do urge you to think about the imminent election a year from now and the needs of the minority of everyone, for whom no party or politician can go soft.

Those are the words of Mr. Lepofsky. It is unfortunate that the Liberal Party did not listen to them.

House of Commons Hansard November 22, 2018

Third Reading Debates over Bill C-81, the Accessible Canada Act

John Barlow Foothills, AB

We mentioned David Lepofsky today who is with the Accessibility for Ontarians with Disabilities Act Alliance. I really want to put in his comment here today. He said:

The bill that is now before you is very strong on good intentions but very weak on implementation and enforcement…When you come to vote on amendments before this committee and when you go back to your caucuses to decide what position you’re going to take, we urge you not simply to think of the immediate political expediency of today; we do urge you to think about the imminent election a year from now and the needs of the minority of everyone, for whom no party or politician can go soft.

Mr. Lepofsky was speaking for Canadians across the country asking us as parliamentarians to not get cold feet. This is an opportunity to make some substantial, historic change for Canadians with disabilities, and we failed.

I have to share a little of the frustration on this, as we will be voting in support of Bill C-81. For those organizations, those stakeholders listening today, the reason we are voting in support of Bill C-81 is certainly not because we agree with it. In fact, I have outlined today in my speech the many reasons why we are not. We heard from the stakeholders time and time again of their disappointment. But their comments were always that, although it fell well short of what they wanted, it was a start, and I will grant them that, it is a start.

I know they were expecting much more from the minister, the Liberal government and from us as members of that committee. Therefore, my promise to those Canadians in the disabilities community across the country is that when a Conservative government comes into power, we will do everything we can to address the shortcomings of Bill C-81. I know how much work they have put into this proposed legislation. I know how much time and effort they put in working with us on the committee. I know what their vision was for Bill C-81. Unfortunately, this falls short. We will not make that same mistake in 2019.



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More Media on the E-scooters Issue – and – On September 25, Attend Either a Federal Candidates’ Forum on the Accessible Canada Act or the TTC’s Public Forum on Accessible Transit


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

More Media on the E-scooters Issue – and – On September 25, Attend Either a Federal Candidates’ Forum on the Accessible Canada Act or the TTC’s Public Forum on Accessible Transit

September 23, 2019

          SUMMARY

1. Yet More Media Attention on the Problems with Allowing Electric Scooters Out in Public in Our Province

There have now been four weeks since we learned about the Ford Government’s troubling plan to allow unlicensed, uninsured people to drive electric scooters in Ontario in a 5-year pilot project. We presented it to Ontarians as a serious disability issue. Since then, the media coverage of this issue just keeps on coming!

Below we set out an article on this subject that was in the September 21, 2019 Globe and Mail. It does not make the e-scooters’ disability issues its focus.

As well, last week, on Friday, September 20, 2019, CBC Radio devoted an entire hour to a province-wide call-in program on e-scooters on its Ontario Today program. Those taking part in that program echoed a number of the concerns with e-scooters that we have been raising. The CBC included a clip from an earlier interview with AODA Alliance Chair David Lepofsky in the program.

We are especially concerned to know what kind of audience our provincial and municipal politicians are giving to the lobbyists for the companies that are lobbying hard to rent e-scooters in Ontario. Those of course are the very companies whose business plan includes people randomly leaving e-scooters on our public sidewalks, creating new barriers for pedestrians with disabilities. We have contended that our public sidewalks are not meant for their businesses’ free parking. Our provincial and municipal politicians should make public their discussions with those corporate lobbyists.

We encourage you to check out the September 12, 2019 brief that the AODA Alliance has submitted to the Ontario Government. Please let the Government know if you support our brief and its recommendations. You can write the Government at [email protected]

2. Come to the Toronto September 25, 2019 Federal Candidates’ Forum on the Accessible Canada Act

Would you like to know what the federal parties are promising to do, if elected, to strengthen the new Accessible Canada Act and to ensure that it is swiftly and effectively implemented and enforced? If you are in the Toronto area, come to the September 25, 2019 federal candidates’ forum on this topic, organized by the Holland Bloorview Kids Rehab Centre, and the Reena Foundation. We set out the announcement below. It includes information on how to sign up to attend this event.

We are hoping that this event will also be live streamed, but details are still in the works. , AODA Alliance Chair David Lepofsky has been invited to be a subject matter expert during this debate.

We encourage you to use the AODA Alliance’s brand new Action Kit for tips on how to raise disability accessibility issues in this federal election.

3. Another Chance to Alert TTC to Public Transit Barriers in Toronto

Do you still run into accessibility barriers when using public transit in Toronto? Here is another opportunity to try to press for reforms at the TTC.

Below is the Toronto Transit Commission’s announcement of its 2019 Annual Public Forum on Accessible Transit. It will be held on the evening of Wednesday, September 25, 2019 from 7 to 9 pm.

It is too bad that both this TTC forum and the federal candidates forum on the Accessible Canada Act will be taking place at the same date and time. We encourage one and all in the Toronto area to come to this TTC event, or the federal candidates’ event. Raise accessibility problems you have experienced on the TTC. It is important to shine the light on accessibility issues that continue to plague people with disabilities on public transit in Canada’s biggest city.

Over three years ago, the Ontario Government appointed a new Transportation Standards Development Committee under the Accessibility for Ontarians with Disabilities Act to review the 2011 Transportation Accessibility Standard, and to recommend any needed changes to strengthen it. That Committee’s final reform recommendations, which the former Ontario Government under Kathleen Wynne made public in the 2018 spring, were exceptionally weak. If implemented, they wouldn’t significantly improve that very limited accessibility standard.

In its first 15 months in office, the new Ontario Government under Premier Doug Ford has announced no new action to make public transit accessible in Ontario for people with disabilities. It has announced no action on this subject as a result of the Transportation Standards Development Committee’s 2018 recommendations.

This is part of a bigger and troubling provincial picture. The Ford Government has done nothing since taking office to strengthen and accelerate the sluggish implementation and enforcement of the AODA.

Back on January 31, 2019, the Ford Government received the final report of the most recent Independent Review of the AODA’s implementation conducted by former Lieutenant Governor David Onley. That was 236 days ago. That report found a pressing need to substantially strengthen the AODA’s implementation. Yet the Ford Government has announced no comprehensive plan to implement the Onley Report’s recommendations for strengthening the AODA’s implementation.

Please contact your local media and encourage them to attend the TTC forum. Video record or photograph barriers on TTC you have experienced. Send them to the media. Publicize them on social media like Twitter and Facebook. Use the ever-popular hashtag #AODAfail in tweets about these barriers, as part of our “Picture Our Barriers” campaign.

TTC will again stream this public forum event live. Check out details below in the TTC announcement.

This TTC Public Forum originated in 2008 as a result of the 2007 Human Rights Tribunal order in Lepofsky v. TTC #2. Eleven years ago, the Ontario Human Rights Tribunal ordered TTC to hold one such event per year for the three years after the Tribunal ruled against TTC in Lepofsky v. TTC #2.

After starting to hold these events because it was ordered to do so commendably TTC decided to keep holding these events once per year, even though TTC originally and strenuously opposed David Lepofsky when he asked the Human Rights Tribunal to make this order.

Since 2011, TTC and all public transit providers in Ontario are required by law to hold a similar event each year in your community under section 41(2) of the Integrated Accessibility Standard Regulation, enacted under the AODA. If you live outside Toronto, ask your public transit provider when they are planning to hold their annual public forum on accessible transit. If your public transit authority has not done so, please contact Raymond Cho, who is Ontario’s Minister for Seniors and Accessibility and is responsible for enforcing the AODA, and ask that this provision be strictly enforced. This section provides:

“41(2) Every conventional transportation service provider shall annually hold at least one public meeting involving persons with disabilities to ensure that they have an opportunity to participate in a review of the accessibility plan and that they are given the opportunity to provide feedback on the accessibility plan.”

Let us know if your public transit authority elsewhere in Ontario is holding a similar event this year, or did so last year. Email us at [email protected] or reply to this email.

Each year there is an impressive turnout of hundreds of people at TTC’s public forums on accessible transit. Each wants a chance at the microphone to tell their story. Unfortunately, TTC each year uses up far too much time, as much as a third of the time in some instances, making speeches on what a great job TTC says it’s doing on accessibility. We have urged TTC to keep all of those speeches down to a total of five or ten minutes, maximum, to give as much time as possible to the attendees to speak, since they made the effort to come to this event. We hope TTC will listen to this suggestion this time. They have not done so in the past despite our requests.

Under the Human Rights Tribunal’s order, all TTC Commissioners were required to attend each public forum. Since that order expired, many if not most TTC Commissioners have skipped these TTC accessible transit public forums. This is wrong. TTC chose the forum’s date well in advance. Its Commissioners should be able to make it. If hundreds of people with disabilities take the time out of their busy day to come to speak to the TTC Commissioners, the least that those TTC Commissioners can do is to themselves take the time to show up to this TTC community event and listen to the front-line experiences of riders with disabilities.

          More Details

The Globe and Mail September 21, 2019

Originally posted at https://www.theglobeandmail.com/canada/alberta/article-politicians-and-planners-look-to-data-for-answers-on-e-scooters/

Cities look to data for answers on e-scooters

By CARRIE TAIT

Staff

CALGARY – Calgarians puttering around on electric scooters flock to Prince’s Island Park, a downtown gem and the river paths. Montrealers favour Old Montreal. And in Edmonton, Whyte Avenue, known for pubs and shops, is a popular destination.

A handful of Canadian cities launched e-scooter pilot projects this summer, writing bylaws with limited data. Even the most basic rule – where, exactly, are riders allowed to scoot – varies from city to city. In Edmonton, for example, scooters are allowed on streets with speed limits up to 50 kilometres an hour, but not sidewalks; in Calgary, sidewalks are in and roads are out.

Now, as summer wraps up, politicians and urban planners have information they will use to rewrite the rules for shared escooters. But the data will do far more than influence speed limits on pathways. It will affect largescale infrastructure plans – the types of projects that cost billions of dollars and take years to complete.

Shauna Brail is a professor at the University of Toronto’s urban-planning program and studies new methods of transportation – think bike-sharing programs and autonomous vehicles – in cities. She anticipates cities will adopt stricter rules around where users can leave their scooters.

“I think we’ll start to see more and more regulations around parking,” Dr. Brail said. “This is one of the biggest pieces of contention.”

Two companies dominate pilot projects in Canada: Lime and Bird. Riders use apps to find and unlock scooters, and are generally charged a flat rate to get started and then pay by the minute. Users in some cities can leave the scooters anywhere within designated boundaries; riders in other cities can park only in specific spots. Some cities allow parking on sidewalks, so long as the scooters do not obstruct the walkway.

Calgary received 62 complaints through its 311 service about abandoned or improperly parked scooters in the first nine weeks of the pilot project. Parking complaints were the second most common reason citizens turned to 311 regarding scooters, behind sidewalk conflicts.

Montreal, which launched its pilot project in August, has already taken action to thwart troublesome parking jobs. Politicians there last week announced plans to fine e-scooter and e-bike users $50 for shoddy parking and Montreal will fine the companies $100 every time a police officer or city official finds one of their respective scooters or bikes parked illegally.

Calgary approved 1,500 scooters for the pilot project launched in the middle of July. Their popularity among users outpaced the city’s expectations. As of Wednesday, riders in Calgary had made a collective 542,374 trips covering more than 1.1 million kilometres. The median trip lasts 10 minutes, according to city data.

Roughly 142,100 unique users have used the e-scooters at least once. After accounting for tourist traffic, city officials estimate this means about 10 per cent of Calgarians have gone for at least one spin. These numbers exclude privately owned e-scooters.

Calgary’s 311 data show the most common concern about escooters stems from riding on sidewalks, which is legal in the city. Concerned citizens, for example, want the scooters to slow down and want the city to crack down on riders who are inconsiderate on the sidewalks, the city said. It counts 112 submissions related to sidewalks.

The 311 data, however, also demonstrate Calgarians are adjusting to e-scooters. Since the pilot’s launch, the city service recorded 281 submissions tied to escooters. Complaints spiked around the third week of the pilot, with 68 concerns registered.

But submissions have dropped every week since, hitting and holding at 15 around weeks eight and nine.

Nathan Carswell, Calgary’s shared-mobility program co-ordinator, said the city will make changes as data flow in. Sidewalk problems, for example, may be alleviated by working with the scooter companies to lower the machines’ top speed in designated areas, such as busy downtown corridors, Mr. Carswell said.

GPS data, injury rates and the degree of conflict with pedestrians, cyclists and vehicles, will help shape city infrastructure.

The information, Mr. Carswell said, provides hints on where Calgary should expand its separated bike-lane network, whether sidewalks in some areas should be widened, or whether there are areas where it would be appropriate to allow scooters on roadways, for example.

“I think they are here for the long run,” he said.

In Edmonton, which launched its pilot project in the middle of August, Mayor Don Iveson noted pedestrians, business owners and people with mobility issues have complained about users illegally riding the scooters on the sidewalk.

“It is not going well,” he said.

The mayor has also said if issues persist, Edmonton will reassess whether e-scooters are suitable in Alberta’s capital.

Eddy Lang, the department head for emergency medicine at the University of Calgary’s Cumming School of Medicine, is analyzing statistics related to ER and urgent-care visits related to scooters and bicycle incidents.

There have been 477 visits to Calgary’s ER and urgent-care facilities owing to scooter injuries. Fractures are the most common reason, clocking in at 121 incidents, followed by head and facial injuries, at 83 visits. Visits related to bicycle injuries far outpace scooter visits, but there are far more cyclists than scooter riders in the city.

Announcement of September 25, 2019 Federal Candidates’ Forum on the, Accessible Canada Act

Originally posted at https://www.eventbrite.ca/e/accessible-canada-act-candidates-forum-tickets-71795944603

Sep 25

Accessible Canada Act: Candidates’ Forum

By Holland Bloorview Kids Rehabilitation Hospital and Reena

Wed, 25 September 2019, 7:00 PM – 9:00 PM EDT

Join us to learn more about the Accessible Canada Act and to hear directly from federal candidates on potential implementation strategies

About this Event

On June 21, 2019, the Accessible Canada Act (Bill C-81), received Royal Assent after passing unanimously through the House of Commons and the Senate of Canada.

The act fulfills the government’s mandate promise to introduce new accessibility legislation toward ensuring a barrier-free Canada, though no recommendations have been made to date.

To learn more about the act and its potential implications for Canadians, Holland Bloorview Kids Rehabilitation Hospital and Reena are hosting Accessible Canada Act: Candidates’ Forum that will serve to educate on the importance of the act, its potential outcomes and provide an opportunity to hear directly from candidates on their parties’ potential implementation strategies.

Light refreshments will be served. Kashrut observed.

If you require any special accommodations to attend the event, please send an email to [email protected] before September 20.

Announcement of the September 25, 2019 TTC Public Forum on Accessible Transit

Originally posted at http://ttc.ca/TTC_Accessibility/Public_Forum_on_Accessible_Transit/2019/index.jsp

The 2019 Public Forum on Accessible Transit is happening this September!

On Wednesday, September 25 the 2019 Public Forum on Accessible Transit is taking place at the Beanfield Centre!

Join us to learn more about Easier Access at the TTC, Family of Services and conditional trip-matching.

For further information on accommodations, booking your trip and the livestream, please head to: http://www.ttc.ca/TTC_Accessibility/Public_Forum_on_Accessible_Transit/2019/index.jsp



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What Pledges Will the Federal Party Leaders Make in This Election to Make Canada Accessible for Over 6 Million People with Disabilities?


Federal NDP Leader Jagmeet Singh Is First National Leader to Write the AODA Alliance to Pledge to Strengthen the Accessible Canada Act

ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE
NEWS RELEASE – FOR IMMEDIATE RELEASE

September 19, 2019 Toronto: In the federal election, the NDP is the first federal party to write the AODA Alliance to commit to strengthen the recently-enacted Accessible Canada Act (ACA), and to ensure that public money is never used to create barriers against over six million people with disabilities. In its July 18, 2019 letter to the major party leaders, the non-partisan AODA Alliance requested 11 specific commitments to strengthen the ACA and to ensure its swift and effective implementation and enforcement. (Summary of 11 requests set out below). On September 16, 2019, NDP leader Jagmeet Singh became the first, and to date, the only federal leader to answer this request. In the NDP’s letter, set out below, Mr. Singh makes several of the commitments the AODA Alliance sought.

“We’ve gotten commitments from NDP leader Jagmeet Singh, so now we aim to get the other federal party leaders to meet or beat those commitments,” said AODA Alliance Chair David Lepofsky. “We and other disability advocates together got the Accessible Canada Act introduced into Parliament, and then got it strengthened somewhat over the past year before it was passed in June. It has helpful ingredients, but is too weak. We are seeking commitments to ensure that this law gets strengthened, and that it is swiftly and effectively implemented and enforced.”

In Parliament, the Liberals have made promising statements about what the new law would achieve for people with disabilities. Commitments are now sought to turn those statements into assured action.

Even though Parliament unanimously passed the ACA, the federal parties were substantially divided on whether it went far enough to meet the needs of people with disabilities. The Tories, NDP and Greens argued in Parliament for the bill to be made stronger, speaking on behalf of diverse voices from the disability community. Last year, the Liberals voted down most of the proposed opposition amendments that were advanced on behalf of people with disabilities.

Last spring, the Senate called for new measures to ensure that public money is never used to create new barriers against people with disabilities. The ACA does not ensure this.

Among the disability organizations that are raising disability issues in this election, the AODA Alliance is spearheading a blitz to help the grassroots press these issues on the hustings, in social media and at all-candidates’ debates. The AODA Alliance is tweeting candidates across Canada to solicit their commitments and will make public any commitments that the other party leaders make. Follow @aodaalliance. As a non-partisan effort, the AODA Alliance does not support or oppose any party or candidate.

The AODA Alliance is also calling on the Federal Government and Elections Canada to ensure for the first time that millions of voters with disabilities can vote in this election without fearing that they may encounter accessibility barriers in the voting process.

Contact: David Lepofsky, [email protected] Twitter: @aodaalliance
For background on the AODA Alliance ‘s participation in the grassroots non-partisan campaign since 2015 for the Accessible Canada Act, visit www.aodaalliance.org/canada

September 16, 2019 Letter to the AODA Alliance from NDP Leader Jagmeet Singh

From: Jagmeet Singh
Date: September 16, 2019 at 10:54:40 AM EDT
To: “[email protected]
Subject: RE: Seeking All Parties’ election commitments on accessibility for people with disabilities

Thank you for the opportunity to contribute to your questionnaire.

Please find the NDP’s response attached.

All the best,

NDP Team

Attachment: NDP Response: Accessibility for Ontarians with Disabilities Act Alliance

1. Will you enact or amend legislation to require the Federal Government, the CTA
and the CRTC to enact regulations to set accessibility standards in all the areas that the ACA covers within four years? If not, will you commit that those regulations will be enacted under the ACA within four years?

We can do much more to make Canada an inclusive and barrier-free place. As a start, New Democrats will uphold the United Nations Convention on the Rights of Persons with Disabilities and strengthen the Accessibility Act to cover all federal agencies equally with the power to make accessibility standards in a timely manner.

The NDP made multiple attempts to include implementation of timelines. During Committee meetings of Persons Living with Disabilities, the Government was presented with overwhelming unanimity on the part of the leading experts and stakeholder groups in the country as to which parts of the bill needed amending. The amendments proposed by us aligned with the leading experts’ proposals. The Government brought no one forward to rebut this testimony. They listened but rejected almost all of the amendments brought forward by the opposition parties. A New Democrat government will work hard to enact regulations to set accessibility standards in a timely fashion.

2. Will your party commit to ensure that the ACA is effectively enforced?

Yes, it’s critical to ensure that the ACA is effectively enforced. Once again, the NDP made multiple attempts to ensure the ACA is effectively enforced. During Committee, the Government was presented with overwhelming unanimity on the part of the leading experts and stakeholder groups in the country as to which parts of the bill needed amending. The amendments proposed by us were taken from their proposals. The Government brought no one forward to rebut
this testimony. They listened but rejected almost all of the amendments brought forward by the opposition parties.

3. Will your party ensure by legislation, and if not, then by public policy, that no one will use public money distributed by the Government of Canada in a manner that creates or perpetuates barriers, including e.g., payments by the Government of Canada to any person or entity to purchase or rent any goods, services or facilities, or to contribute to the construction, expansion or renovation of any infrastructure or other capital project, or to provide a business development loan or grant to any person or entity?

The Liberal government missed a sizable opportunity in C-81. Federal money should never used by any recipient to create or perpetuate disability barriers. We proposed such an amendment during committee hearing.

Our ultimate goal is to help foster a society in which all of our citizens are able to participate fully and equally. We believe that this cannot happen
until all of our institutions are open and completely accessible to everyone. The NDP would require that federal public money would never be used to create or perpetuate disability barriers, including federal money received for procurement; infrastructure; transfer payments; research grants; business development loans or grants, or for any other kind of payment, including purpose under a contract.

4. Will your party amend the ACA to provide that if a provision of the ACA or of a regulation enacted under it conflicts with a provision of any other Act or regulation, the provision that provides the highest level of accessibility shall prevail, and that nothing in the ACA or in any regulations enacted under it or in any actions taken under it shall reduce any rights which people with disabilities otherwise enjoy under law?

Yes, if a provision of the Act or of a regulation enacted under it conflicts with a provision of any
other Act or regulation, the provision that provides the highest level of accessibility for persons with disabilities with respect to goods, services, facilities, employment, accommodation, buildings, structures or premises shall prevail.

5. Will your party repeal the offending portion of section 172(3) of the ACA that
reads “but if it does so, it may only require the taking of appropriate corrective measures.”” And replace them with words such as: “and grant a remedy in accordance with subsection 2.”?

We will review section 172(3) of the ACA a take the appropriate corrective measures to make
sure airlines and railways pay monetary compensation in situations where they should have to pay up.

6. Will your party assign all responsibility for the ACA’s enforcement to the Accessibility Commissioner and all responsibility for enacting regulations under the ACA to the Federal Cabinet? If not, then at a minimum, would your party require by legislation or policy that the CRTC, CTA and the Federal Public Sector Labour Relations and Employment Board must, within six months, establish policies, practices and procedures for expeditiously receiving, investigating, considering and deciding upon complaints under this Act which are the same as or
as reasonably close as possible to, those set out for the Accessibility Commissioner?

Yes. The Liberal government`s Bill C-81 wrongly gave several public agencies or officials far too much sweeping power to grant partial or blanket exemptions
to specific organizations from important parts of this bill. C-81 separated enforcement and implementation in a confusing way over four different public agencies. Rather it should be providing people with disabilities with what they need: the single service location or, one-stop shop..
We will assign all responsibility for the ACA’s enforcement to the Accessibility Commissioner and all responsibility for enacting regulations under the ACA to the Federal Cabinet.

7. Will your Party review all federal laws to identify any which require or permit any barriers against people with disabilities, and will your party amend Section 2 of the ACA (definition of “barrier”) to add the words “a law”, so that it will read: “barrier means anything including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a law, a policy or a practice that hinders the full and equal participation in society of persons with an impairment, including a physical, mental,
intellectual, cognitive, learning, communication or sensory
impairment or a functional limitation.”

The NDP has long been committed to the rights of persons with disabilities. It has been our longstanding position that all of governmentevery budget,
every policy and regulationshould be viewed through a disability lens. The NDP has supported the establishment of a Canadians with Disabilities Act for many years.

8. Will your party pass legislation or regulations and adopt policies needed to ensure that federal elections become barrier-free for voters and candidates with disabilities.

New Democrats have always fought to remove the barriers keeping persons with disabilities from living with dignity and independence, because when barriers are removed all Canadians are empowered to participate fully in society and we all benefit.

We brought forward amendments to C-81 that require the Accessibility Commissioner to appoint, within 12 months of the bill being enacted, an independent person (with no current or prior involvement in administering elections) to conduct an Independent Review of disability barriers in the election process, with a requirement to consult the public, including persons with disabilities, and to report within 12 months to the Federal Government. Their report should immediately be made public. Additionally, we would require the Federal Government to designate a minister with responsibility to bring forward a bill to reform elections legislation within 12 months of the completion of that Independent Review.

9. Will your Party eliminate or reduce the power to exempt organizations from some of the requirements that the ACA imposes? Such as eliminating the power to exempt the Government of Canada, or a federal department or agency? If not, will your party commit not to grant any exemptions from the ACA?

Nine years ago, Canada ratified the United Nations Convention on the Rights of Persons with
Disabilities (CRPD). Though the Liberal government has tabled a new Accessibility Act, its’ exemptions mean C-81 falls short of meeting Canada’s goal of creating an inclusive and barrier-free country. An NDP government will reduce the power to exempt organizations from some of the requirements that the ACA imposes.

10. Will your party develop and implement a plan to ensure that all federally-operated courts (e.g. the Supreme Court of Canada and Federal Courts), and federally operated regulatory tribunals (like the CRTC and CTA) become accessible.

The amendment we brought forward during the C-81 proceedings would have required the
Minister of Justice, on behalf of the Federal Government, to develop and implement a multi-
year plan to ensure that all federally controlled courts (e.g. the Supreme Court of Canada and
Federal Courts) as well as federally-created administrative tribunals become fully accessible to
court participants with disabilities, by the bill’s accessibility deadline. This should adopt and
build upon the work of the Ontario Courts Accessibility Committee, which oversees efforts on accessibility for provincially-regulated courts in Ontario.

11. Would your party pass the amendments to the ACA which the opposition proposed in the fall of 2018 in the House of Commons, which the Government had defeated, and which would strengthen the ACA?

Absolutely! The Liberals hailed this bill as a historical piece of legislation. But without substantial amendments, it is yet another in a long line of
Liberal half-measures. New Democrats are committed to ensuring that C-81 actually lives up to Liberal Party rhetoric.
Summary of the Election Pledges that the AODA Alliance Sought In Its July 18, 2019 Letter to the Federal Party Leaders

The specific pledges we seek include:

1. Enforceable accessibility standard regulations should be enacted within four years.

2. The ACA should be effectively enforced.

3. Federal public money should never be used to create or perpetuate barriers.

4. The ACA should never reduce the rights of people with disabilities.

5. Section 172(3) of the ACA should be amended to remove its unfair and discriminatory ban on the Canadian Transportation Agency ever awarding monetary compensation to passengers with disabilities who are the victims of an undue barrier in federally-regulated transportation (like air travel), where a CTA regulation wrongly set the accessibility requirements too low.
6. The ACA’s implementation and enforcement should be consolidated in One federal agency, not splintered among several of them.

7. No federal laws should ever create or permit disability barriers.

8. Federal elections should be made accessible to voters with disabilities.

9. Power to exempt organizations from some ACA requirements should be eliminated or reduced.

10. Federally-controlled courts and tribunals should be made disability-accessible.

11. Proposed Opposition amendments to the ACA that were defeated in the House of Commons in 2018 and that would strengthen the ACA should be passed.




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What Pledges Will the Federal Party Leaders Make in This Election to Make Canada Accessible for Over 6 Million People with Disabilities? Federal NDP Leader Jagmeet Singh Is First National Leader to Write the AODA Alliance to Pledge to Strengthen the Accessible Canada Act


ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

What Pledges Will the Federal Party Leaders Make in This Election to Make Canada Accessible for Over 6 Million People with Disabilities? Federal NDP Leader Jagmeet Singh Is First National Leader to Write the AODA Alliance to Pledge to Strengthen the Accessible Canada Act

September 19, 2019 Toronto: In the federal election, the NDP is the first federal party to write the AODA Alliance to commit to strengthen the recently-enacted Accessible Canada Act (ACA), and to ensure that public money is never used to create barriers against over six million people with disabilities. In its July 18, 2019 letter to the major party leaders, the non-partisan AODA Alliance requested 11 specific commitments to strengthen the ACA and to ensure its swift and effective implementation and enforcement. (Summary of 11 requests set out below). On September 16, 2019, NDP leader Jagmeet Singh became the first, and to date, the only federal leader to answer this request. In the NDP’s letter, set out below, Mr. Singh makes several of the commitments the AODA Alliance sought.

“We’ve gotten commitments from NDP leader Jagmeet Singh, so now we aim to get the other federal party leaders to meet or beat those commitments,” said AODA Alliance Chair David Lepofsky. “We and other disability advocates together got the Accessible Canada Act introduced into Parliament, and then got it strengthened somewhat over the past year before it was passed in June. It has helpful ingredients, but is too weak. We are seeking commitments to ensure that this law gets strengthened, and that it is swiftly and effectively implemented and enforced.”

In Parliament, the Liberals have made promising statements about what the new law would achieve for people with disabilities. Commitments are now sought to turn those statements into assured action.

Even though Parliament unanimously passed the ACA, the federal parties were substantially divided on whether it went far enough to meet the needs of people with disabilities. The Tories, NDP and Greens argued in Parliament for the bill to be made stronger, speaking on behalf of diverse voices from the disability community. Last year, the Liberals voted down most of the proposed opposition amendments that were advanced on behalf of people with disabilities.

Last spring, the Senate called for new measures to ensure that public money is never used to create new barriers against people with disabilities. The ACA does not ensure this.

Among the disability organizations that are raising disability issues in this election, the AODA Alliance is spearheading a blitz to help the grassroots press these issues on the hustings, in social media and at all-candidates’ debates. The AODA Alliance is tweeting candidates across Canada to solicit their commitments and will make public any commitments that the other party leaders make. Follow @aodaalliance. As a non-partisan effort, the AODA Alliance does not support or oppose any party or candidate.

The AODA Alliance is also calling on the Federal Government and Elections Canada to ensure for the first time that millions of voters with disabilities can vote in this election without fearing that they may encounter accessibility barriers in the voting process.

Contact: David Lepofsky, [email protected] Twitter: @aodaalliance

For background on the AODA Alliance ‘s participation in the grassroots non-partisan campaign since 2015 for the Accessible Canada Act, visit www.aodaalliance.org/canada

September 16, 2019 Letter to the AODA Alliance from NDP Leader Jagmeet Singh

From: Jagmeet Singh <[email protected]>
Date: September 16, 2019 at 10:54:40 AM EDT
To:[email protected]” <[email protected]>
Subject: RE: Seeking All Parties’ election commitments on accessibility for people with disabilities

Thank you for the opportunity to contribute to your questionnaire.

Please find the NDP’s response attached.

All the best,

NDP Team

Attachment: NDP Response:  Accessibility for Ontarians with Disabilities Act Alliance

  1. Will you enact or amend legislation to require the Federal Government, the CTA

and the CRTC to enact regulations to set accessibility standards in all the areas that

the ACA covers within four years? If not, will you commit that those regulations

will be enacted under the ACA within four years?

We can do much more to make Canada an inclusive and barrier-free place. As a start, New Democrats will uphold the United Nations Convention on the Rights of Persons with Disabilities and strengthen the Accessibility Act to cover all federal agencies equally with the power to make accessibility standards in a timely manner.

The NDP made multiple attempts to include implementation of timelines. During Committee meetings of Persons Living with Disabilities, the Government was presented with overwhelming unanimity on the part of the leading experts and stakeholder groups in the country as to which parts of the bill needed amending. The amendments proposed by us aligned with the leading experts’ proposals. The Government brought no one forward to rebut this testimony. They listened but rejected almost all of the amendments brought forward by the opposition parties. A New Democrat government will work hard to enact regulations to set accessibility standards in a timely fashion.

  1. Will your party commit to ensure that the ACA is effectively enforced?

 

Yes, it’s critical to ensure that the ACA is effectively enforced. Once again, the NDP made multiple attempts to ensure the ACA is effectively enforced. During Committee, the Government was presented with overwhelming unanimity on the part of the leading experts and stakeholder groups in the country as to which parts of the bill needed amending. The amendments proposed by us were taken from their proposals. The Government brought no one forward to rebut

this testimony. They listened but rejected almost all of the amendments brought forward by the opposition parties.

  1. Will your party ensure by legislation, and if not, then by public policy, that no one will use public money distributed by the Government of Canada in a manner that creates or perpetuates barriers, including e.g., payments by the Government of Canada to any person or entity to purchase or rent any goods, services or facilities, or to contribute to the construction, expansion or renovation of any infrastructure or other capital project, or to provide a business development loan or grant to any person or entity?

The Liberal government missed a sizable opportunity in C-81. Federal money should never used by any recipient to create or perpetuate disability barriers. We proposed such an amendment during committee hearing.

Our ultimate goal is to help foster a society in which all of our citizens are able to participate fully and equally. We believe that this cannot happen

until all of our institutions are open and completely accessible to everyone. The NDP would require that federal public money would never be used to create or perpetuate disability barriers, including federal money received for procurement; infrastructure; transfer payments; research grants; business development loans or grants, or for any other kind of payment, including purpose under a contract.

  1. Will your party amend the ACA to provide that if a provision of the ACA or of a regulation enacted under it conflicts with a provision of any other Act or regulation, the provision that provides the highest level of accessibility shall prevail, and that nothing in the ACA or in any regulations enacted under it or in any actions taken under it shall reduce any rights which people with disabilities otherwise enjoy under law?

Yes, if a provision of the Act or of a regulation enacted under it conflicts with a provision of any

other Act or regulation, the provision that provides the highest level of accessibility for persons  with disabilities with respect to goods, services, facilities, employment, accommodation,  buildings, structures or premises shall prevail.

  1. Will your party repeal the offending portion of section 172(3) of the ACA that

reads “but if it does so, it may only require the taking of appropriate corrective

measures.”” And replace them with words such as: “and grant a remedy in

accordance with subsection 2.”?

 

We will review section 172(3) of the ACA a take the appropriate corrective measures to make

sure airlines and railways pay monetary compensation in situations where they should have to

pay up.

  1. Will your party assign all responsibility for the ACA’s enforcement to the Accessibility Commissioner and all responsibility for enacting regulations under the ACA to the Federal Cabinet? If not, then at a minimum, would your party require by legislation or policy that the CRTC, CTA and the Federal Public Sector Labour Relations and Employment Board must, within six months, establish  policies, practices and procedures for expeditiously receiving, investigating,  considering and deciding upon complaints under this Act which are the same as or

as reasonably close as possible to, those set out for the Accessibility  Commissioner?

Yes. The Liberal government`s Bill C-81 wrongly gave several public agencies or officials far too much sweeping power to grant partial or blanket exemptions

to specific organizations from important parts of this bill. C-81 separated enforcement and implementation in a confusing way over four different public agencies. Rather it should be providing people with disabilities with what they need: the single service location or, one-stop shop..

We will assign all responsibility for the ACA’s enforcement to the Accessibility Commissioner and all responsibility for enacting regulations under the

ACA to the Federal Cabinet.

  1. Will your Party review all federal laws to identify any which require or permit any barriers against people with disabilities, and will your party amend Section 2 of the ACA (definition of “barrier”) to add the words “a law”, so that it will read:

“barrier means anything — including anything physical, architectural,

technological or attitudinal, anything that is based on information or

communications or anything that is the result of a law, a policy or a

practice — that hinders the full and equal participation in society of

persons with an impairment, including a physical, mental,

intellectual, cognitive, learning, communication or sensory

impairment or a functional limitation.”

The NDP has long been committed to the rights of persons with disabilities. It has been our longstanding position that all of government—every budget,

every policy and regulation—should be viewed through a disability lens. The NDP has supported the establishment of a Canadians with Disabilities Act for many years.

  1. Will your party pass legislation or regulations and adopt policies needed to ensure that federal elections become barrier-free for voters and candidates with disabilities.

New Democrats have always fought to remove the barriers keeping persons with disabilities from living with dignity and independence, because when barriers are removed all Canadians are empowered to participate fully in society and we all benefit.

We brought forward amendments to C-81 that require the Accessibility Commissioner to appoint, within 12 months of the bill being enacted, an independent person (with no current or prior involvement in administering elections) to conduct an Independent Review of disability barriers in the election process, with a requirement to consult the public, including persons with disabilities, and to report within 12 months to the Federal Government. Their report should immediately be made public. Additionally, we would require the Federal Government to designate a minister with responsibility to bring forward a bill to reform elections legislation within 12 months of the completion of that Independent Review.

  1. Will your Party eliminate or reduce the power to exempt organizations from some of the requirements that the ACA imposes? Such as eliminating the power to exempt the Government of Canada, or a federal department or agency? If not, will your party commit not to grant any exemptions from the ACA?

 

Nine years ago, Canada ratified the United Nations Convention on the Rights of Persons with

Disabilities (CRPD). Though the Liberal government has tabled a new Accessibility Act, its’ exemptions mean C-81 falls short of meeting Canada’s goal of creating an inclusive and barrier-free country. An NDP government will reduce the power to exempt organizations from some of the requirements that the ACA imposes.

 

  1. Will your party develop and implement a plan to ensure that all federally-operated courts (e.g. the Supreme Court of Canada and Federal Courts), and federally operated regulatory tribunals (like the CRTC and CTA) become accessible.

The amendment we brought forward during the C-81 proceedings would have required the

Minister of Justice, on behalf of the Federal Government, to develop and implement a multi-

year plan to ensure that all federally controlled courts (e.g. the Supreme Court of Canada and

Federal Courts) as well as federally-created administrative tribunals become fully accessible to

court participants with disabilities, by the bill’s accessibility deadline. This should adopt and

build upon the work of the Ontario Courts Accessibility Committee, which oversees efforts on

accessibility for provincially-regulated courts in Ontario.

  1. Would your party pass the amendments to the ACA which the opposition proposed in the fall of 2018 in the House of Commons, which the Government had defeated, and which would strengthen the ACA?

 

Absolutely! The Liberals hailed this bill as a historical piece of legislation. But without substantial amendments, it is yet another in a long line of

Liberal half-measures. New Democrats are committed to ensuring that C-81 actually lives up to Liberal Party rhetoric.

Summary of the Election Pledges that the AODA Alliance Sought In Its July 18, 2019 Letter to the Federal Party Leaders

The specific pledges we seek include:

  1. Enforceable accessibility standard regulations should be enacted within four years.
  1. The ACA should be effectively enforced.
  1. Federal public money should never be used to create or perpetuate barriers.
  1. The ACA should never reduce the rights of people with disabilities.
  1. Section 172(3) of the ACA should be amended to remove its unfair and discriminatory ban on the Canadian Transportation Agency ever awarding monetary compensation to passengers with disabilities who are the victims of an undue barrier in federally-regulated transportation (like air travel), where a CTA regulation wrongly set the accessibility requirements too low.
  2. The ACA’s implementation and enforcement should be consolidated in One federal agency, not splintered among several of them.
  1. No federal laws should ever create or permit disability barriers.
  1. Federal elections should be made accessible to voters with disabilities.
  1. Power to exempt organizations from some ACA requirements should be eliminated or reduced.
  1. Federally-controlled courts and tribunals should be made disability-accessible.
  1. Proposed Opposition amendments to the ACA that were defeated in the House of Commons in 2018 and that would strengthen the ACA should be passed.



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AODA Alliance Writes Federal Party Leaders Seeking Election Commitments on Advancing the Cause of Accessibility for Over 6 Million People with Disabilities in Canada


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

July 18, 2019

SUMMARY

A hotly-contested federal election will take place this October. The candidates are already fanning out across Canada, campaigning for our votes.

Once again, the AODA Alliance is jumping into the fray. On July 18, 2019, we wrote the leaders of the major federal parties. We asked them for election pledges concerning accessibility for over 6 million people with disabilities in Canada. We set that letter out below.

Our letter offers this short summary of what we seek:

“In summary we ask your Party to make 11 commitments to ensure that the implementation and enforcement of the Accessible Canada Act (ACA) is swift, strong and effective, including, e.g. making needed accessibility standard regulations within four years, effectively enforcing the law, establishing a single unified process for complaints under the ACA, ensuring that nothing is done under the ACA that cuts back on the rights of people with disabilities, and ensuring that public money is not used to create or perpetuate barriers against people with disabilities.”

The specific pledges we seek include:

1. Enforceable accessibility standard regulations should be enacted within four years.

2. The ACA should be effectively enforced.

3. Federal public money should never be used to create or perpetuate barriers.

4. The ACA should never reduce the rights of people with disabilities.

5. Section 172(3) of the ACA should be amended to remove its unfair and discriminatory ban on the Canadian Transportation Agency ever awarding monetary compensation to passengers with disabilities who are the victims of an undue barrier in federally-regulated transportation (like air travel), where a CTA regulation wrongly set the accessibility requirements too low.
6. The ACA’s implementation and enforcement should be consolidated in One federal agency, not splintered among several of them.

7. No federal laws should ever create or permit disability barriers.

8. Federal elections should be made accessible to voters with disabilities.

9. Power to exempt organizations from some ACA requirements should be eliminated or reduced.

10. Federally-controlled courts and tribunals should be made disability-accessible.

11. Proposed Opposition amendments to the ACA that were defeated in the House of Commons in 2018 and that would strengthen the ACA should be passed.

We will let you know what responses we receive. We will be active over the next three months on social media and elsewhere, in an effort to raise these issues leading up to the federal election. In future AODA Alliance Updates, we will offer you action tips on how you can help.

As we say time and again, but must repeat here: We don’t support or oppose any candidate. We try to get the strongest commitments on accessibility from as many candidates and parties as we can.

To learn about our efforts over the past four years to get a strong and effective Accessible Canada Act enacted by Canada’s Parliament, visit www.aodaalliance.org/canada

MORE DETAILS

Text of the July 18, 2019 Letter to the Leaders of the Major Federal Political Parties

ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE
1929 Bayview Avenue,
Toronto, Ontario M4G 3E8
Email [email protected] Twitter: @aodaalliance www.aodaalliance.org United for a Barrier-Free Society for All People with Disabilities

July 18, 2019

To:
The Right Honourable Justin Trudeau
Via email: [email protected]
Office of the Prime Minister of Canada
80 Wellington Street
Ottawa, ON K1A 0A2
Twitter: @JustinTrudeau

The Hon. Andrew Scheer, Leader of the Loyal Opposition and the Conservative Party Leader of the Conservative Party; MP, Regina-QuAppelle
Via email: [email protected]
Leader of the Conservative Party
House of Commons
Ottawa, ON K1A 0A6
Twitter: @AndrewScheer

The Hon. Jagmeet Singh Leader of the NDP
Via email: [email protected]
300 279 Laurier West
Ottawa, Ontario K1P 5J9
Twitter: @theJagmeetSingh

The Hon. Elizabeth May Leader of the Green Party; MP, Saanich-Gulf Islands Via email: [email protected]
House of Commons
Ottawa, Ontario K1A 0A6
Twitter: @ElizabethMay

The Hon. Rhéal Fortin Interim Leader of the Bloc Québécois
Via email: [email protected]
3730 boul. Crémazie Est, 4e étage
Montréal, Québec H2A 1B4
Twitter: @RhealFortin

The Hon. Maxime Bernier, Leader of the People’s Party of Canada Via email: [email protected]
House of Commons
Ottawa, ON K1A 0A6 Canada
Twitter: @MaximeBernier

Dear Federal Party Leaders,

Re: Seeking Your Commitments to Ensure the Effective Implementation of the Accessible Canada Act (ACA)

With a federal election approaching, we seek 11 commitments from each federal political party on Canada’s new national accessibility legislation, the Accessible Canada Act (Bill C-81). It is good that Parliament recently passed Bill C-81, the Accessible Canada Act . That is only the first step on the road to making Canada accessible to people with disabilities in Canada.

In this letter, we explain what we seek, who we are, and why over six million people with disabilities in Canada need these strong election commitments. Founded in 2005, the AODA Alliance is a non-partisan community coalition that advocates for accessibility for people with disabilities in Ontario and at the federal level. We were one of the disability organizations that appeared before the House of Commons and Senate to call for amendments to strengthen Bill C-81. During debates in Parliament over this bill, MPs and Senators relied on our submissions.

In summary we ask your Party to make 11 commitments to ensure that the implementation and enforcement of the Accessible Canada Act (ACA) is swift, strong and effective, including, e.g. making needed accessibility standard regulations within four years, effectively enforcing the law, establishing a single unified process for complaints under the ACA, ensuring that nothing is done under the ACA that cuts back on the rights of people with disabilities, and ensuring that public money is not used to create or perpetuate barriers against people with disabilities.

1. Enforceable Accessibility Standard Regulations Should Be Enacted Within Four Years

The ACA’s centerpiece is the enactment and enforcement of accessibility standard regulations. These regulations will specify what an organization must do and by when, to become accessible. The ACA lets the Federal Cabinet, the Canadian Radio, Television and Telecommunication Commission (CRTC) and the Canadian Transportation Agency (CTA) enact these regulations. However, it does not require them ever to be enacted. If they are not enacted, the ACA will fail.

1. Will you enact or amend legislation to require the Federal Government, the CTA and the CRTC to enact regulations to set accessibility standards in all the areas that the ACA covers within four years? If not, will you commit that those regulations will be enacted under the ACA within four years?

2. The ACA Should Be Effectively Enforced

We have learned from extensive experience with provincial accessibility legislation that the ACA will be ineffective unless it is effectively enforced.

2. Will your party commit to ensure that the ACA is effectively enforced?

3. Federal Public Money Should Never Be used to Create or Perpetuate Barriers

The ACA does not require the Federal Government to ensure that federal money is never used by any recipient of those funds, to create or perpetuate disability barriers. For example, the ACA doesn’t require the Federal Government to attach accessibility strings when it gives money to a municipality, college, university, local transit authority or other organization to build new infrastructure. Those recipients of federal money are left free to design and build new infrastructure without ensuring that it is fully accessible to people with disabilities. Also, the bill doesn’t require the Federal Government to attach any federal accessibility strings when it gives business development loans or grants to private businesses.

It is helpful that the ACA lets the Federal Government impose accessibility requirements when it buys goods or services. However it doesn’t require the Federal Government to ever do so.

This allows for a wasteful and harmful use of public money. The Senate’s Standing Committee on Social Affairs that held hearings on Bill C-81 made this important observation in its May 7, 2019 report to the Senate:

“Your committee heard concerns that despite this legislation, federal funding may continue to be spent on projects that do not always meet accessibility standards. Therefore, we encourage the federal government to ensure that when public money is spent or transferred, the funding should never be used to create or perpetuate disability-related barriers when it is reasonable to expect that such barriers can be avoided.”

3. Will your party ensure by legislation, and if not, then by public policy, that no one will use public money distributed by the Government of Canada in a manner that creates or perpetuates barriers, including e.g. , payments by the Government of Canada to any person or entity to purchase or rent any goods, services or facilities, or to contribute to the construction, expansion or renovation of any infrastructure or other capital project, or to provide a business development loan or grant to any person or entity?

4. The ACA Should Never Reduce the Rights of People with Disabilities

The ACA includes only limited and insufficient protection to ensure that nothing under the ACA reduces the rights of people with disabilities. The ACA provides:

“121.1 For greater certainty, nothing in any provision of this Act or the regulations limits a regulated entity’s duty to accommodate under any other Act of Parliament.”

4. Will your party amend the ACA to provide that if a provision of the ACA or of a regulation enacted under it conflicts with a provision of any other Act or regulation, the provision that provides the highest level of accessibility shall prevail, and that nothing in the ACA or in any regulations enacted under it or in any actions taken under it shall reduce any rights which people with disabilities otherwise enjoy under law?

A discriminatory provision was included in the Accessible Canada Act. It is helpful that it was softened in the Senate, after extensive advocacy efforts by people with disabilities. However, it should be repealed altogether.

Making this worse, section 172(3) of the ACA unfairly takes away important rights from people with disabilities in a discriminatory way. It bars the CTA from awarding justly-deserved money compensation to a passenger with a disability, even if the Agency finds that an airline or other federally-regulated transportation-provider has imposed an undue barrier against them, so long as a federal transportation accessibility regulation wrongly says that the airline did not have to provide the passenger with that accommodation. Section 172 of the ACA provides:

“Inquiry??barriers to mobility
172 (1) The Agency may, on application, inquire into a matter in relation to which a regulation could be made under subsection 170(1), regardless of whether such a regulation has been made, in order to determine whether there is an undue barrier to the mobility of persons with disabilities. Remedies
(2) On determining that there is an undue barrier to the mobility of persons with disabilities, the Agency may do one or more of the following: (a)?require the taking of appropriate corrective measures;
(b)?direct that compensation be paid for any expense incurred by a person with a disability arising out of the barrier, including for any costs of obtaining alternative goods, services or accommodation;
(c)?direct that compensation be paid for any wages that a person with a disability was deprived of as a result of the barrier;
(d)?direct that compensation be paid up to a maximum amount of??subject to the annual adjustments made under section 172.2??$20,000, for any pain and suffering experienced by a person with a disability arising out of the barrier;
(e)?direct that compensation be paid up to a maximum amount of??subject to the annual adjustments made under section 172.2??$20,000, if the Agency determines that the barrier is the result of a wilful or reckless practice. Compliance with regulations
(3) If the Agency is satisfied that regulations made under subsection 170(1) that are applicable in relation to a matter have been complied with or have not been contravened, the Agency may determine that there is an undue barrier in relation to that matter but if it does so, it may only require the taking of appropriate corrective measures.”

This unfairly protects huge, well-funded airlines and railways from having to pay monetary compensation in situations where they should have to pay up.

5. Will your party repeal the offending portion of section 172(3) of the ACA that reads “but if it does so, it may only require the taking of appropriate corrective measures.”” And replace them with words such as: “and grant a remedy in accordance with subsection 2.” ?

5. The ACA’s Implementation and Enforcement Should be Consolidated in One Federal Agency, Not Splintered Among Several of Them

The 105-page ACA is far too complicated and confusing. It will be hard for people with disabilities to navigate it. This is because the bill splinters the power to make accessibility standard regulations and the power to enforce the bill among a number of federal agencies, such as the new federal Accessibility Commissioner, the CTA, and the CRTC.

This makes the ACA’s implementation and enforcement less effective, more confusing, more complicated and more costly. It will make it take longer to get accessibility regulations enacted. It risks weak, contradictory or unnecessarily complex regulations.

This splintering makes it much harder for people with disabilities to navigate the system, to find out what rights they have, and to get violations fixed. People with disabilities are burdened to learn to navigate as many as three or four different sets of accessibility rules, enforcement agencies, procedures, forms and time lines for presenting an accessibility complaint.

This splintering only helps existing federal bureaucracies that want more power, and any large obligated organizations that want to dodge taking action on accessibility. Those organizations will relish exploiting the bill’s confusing complexity to delay and impede its implementation.

It is wrong for the ACA to give almost exclusive powers over accessibility to federally-regulated transportation organizations (like airlines) to the CTA, and almost exclusive powers over broadcasters and telecommunication companies (like Bell Canada and Rogers Communications) to the CRTC. The CTA and CRTC have had powers in this area for years. Their record on accessibility is not good.

6. Will your party assign all responsibility for the ACA’s enforcement to the Accessibility Commissioner and all responsibility for enacting regulations under the ACA to the Federal Cabinet? If not, then at a minimum, would your party require by legislation or policy that the CRTC, CTA and the Federal Public Sector Labour Relations and Employment Board must, within six months, establish policies, practices and procedures for expeditiously receiving, investigating, considering and deciding upon complaints under this Act which are the same as or as reasonably close as possible to, those set out for the Accessibility Commissioner?

6. No Federal Laws Should Ever Create or Permit Disability Barriers

It is important to ensure that no federal laws impose or permit the creation of barriers against people with disabilities.

7. Will your Party review all federal laws to identify any which require or permit any barriers against people with disabilities, and will your party amend Section 2 of the ACA (definition of “barrier”) to add the words “a law”, so that it will read:

“barrier means anything??including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a law, a policy or a practice??that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation.”

7. Federal Elections Should Be Made Accessible to Voters with Disabilities

Voters with disabilities continue to face disability barriers in federal elections, including, for example, barriers that can impede them from voting independently and in private, and verifying their choice. Recent amendments to federal election legislation do not ensure this.

8. Will your party pass legislation or regulations and adopt policies needed to ensure that federal elections become barrier-free for voters and candidates with disabilities.

8. Power to Exempt Organizations from Some ACA Requirements Should be Eliminated or Reduced

The ACA has too many loopholes. For example, it lets the Federal Government exempt itself from some of its duties under the ACA. The Government should not ever be able to exempt itself.

9. Will your Party eliminate or reduce the power to exempt organizations from some of the requirements that the ACA imposes? Such as eliminating the power to exempt the Government of Canada, or a federal department or agency? If not, will your party commit not to grant any exemptions from the ACA?

9. Federally-Controlled Courts and Tribunals Should be Made Disability-Accessible

People with disabilities continue to face barriers when they try to take part in proceedings in courts for which the Federal Government is responsible.

10. Will your party develop and implement a plan to ensure that all federally-operated courts (e.g. the Supreme Court of Canada and Federal Courts), and federally operated regulatory tribunals (like the CRTC and CTA) become accessible.

10. Other Measures Needed to Strengthen the ACA

In 2018, federal opposition parties proposed a number of amendments to strengthen Bill C-81 in the House of Commons. The Government defeated most if not all of them.

11. Would your party pass the amendments to the ACA which the opposition proposed in the fall of 2018 in the House of Commons, which the Government had defeated, and which would strengthen the ACA?

We would appreciate a response by email in MS Word format. We will make responses public. We would be pleased to answer any questions you have.

Sincerely,

David Lepofsky CM, O. Ont
Chair Accessibility for Ontarians with Disabilities Act Alliance



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AODA Alliance Writes Federal Party Leaders Seeking Election Commitments on Advancing the Cause of Accessibility for Over 6 Million People 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

AODA Alliance Writes Federal Party Leaders Seeking Election Commitments on Advancing the Cause of Accessibility for Over 6 Million People with Disabilities in Canada

July 18, 2019

          SUMMARY

A hotly-contested federal election will take place this October. The candidates are already fanning out across Canada, campaigning for our votes.

Once again, the AODA Alliance is jumping into the fray. On July 18, 2019, we wrote the leaders of the major federal parties. We asked them for election pledges concerning accessibility for over 6 million people with disabilities in Canada. We set that letter out below.

Our letter offers this short summary of what we seek:

“In summary we ask your Party to make 11 commitments to ensure that the implementation and enforcement of the Accessible Canada Act (ACA) is swift, strong and effective, including, e.g. making needed accessibility standard regulations within four years, effectively enforcing the law, establishing a single unified process for complaints under the ACA, ensuring that nothing is done under the ACA that cuts back on the rights of people with disabilities, and ensuring that public money is not used to create or perpetuate barriers against people with disabilities.”

The specific pledges we seek include:

  1. Enforceable accessibility standard regulations should be enacted within four years.
  1. The ACA should be effectively enforced.
  1. Federal public money should never be used to create or perpetuate barriers.
  1. The ACA should never reduce the rights of people with disabilities.
  1. Section 172(3) of the ACA should be amended to remove its unfair and discriminatory ban on the Canadian Transportation Agency ever awarding monetary compensation to passengers with disabilities who are the victims of an undue barrier in federally-regulated transportation (like air travel), where a CTA regulation wrongly set the accessibility requirements too low.
  2. The ACA’s implementation and enforcement should be consolidated in One federal agency, not splintered among several of them.
  1. No federal laws should ever create or permit disability barriers.
  1. Federal elections should be made accessible to voters with disabilities.
  1. Power to exempt organizations from some ACA requirements should be eliminated or reduced.
  1. Federally-controlled courts and tribunals should be made disability-accessible.
  1. Proposed Opposition amendments to the ACA that were defeated in the House of Commons in 2018 and that would strengthen the ACA should be passed.

We will let you know what responses we receive. We will be active over the next three months on social media and elsewhere, in an effort to raise these issues leading up to the federal election. In future AODA Alliance Updates, we will offer you action tips on how you can help.

As we say time and again, but must repeat here: We don’t support or oppose any candidate. We try to get the strongest commitments on accessibility from as many candidates and parties as we can.

To learn about our efforts over the past four years to get a strong and effective Accessible Canada Act enacted by Canada’s Parliament, visit www.aodaalliance.org/canada

          MORE DETAILS

Text of the July 18, 2019 Letter to the Leaders of the Major Federal Political Parties

ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

1929 Bayview Avenue,

Toronto, Ontario M4G 3E8

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

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

July 18, 2019

To:

The Right Honourable Justin Trudeau

Via email: [email protected]

Office of the Prime Minister of Canada

80 Wellington Street

Ottawa, ON K1A 0A2

Twitter: @JustinTrudeau

The Hon. Andrew Scheer, Leader of the Loyal Opposition and the Conservative Party

Leader of the Conservative Party; MP, Regina-Qu’Appelle

Via email: [email protected]

Leader of the Conservative Party

House of Commons

Ottawa, ON K1A 0A6

Twitter: @AndrewScheer

The Hon. Jagmeet Singh Leader of the NDP

Via email: [email protected]

300 – 279 Laurier West

Ottawa, Ontario K1P 5J9

Twitter: @theJagmeetSingh

The Hon. Elizabeth May Leader of the Green Party; MP, Saanich-Gulf Islands

Via email: [email protected]

House of Commons

Ottawa, Ontario K1A 0A6

Twitter: @ElizabethMay

The Hon. Rhéal Fortin Interim Leader of the Bloc Québécois

Via email: [email protected]

3730 boul. Crémazie Est, 4e étage

Montréal, Québec H2A 1B4

Twitter: @RhealFortin

The Hon. Maxime Bernier, Leader of the People’s Party of Canada

Via email: [email protected]

House of Commons

Ottawa, ON K1A 0A6 Canada

Twitter: @MaximeBernier

Dear Federal Party Leaders,

Re: Seeking Your Commitments to Ensure the Effective Implementation of the Accessible Canada Act (ACA)

With a federal election approaching, we seek 11 commitments from each federal political party on Canada’s new national accessibility legislation, the Accessible Canada Act (Bill C-81). It is good that Parliament recently passed Bill C-81, the Accessible Canada Act . That is only the first step on the road to making Canada accessible to people with disabilities in Canada.

In this letter, we explain what we seek, who we are, and why over six million people with disabilities in Canada need these strong election commitments. Founded in 2005, the AODA Alliance is a non-partisan community coalition that advocates for accessibility for people with disabilities in Ontario and at the federal level. We were one of the disability organizations that appeared before the House of Commons and Senate to call for amendments to strengthen Bill C-81. During debates in Parliament over this bill, MPs and Senators relied on our submissions.

In summary we ask your Party to make 11 commitments to ensure that the implementation and enforcement of the Accessible Canada Act (ACA) is swift, strong and effective, including, e.g. making needed accessibility standard regulations within four years, effectively enforcing the law, establishing a single unified process for complaints under the ACA, ensuring that nothing is done under the ACA that cuts back on the rights of people with disabilities, and ensuring that public money is not used to create or perpetuate barriers against people with disabilities.

1. Enforceable Accessibility Standard Regulations Should Be Enacted Within Four Years

The ACA’s centerpiece is the enactment and enforcement of accessibility standard regulations. These regulations will specify what an organization must do and by when, to become accessible. The ACA lets the Federal Cabinet, the Canadian Radio, Television and Telecommunication Commission (CRTC) and the Canadian Transportation Agency (CTA) enact these regulations. However, it does not require them ever to be enacted. If they are not enacted, the ACA will fail.

  1. Will you enact or amend legislation to require the Federal Government, the CTA and the CRTC to enact regulations to set accessibility standards in all the areas that the ACA covers within four years? If not, will you commit that those regulations will be enacted under the ACA within four years?

2. The ACA Should Be Effectively Enforced

We have learned from extensive experience with provincial accessibility legislation that the ACA will be ineffective unless it is effectively enforced.

  1. Will your party commit to ensure that the ACA is effectively enforced?

 3. Federal Public Money Should Never Be used to Create or Perpetuate Barriers

The ACA does not require the Federal Government to ensure that federal money is never used by any recipient of those funds, to create or perpetuate disability barriers. For example, the ACA doesn’t require the Federal Government to attach accessibility strings when it gives money to a municipality, college, university, local transit authority or other organization to build new infrastructure. Those recipients of federal money are left free to design and build new infrastructure without ensuring that it is fully accessible to people with disabilities. Also, the bill doesn’t require the Federal Government to attach any federal accessibility strings when it gives business development loans or grants to private businesses.

It is helpful that the ACA lets the Federal Government impose accessibility requirements when it buys goods or services. However it doesn’t require the Federal Government to ever do so.

This allows for a wasteful and harmful use of public money. The Senate’s Standing Committee on Social Affairs that held hearings on Bill C-81 made this important observation in its May 7, 2019 report to the Senate:

“Your committee heard concerns that despite this legislation, federal funding may continue to be spent on projects that do not always meet accessibility standards. Therefore, we encourage the federal government to ensure that when public money is spent or transferred, the funding should never be used to create or perpetuate disability-related barriers when it is reasonable to expect that such barriers can be avoided.”

  1. Will your party ensure by legislation, and if not, then by public policy, that no one will use public money distributed by the Government of Canada in a manner that creates or perpetuates barriers, including e.g. , payments by the Government of Canada to any person or entity to purchase or rent any goods, services or facilities, or to contribute to the construction, expansion or renovation of any infrastructure or other capital project, or to provide a business development loan or grant to any person or entity?

4. The ACA Should Never Reduce the Rights of People with Disabilities

The ACA includes only limited and insufficient protection to ensure that nothing under the ACA reduces the rights of people with disabilities. The ACA provides:

“121.1 For greater certainty, nothing in any provision of this Act or the regulations limits a regulated entity’s duty to accommodate under any other Act of Parliament.”

  1. Will your party amend the ACA to provide that if a provision of the ACA or of a regulation enacted under it conflicts with a provision of any other Act or regulation, the provision that provides the highest level of accessibility shall prevail, and that nothing in the ACA or in any regulations enacted under it or in any actions taken under it shall reduce any rights which people with disabilities otherwise enjoy under law?

A discriminatory provision was included in the Accessible Canada Act. It is helpful that it was softened in the Senate, after extensive advocacy efforts by people with disabilities. However, it should be repealed altogether.

Making this worse, section 172(3) of the ACA unfairly takes away important rights from people with disabilities in a discriminatory way. It bars the CTA from awarding justly-deserved money compensation to a passenger with a disability, even if the Agency finds that an airline or other federally-regulated transportation-provider has imposed an undue barrier against them, so long as a federal transportation accessibility regulation wrongly says that the airline did not have to provide the passenger with that accommodation. Section 172 of the ACA provides:

“Inquiry — barriers to mobility

172 (1) The Agency may, on application, inquire into a matter in relation to which a regulation could be made under subsection 170(1), regardless of whether such a regulation has been made, in order to determine whether there is an undue barrier to the mobility of persons with disabilities.

Remedies

(2) On determining that there is an undue barrier to the mobility of persons with disabilities, the Agency may do one or more of the following:

(a) require the taking of appropriate corrective measures;

(b) direct that compensation be paid for any expense incurred by a person with a disability arising out of the barrier, including for any costs of obtaining alternative goods, services or accommodation;

(c) direct that compensation be paid for any wages that a person with a disability was deprived of as a result of the barrier;

(d) direct that compensation be paid up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, for any pain and suffering experienced by a person with a disability arising out of the barrier;

(e) direct that compensation be paid up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, if the Agency determines that the barrier is the result of a wilful or reckless practice.

Compliance with regulations

(3) If the Agency is satisfied that regulations made under subsection 170(1) that are applicable in relation to a matter have been complied with or have not been contravened, the Agency may determine that there is an undue barrier in relation to that matter but if it does so, it may only require the taking of appropriate corrective measures.”

This unfairly protects huge, well-funded airlines and railways from having to pay monetary compensation in situations where they should have to pay up.

  1. Will your party repeal the offending portion of section 172(3) of the ACA that reads “but if it does so, it may only require the taking of appropriate corrective measures.”” And replace them with words such as: “and grant a remedy in accordance with subsection 2.” ?

5. The ACA’s Implementation and Enforcement Should be Consolidated in One Federal Agency, Not Splintered Among Several of Them

The 105-page ACA is far too complicated and confusing. It will be hard for people with disabilities to navigate it. This is because the bill splinters the power to make accessibility standard regulations and the power to enforce the bill among a number of federal agencies, such as the new federal Accessibility Commissioner, the CTA, and the CRTC.

This makes the ACA’s implementation and enforcement less effective, more confusing, more complicated and more costly. It will make it take longer to get accessibility regulations enacted. It risks weak, contradictory or unnecessarily complex regulations.

This splintering makes it much harder for people with disabilities to navigate the system, to find out what rights they have, and to get violations fixed. People with disabilities are burdened to learn to navigate as many as three or four different sets of accessibility rules, enforcement agencies, procedures, forms and time lines for presenting an accessibility complaint.

This splintering only helps existing federal bureaucracies that want more power, and any large obligated organizations that want to dodge taking action on accessibility. Those organizations will relish exploiting the bill’s confusing complexity to delay and impede its implementation.

It is wrong for the ACA to give almost exclusive powers over accessibility to federally-regulated transportation organizations (like airlines) to the CTA, and almost exclusive powers over broadcasters and telecommunication companies (like Bell Canada and Rogers Communications) to the CRTC. The CTA and CRTC have had powers in this area for years. Their record on accessibility is not good.

  1. Will your party assign all responsibility for the ACA’s enforcement to the Accessibility Commissioner and all responsibility for enacting regulations under the ACA to the Federal Cabinet? If not, then at a minimum, would your party require by legislation or policy that the CRTC, CTA and the Federal Public Sector Labour Relations and Employment Board must, within six months, establish policies, practices and procedures for expeditiously receiving, investigating, considering and deciding upon complaints under this Act which are the same as or as reasonably close as possible to, those set out for the Accessibility Commissioner?

6. No Federal Laws Should Ever Create or Permit Disability Barriers

It is important to ensure that no federal laws impose or permit the creation of barriers against people with disabilities.

  1. Will your Party review all federal laws to identify any which require or permit any barriers against people with disabilities, and will your party amend Section 2 of the ACA (definition of “barrier”) to add the words “a law”, so that it will read:

“barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a law, a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation.”

7. Federal Elections Should Be Made Accessible to Voters with Disabilities

Voters with disabilities continue to face disability barriers in federal elections, including, for example, barriers that can impede them from voting independently and in private, and verifying their choice. Recent amendments to federal election legislation do not ensure this.

  1. Will your party pass legislation or regulations and adopt policies needed to ensure that federal elections become barrier-free for voters and candidates with disabilities.

8. Power to Exempt Organizations from Some ACA Requirements Should be Eliminated or Reduced

The ACA has too many loopholes. For example, it lets the Federal Government exempt itself from some of its duties under the ACA. The Government should not ever be able to exempt itself.

  1. Will your Party eliminate or reduce the power to exempt organizations from some of the requirements that the ACA imposes? Such as eliminating the power to exempt the Government of Canada, or a federal department or agency? If not, will your party commit not to grant any exemptions from the ACA?

9. Federally-Controlled Courts and Tribunals Should be Made Disability-Accessible

People with disabilities continue to face barriers when they try to take part in proceedings in courts for which the Federal Government is responsible.

  1. Will your party develop and implement a plan to ensure that all federally-operated courts (e.g. the Supreme Court of Canada and Federal Courts), and federally operated regulatory tribunals (like the CRTC and CTA) become accessible.

10. Other Measures Needed to Strengthen the ACA

In 2018, federal opposition parties proposed a number of amendments to strengthen Bill C-81 in the House of Commons. The Government defeated most if not all of them.

  1. Would your party pass the amendments to the ACA which the opposition proposed in the fall of 2018 in the House of Commons, which the Government had defeated, and which would strengthen the ACA?

We would appreciate a response by email in MS Word format. We will make responses public. We would be pleased to answer any questions you have.

Sincerely,

David Lepofsky CM, O. Ont

Chair Accessibility for Ontarians with Disabilities Act Alliance



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Toronto Pearson First Airport in Canada to Offer Innovative Technology to Improve Accessibility for Travellers with Sight Loss


Aira, a mobile phone app, provides assistive services to passengers who are blind or low vision July 16, 2019

TORONTO, ONTARIO Today, Toronto Pearson announced it is now offering Aira service, a leading-edge assistive technology, to help travellers with sight loss navigate the airport independently. Using the Aira iPhone or Android mobile phone application, passengers can connect to a specially trained, human agent for navigational assistance as they journey through the airport. Toronto Pearson is the first airport in Canada to offer Aira to its passengers.

“At Toronto Pearson, we have a vision to be the best airport in the world, and this starts with ensuring that our passengers-all of our passengers-are
able to navigate the airport independently,” says Kurush Minocher, Associate Director, Passenger Development, at the Greater Toronto Airports Authority (GTAA). “We are proud to bring Aira’s easy-to-use service to Toronto Pearson. Passengers with sight loss now have more choice in how they travel through the airport, from curb to gate.”

Aira works via a smartphone or optional Aira Horizon video-equipped smart glasses, connecting passengers with sight loss to remotely located Aira agents.

Through the smart glasses or phone camera, Aira’s trained professionals provide on-demand, personalized access to visual information to help passengers navigate the airport. Aira service is available in both Terminals 1 and 3 and within Toronto Pearson parking facilities.

“The CNIB Foundation has been working in close consultation with the GTAA to identify ways to improve the travel experience for passengers with sight loss at Canada’s largest airport,” says Shane Silver, Vice-President, Social Enterprise & Innovation, Canadian National Institute for the Blind. “This announcement is a positive step on the journey to improving airport accessibility for Canadians who are blind or partially sighted. We commend the GTAA for its ongoing commitment to inclusivity.”

Aira is a subscription service, but passengers with sight loss will be able to use Aira technology for free at Toronto Pearson; all that is required is a smartphone and the Aira application, which can be downloaded for free from Google Play or the Apple App Store (data charges may apply).

“Aira’s mission is to make information instantly accessible, anytime, anywhere,” says Suman Kanuganti, President and Founder of Aira. “We’re excited to welcome Toronto Pearson as our first Aira Airport Access Partner in Canada.”

For instructions on how to use Aira at Toronto Pearson, please visit http://www.torontopearson.com/aira. To learn more about Aira, please visit http://www.aira.io.

About the Greater Toronto Airports Authority

The Greater Toronto Airports Authority (GTAA) is the operator of Toronto Pearson International Airport. For the second straight year Toronto Pearson has been voted by passengers as the Best Large Airport in North America serving more than 40 million annual passengers, as recognized by Airports Council International’s(ACI) Airport Service Quality (ASQ) program, the only global benchmarking survey that assesses passenger satisfaction at the airport on their day of travel.

Toronto Pearson served more than 49.5 million passengers in 2018, making it Canada’s busiest airport. With 163 international routes, Toronto Pearson is also North America’s most internationally connected airport.

Contact:
GTAA Media Office |
[email protected]|
(416) 776-3709



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