In a Detailed Report Card Delivered During National AccessAbility Week, the Ford Government Gets a Blistering “F” Grade for Its Three Year Record Since Taking Office on Action to Make Ontario Accessible for 2.6 Million Ontarians with Disabilities


ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

In a Detailed Report Card Delivered During National AccessAbility Week, the Ford Government Gets a Blistering “F” Grade for Its Three Year Record Since Taking Office on Action to Make Ontario Accessible for 2.6 Million Ontarians with Disabilities

May 31, 2021 Toronto: During National AccessAbility Week, the non-partisan grassroots AODA Alliance releases a report card (set out below) on the Ford Government’s record for tearing down the barriers that people with disabilities face, awarding the Government an “F” grade.

When he was campaigning for votes in the 2018 election, Doug Ford said that our issues “are close to the hearts of our Ontario PC Caucus” and that:

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

Yet three years after taking office, people with disabilities are no better off, and in some important ways, are worse off, according to today’s new report card. Passed unanimously in 2005, the Accessibility for Ontarians with Disabilities Act requires the Ontario Government to lead this province to become accessible to people with disabilities by 2025. Ontario is nowhere near that goal with under four years left. The Ford Government has no effective plan to meet that deadline.

This report card’s key findings include:

  1. The Ford Government has no comprehensive plan of action on accessibility, 851 days after receiving the Report of David Onley’s AODA Independent Review.
  1. The Government has not ensured that public money will never be used to create new accessibility barriers.
  1. The Ford Government has failed to enact or strengthen any accessibility standards under the AODA.

 

  1. The Ford Government has announced no new action to effectively ensure the accessibility of public transportation.

 

  1. The Ford Government imposed substantial and harmful delays in the work of Five important AODA Standards Development Committees that was underway before the Government took office.

 

  1. The Ford Government has repeatedly violated its mandatory duty under the AODA to make public the initial or final recommendations of a Government-appointed Standards Development Committee “upon receiving” those recommendations.

 

  1. The Ford Government has failed for 3 years to fulfil its mandatory duty to appoint a Standards Development Committee to review the Public Spaces Accessibility Standard.

 

  1. The Ford Government has made public no detailed plan for effective AODA enforcement.

 

  1. In a waste of public money, the Ford Government diverted 1.3 million dollars into the Rick Hansen Foundation’s controversial private accessibility certification process. This has resulted in no disability barriers being removed or prevented.

 

  1. The Ford Government unfairly burdened Ontarians with disabilities with having to fight against new safety dangers being created by municipalities allowing electric scooters.

 

  1. The Ford Government’s rhetoric has been harmfully diluting the AODA’s goal of full accessibility.

 

  1. The Ford Government has given public voice to false and troubling stereotypes About disability accessibility.

 

  1. The Ford Government has failed to effectively address the urgent needs of Ontarians with disabilities during the COVID-19 pandemic.

 

  1. The lives of vulnerable Ontarians with disabilities are endangered by the Ford Government’s secret plans for critical care triage during the COVID-19 pandemic, If hospitals cannot serve All critical care Patients.

“We keep offering the Ford Government constructive ideas, but too often, they are disregarded,” said David Lepofsky, chair of the AODA Alliance which campaigns for accessibility for people with disabilities. “Premier Ford hasn’t even met with us, and has turned down every request for a meeting.”

AODA Alliance Chair David Lepofsky has had to resort to a court application (now pending) to get the Ford Government to fulfil one of its important duties under the AODA, and a Freedom of Information application to try to force the Ford Government to release its secret plans for critical care triage if the COVID-19pandemic worsens, requiring rationing of critical care.

Contact: AODA Alliance Chair David Lepofsky, [email protected]

Twitter: @aodaalliance

 A Report Card on the Ford Government’s Record, After Three Years in Office, on Achieving Disability Accessibility

May 31, 2021

Prepared by the AODA Alliance

 Introduction

This year’s National AccessAbility Week takes place when Ontario’s Ford Government is completing its third year of a four year term in office. This is an especially appropriate time to take stock of how well the Ford Government is doing at advancing the goal of making Ontario accessible to people with disabilities by 2025, the deadline which the Accessibility for Ontarians with Disabilities Act enshrines in Ontario law.

It is with a strong sense of frustration that we award the Ford Government a failing “F” grade for its record on this issue.

The Ontario Public Service includes quite a number of public officials who are deeply and profoundly dedicated to the goal of tearing down barriers impeding people with disabilities, and preventing the creation of new disability barriers. They have commendably found quite a number of willing partners within the disability community (both individuals and disability organizations), and among obligated organizations in the public and private sectors. These partners are also committed to the goal of accessibility, and have in their spheres of influenced tried to move things forward. To all these people we and people with disabilities generally are indebted.

For example, several Standards Development Committees have been appointed under the AODA to craft recommendations on what enforceable AODA accessibility standards should include to be strong and effective. They have invested many hours, trying to come up with workable recommendations.

As well, over the past three years, the Ontario Government has continued to operate voluntary programs that have existed for years to contribute to the goal of accessibility. The Ford Government has also, we believe, improved things by freeing its Standards Development Committees from excessive involvement by Public Service staff. This has enabled those staff to support the work of those committees, while leaving them free to do their own work, devising recommendations for the Government.

However, all of that cannot succeed in bringing Ontario to the goal of an accessible province by 2025, without strong leadership by the Ontario Government and those who steer it. This has been the conclusion of three successive Independent Reviews, conducted under the AODA, by Charles Beer in 2010, by Mayo Moran in 2014 and by David Onley in 2018.

Over the past three years, we regret that that leadership has continued to be lacking. The result is that Ontario is falling further and further behind the goal of an accessible province by 2025. Less and less time is available to correct that.

This report details several of the key ways that the Ontario Government has fallen far short of what Ontarians with disabilities need. As the Government’s mandatory annual report on its efforts on accessibility back in 2019 reveals, the Government’s prime focus has been on trying to raise awareness about accessibility. As has been the Ontario Government’s practice for years, that 2019 annual report was belatedly posted on line on the eve of the 2021 National AccessAbility Week, two years after many of the events reported in it.

Decades of experience, leading to the enactment of the AODA in 2005, has proven over and over that such awareness-raising and voluntary measures won’t get Ontario to the goal of accessibility by 2025, or indeed, ever. As always, the AODA Alliance, as a non-partisan coalition, remains ready, willing, able, and eager to work with the Government, and to offer constructive ideas on how it can change course and fulfil the AODA’s dream that the Legislature unanimously endorsed in May 2005.

1. The Ford Government Has No Comprehensive Plan of Action on Accessibility, 851 Days After Receiving the Report of David Onley’s AODA Independent Review

We have been urging the Ford Government to develop a detailed plan on accessibility since shortly after it took office, to lay out how it will get Ontario to the AODA’s mandatory goal of becoming accessible to people with disabilities by 2025. It has never done so.

In December 2018, the Ford Government said it was awaiting the final report of former Lieutenant Governor David Onley’s Independent Review of the AODA’s implementation and enforcement, before deciding what it would do regarding accessibility for people with disabilities. On January 31, 2019, the Government received the final report of the David Onley Independent Review of the AODA’s implementation and enforcement. Minister for Accessibility Raymond Cho publicly said on April 10, 2019 that David Onley did a “marvelous job.”

The Onley report found that Ontario is still full of “soul-crushing” barriers impeding people with disabilities. It concluded that progress on accessibility has taken place at a “glacial pace.” It determined that that the goal of accessibility by 2025 is nowhere in sight, and that specific new Government actions, spelled out in the report, are needed.

However, in the 851 days since receiving the Onley Report, the Ford Government has not made public a detailed plan to implement that report’s findings and recommendations. The Government has staged some media events with the Accessibility Minister to make announcements, but little if anything new was ever announced. The Government repeated pledges to lead by example on accessibility, and to take an all-of-Government approach to accessibility. But these pledges were backed by nothing new to make them mean anything more than when previous governments and ministers engaged in similar rhetorical flourishes.

2. The Government Has Not Ensured that Public Money Will Never Be Used to Create New Accessibility Barriers

In its three years in office, we have seen no effective action by the Ford Government to ensure that public money is never used to create new disability barriers or to perpetuate existing barriers. The Ontario Government spends billions of public dollars on infrastructure and on procuring goods, services and facilities, without ensuring that no new barriers are thereby created, and that no existing barriers are thereby perpetuated.

As but one example, last summer, the Ford Government announced that it would spend a half a billion dollars on the construction of new schools and on additions to existing schools. However, it announced no action to ensure that those new construction projects are fully accessible to students, teachers, school staff and parents with disabilities. The Ontario Ministry of Education has no effective standards or policies in place to ensure this accessibility, and has announced no plans to create any.

3. The Ford Government Has Enacted or Strengthened No Accessibility Standards

In its three years in power, the Ford Government has enacted no new AODA accessibility standards. It has revised no existing accessibility standards to strengthen them. It has not begun the process of developing any new accessibility standards that were not already under development when the Ford Government took office in June 2018.

As one major example, the Ford Government has not committed to develop and enact a Built Environment Accessibility Standard under the AODA, to ensure that the built environment becomes accessible to people with disabilities. No AODA Built Environment Accessibility Standard now exists. None is under development.

This failure to act is especially striking for two reasons. First, the last two AODA Independent Reviews, the 2014 Independent Review by Mayo Moran and the 2019 Independent Review by David Onley, each identified the disability barriers in the built environment as a priority. They both called for new action under the AODA. Second, when he was seeking the public’s votes in the 2018 Ontario election, Doug Ford made specific commitments regarding the disability barriers in the built environment. Doug Ford’s May 15, 2018 letter to the AODA Alliance, setting out his party’s election commitments on disability accessibility, included this:

  1. a) “Your issues are close to the hearts of our Ontario PC Caucus and Candidates, which is why they will play an outstanding role in shaping policy for the Ontario PC Party to assist Ontarians in need.”
  1. b) “Whether addressing standards for public housing, health care, employment or education, our goal when passing the AODA in 2005 was to help remove the barriers that prevent people with disabilities from participating more fully in their communities.”
  1. c) “Making Ontario fully accessible by 2025 is an important goal under the AODA and it’s one that would be taken seriously by an Ontario PC government.”
  1. d) “This is why we’re disappointed the current government has not kept its promise with respect to accessibility standards. An Ontario PC government is committed to working with the AODA Alliance to address implementation and enforcement issues when it comes to these standards.

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

4. The Ford Government Has Announced No New Action to Effectively Ensure the Accessibility of Public Transportation

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

 5. The Ford Government Imposed Substantial and Harmful Delays in the Work of Five Important AODA Standards Development Committees that was Underway Before the Government Took Office

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

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

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

We had to keep up the pressure for months. The Ford Government waited until March 7, 2019 before it announced that it was lifting its freeze on the work of the Health Care Standards Development Committee and the two Education Standards Development Committees. It was as long as half a year after that announcement that those three Standards Development Committees finally got back to work.

In the meantime, the many unfair disability barriers in Ontario’s education system and Ontario’s health care system remained in place, while new ones continued to be created. The final enactment of new accessibility standards in the areas of health care and education was delayed commensurately, as was the enactment of revisions to strengthen Ontario’s 2011 Information and Communication Accessibility Standard and Ontario’s 2011 Employment Accessibility Standard.

6. The Ford Government Has Repeatedly Violated Its Mandatory Duty Under the AODA to Make Public the Initial or Final Recommendations of a Government-Appointed Standards Development Committee “Upon Receiving” Those Recommendations

Section 10(1) of the AODA requires the Government to make public the initial or final recommendations that it receives from a Standards Development Committee, appointed under the AODA “upon receiving” those recommendations. The Ontario Government under successive governments and ministers has wrongly taken the approach that it can delay making those recommendations public for months despite the AODA‘s clear, mandatory and unambiguous language.

The Ford Government has certainly taken this troubling approach. It delayed some two years before making public the final recommendations of the Employment Standards Development Committee earlier this year. It delayed some six months before making public the final recommendations of the Information and Communication Standards Development Committee last year. It delayed over five months before making public the initial recommendations of the Health Care Standards Development Committee earlier this month. It has delayed over two months so far in making public the initial recommendations of the K-12 Education Standards Development Committee and Post-Secondary Education Standards Development Committee.

As a result, AODA Alliance Chair David Lepofsky has brought a court application, now pending, to seek an order compelling the Ford Government to obey the AODA. This is especially disturbing, because the Government is leading by such a poor example when it comes to the AODA. Its delay in complying with s. 10 of the AODA slows the already-slow process of developing and enacting or revising accessibility standards under the AODA.

7. The Ford Government Has for 3 Years Failed to Fulfil Its Mandatory Duty to Appoint A Standards Development Committee to Review the Public Spaces Accessibility Standard

The AODA required the Ontario Government to appoint a Standards Development Committee to review the Public Spaces Accessibility Standard by the end of 2017. Neither the previous Wynne Government nor the current Ford Government have fulfilled this legal duty. This is a mandatory AODA requirement.

The Ford Government has had three years in office to learn about this duty and to fulfil it. We flagged it for the Government very soon after it took office in 2018.

8. The Ford Government Has Made Public No Detailed Plan for Effective AODA Enforcement

During its three years in office, the Ford Government has announced no public plan to substantially strengthen the AODA’s weak enforcement. Three years ago, the Ford Government inherited the previous McGuinty Government’s and Wynne Government’s multi-year failure to effectively and vigourously enforce the AODA. What little enforcement that took place fell far short of what people with disabilities needed, as is confirmed in both the 2015 Moran Report and the 2019 Onley Report. The failure to effectively enforce the AODA has contributed to Ontario falling so far behind the goal of becoming accessible to people with disabilities by 2025.

 

9. In a Waste of Public Money, the Ford Government Diverted 1.3 Million Dollars into the Rick Hansen Foundation’s Controversial Private Accessibility Certification Process

The only significant new action that the Ford Government has announced on accessibility over its first three years in office was its announcement over two years ago in the April 11, 2019 Ontario Budget that it would spend 1.3 million public dollars over two years to have the Rick Hansen Foundation’s private accessibility certification process “certify” some 250 buildings, belonging to business or the public sector, for accessibility. In two years, this has not been shown to lead to the removal or prevention of a single barrier against people with disabilities anywhere in the built environment. It has predictably been a waste of public money.

The Ford Government did not consult the AODA Alliance or, to our knowledge, the disability community, before embarking on this wasteful project. It ignored serious concerns with spending public money on such a private accessibility certification process. These concerns have been public for well over five years. The Ford Government gave no public reasons for rejecting these concerns.

A private accessibility certification risks misleading the public, including people with disabilities. It also risks misleading the organization that seeks this so-called certification. It “certifies” nothing.

A private organization might certify a building as accessible, and yet people with disabilities may well find that the building itself, or the services offered in the building, still have serious accessibility problems. Such a certification provides no defence to an accessibility complaint or proceeding under the AODA, under the Ontario Building Code, under a municipal bylaw, under the Ontario Human Rights Code, or under the Canadian Charter of Rights and Freedoms.

If an organization gets a good -level accessibility certification, it may think they have done all they need to do on accessibility. The public, including people with disabilities, and design professionals may be misled to think that this is a model of accessibility to be emulated, and that it is a place that will be easy to fully access. This can turn out not to be the case, especially if the assessor uses the Rick Hansen Foundation’s insufficient standard to assess accessibility, and/or if it does not do an accurate job of assessing the building and/or if the assessor’s only training is the inadequate short training that the Rick Hansen Foundation created.

For example, the Ford Government got the Rick Hansen Foundation to certify as accessible the huge New Toronto Courthouse now under construction. Yet we have shown that its plans are replete with serious accessibility problems. The Rick Hansen Foundation’s assessor never contacted the AODA Alliance to find out about our serious concerns with the courthouse’s design before giving it a rating of “accessible.”

The Rick Hansen Foundation’s private accessibility certification process lacks much-needed public accountability. The public has no way to know if the private accessibility assessor is making accurate assessments. It is not subject to Freedom of Information laws. It operates behind closed doors. It lacks the kind of public accountability that applies to a government audit or inspection or other enforcement. For more details on the problems with private accessibility certification processes, read the AODA Alliance’s February 1, 2016 brief on the problems with publicly funding any private accessibility certification process.

10. The Ford Government Unfairly Burdened Ontarians with Disabilities with Having to Fight Against New Barriers Being Created by Municipalities Allowing Electric Scooters

It is bad enough that the Ford Government did too little in its first three years in office to tear down the many existing barriers that impede people with disabilities. It is even worse that the Government took action that will create new disability barriers, and against which people with disabilities must organize to battle at the municipal level.

When the Ford Government took office in June 2018, it was illegal to ride electric scooters (e-scooters) in public places. In January 2019, over the strenuous objection of Ontario’s disability community, the Ford Government passed a new regulation. It lets each municipality permit the use of e-scooters in public places, if they wish. It did not require municipalities to protect people with disabilities from the dangers that e-scooters pose to them.

Silent, high-speed e-scooters racing towards pedestrians at over 20 KPH, ridden by an unlicensed, untrained, uninsured joy-riders, endanger people with disabilities, seniors, children and others. Leaving e-scooters strewn all over in public places, as happens in other cities that permit them, creates physical barriers to people using wheelchairs and walkers. They create tripping hazards for people with vision loss.

Torontonians with disabilities had to mount a major campaign to convince Toronto City Council to reject the idea of allowing e-scooters. They were up against a feeding-frenzy of well-funded and well-connected corporate lobbyists, the lobbyists who clearly hold sway with the Ontario Premier’s office.

Unlike Toronto, Ottawa and Windsor have allowed e-scooters, disregarding the danger they now pose for people with disabilities. Some other Ontario cities are considering allowing them.

Thanks to the Ford Government, people with disabilities must now campaign against e-scooters, city by city. This is a huge, unfair burden that people with disabilities did not need, especially during the COVID-19 pandemic. It is a cruel irony that the Ford Government unleashed the danger of personal injuries by e-scooters at the same time as it has said it wants to reduce the number of concussions in Ontario.

11. The Ford Government’s Rhetoric Has Been Harmfully Diluting the AODA’s Goal of Full Accessibility

A core feature of the AODA is that it requires Ontario become “accessible” to people with disabilities by 2025. It does not merely say that Ontario should become “more accessible” by that deadline.

Yet, the Ford Government too often only talks about making Ontario more accessible. In fairness, the previous Ontario Liberal Government under Premier Dalton McGuinty and later Premier Kathleen Wynne too often did the same.

This dilutes the goal of the AODA, for which people with disabilities fought so hard for a decade. It hurts people with disabilities. It is no doubt used to try to lower expectations and over-inflate any accomplishments.

 

12. The Ford Government Has Given Public Voice to False Troubling Stereotypes About Disability Accessibility

 

Two years ago, the Ford Government publicly voiced very troubling and harmful stereotypes about the AODA and disability accessibility during National AccessAbility Week.

In 2019, during National AccessAbility Week, NDP MPP Joel Harden proposed a that the Legislature pass a resolution that called for the Government to bring forward a plan in response to the Onley Report. The resolution was worded in benign and non-partisan words, which in key ways tracked Doug Ford’s May 15, 2018 letter to the AODA Alliance. The proposed resolution stated:

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

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

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

13. The Ford Government Has Failed to Effectively Address the Urgent Needs of Ontarians with Disabilities During the COVID-19 Pandemic

All of the foregoing would be enough in ordinary times to merit the “F” grade which the Ford Government is here awarded. However, its treatment of people with disabilities and their accessibility needs during the COVID-19 pandemic makes that grade all the more deserved.

In the earliest weeks, the Government deserved a great deal of leeway for responding to the pandemic, because it was understandably caught off guard, as was the world, by the enormity of this nightmare. However, even well after the initial shock period when the pandemic hit and for the year or more since then, the Ford Government has systemically failed to effectively address the distinctive and heightened urgent needs of people with disabilities in the pandemic.

People with disabilities were foreseeably exposed to disproportionately contract COVID-19, to suffer its worst hardships and to die from it. Yet too often the Government took a failed “one size fits all” approach to its emergency planning, that failed to address the urgent needs of people with disabilities. This issue has preoccupied the work of the AODA Alliance and many other disability organizations over the past 14 months.

Two of the areas where the Government most obviously failed were in health care and education. This is especially inexcusable since the Government had the benefit of a Health Care Standards Development Committee, a K-12 Education Standards Development Committee and a Post-Secondary Education Standards Development Committee to give the Government ideas and advice throughout the pandemic. The K-12 Education Standards Development Committee delivered a detailed package of recommendations for the pandemic response four months into the pandemic. Yet those recommendations have largely if not totally gone unimplemented.

The Government repeatedly left it to each school board, college, university, and health care provider to each separately figure out what disability barriers had arisen during the pandemic, and how to remove and prevent those barriers. This is a predictable formula for wasteful duplication of effort, for increased costs and workloads, all in the middle of a pandemic.

For example, the Ford Government largely left it to each frontline teacher and principal to figure out how to accommodate the recurring needs of students with different disabilities during distance learning. The Government relied on TVO as a major partner in delivering distance learning to school students, even though TVO’s distance learning offerings have accessibility barriers that are unforgivable at any time, and especially during a pandemic.

As another example, the Ford Government did not properly plan to ensure that the process for booking and arranging a COVID-19 vaccine was disability-accessible. There is no specific accessible booking hotline to help people with disabilities navigate the booking process from beginning to end.

There is no assurance that drug stores or others through whom vaccines can be booked have accessible websites. We have received complaints that the Government’s own online booking portal has accessibility problems. Arranging for a barrier-free vaccination for People with Disabilities is even harder than the public is finding for just booking a vaccination for those with no disabilities.

14. The Lives of Vulnerable People with Disabilities are Endangered by the Ford Government’s Secret Plans for Critical Care Triage During the COVID-19 Pandemic, If Hospitals Cannot Serve All Critical Care Patients

The AODA Alliance, working together with other disability organizations, has also had to devote a great deal of effort to try to combat the danger that vulnerable people with disabilities would face disability discrimination in access to life-saving critical care if the pandemic overloads hospitals, leading to critical care triage. The Ford Government has created new disability barriers by allowing clear disability discrimination to be entrenched in Ontario’s critical care triage protocol. Even though formal critical care triage has not yet been directed, there is a real danger that it has occurred on the front lines without proper public accountability e.g. by ambulance crews declining to offer critical care to some patients at roadside, when called via 911.

The Ford Government has allowed a concerted disinformation campaign to be led by those who designed the Ontario critical care triage protocol, and who are falsely claiming that there is no disability discrimination in that protocol.

Further Background

Further background on all of the issues addressed in this report card can be found on the AODA Alliance’s web site. It has separate pages, linked to its home page, addressing such topics as accessibility issues in transportation, health care, education, information and communication, the built environment, AODA enforcement, and disability issues arising during the COVID-19 pandemic, among others. Follow @aodaalliance



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In a Detailed Report Card Delivered During National AccessAbility Week, the Ford Government Gets a Blistering “F” Grade for Its Three Year Record Since Taking Office on Action to Make Ontario Accessible for 2.6 Million Ontarians with Disabilities


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

May 31, 2021 Toronto: During National AccessAbility Week, the non-partisan grassroots AODA Alliance releases a report card (set out below) on the Ford Government’s record for tearing down the barriers that people with disabilities face, awarding the Government an “F” grade.

When he was campaigning for votes in the 2018 election, Doug Ford said that our issues “are close to the hearts of our Ontario PC Caucus” and that:

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

Yet three years after taking office, people with disabilities are no better off, and in some important ways, are worse off, according to today’s new report card. Passed unanimously in 2005, the Accessibility for Ontarians with Disabilities Act requires the Ontario Government to lead this province to become accessible to people with disabilities by 2025. Ontario is nowhere near that goal with under four years left. The Ford Government has no effective plan to meet that deadline. This report card’s key findings include:

1. The Ford Government has no comprehensive plan of action on accessibility, 851 days after receiving the Report of David Onley’s AODA Independent Review.

2. The Government has not ensured that public money will never be used to create new accessibility barriers.

3. The Ford Government has failed to enact or strengthen any accessibility standards under the AODA.

4. The Ford Government has announced no new action to effectively ensure the accessibility of public transportation.

5. The Ford Government imposed substantial and harmful delays in the work of Five important AODA Standards Development Committees that was underway before the Government took office.

6. The Ford Government has repeatedly violated its mandatory duty under the AODA to make public the initial or final recommendations of a Government-appointed Standards Development Committee “upon receiving” those recommendations.

7. The Ford Government has failed for 3 years to fulfil its mandatory duty to appoint a Standards Development Committee to review the Public Spaces Accessibility Standard.

8. The Ford Government has made public no detailed plan for effective AODA enforcement.

9. In a waste of public money, the Ford Government diverted 1.3 million dollars into the Rick Hansen Foundation’s controversial private accessibility certification process. This has resulted in no disability barriers being removed or prevented.

10. The Ford Government unfairly burdened Ontarians with disabilities with having to fight against new safety dangers being created by municipalities allowing electric scooters.

11. The Ford Government’s rhetoric has been harmfully diluting the AODA’s goal of full accessibility.

12. The Ford Government has given public voice to false and troubling stereotypes About disability accessibility.

13. The Ford Government has failed to effectively address the urgent needs of Ontarians with disabilities during the COVID-19 pandemic.

14. The lives of vulnerable Ontarians with disabilities are endangered by the Ford Government’s secret plans for critical care triage during the COVID-19 pandemic, If hospitals cannot serve All critical care Patients.

“We keep offering the Ford Government constructive ideas, but too often, they are disregarded,” said David Lepofsky, chair of the AODA Alliance which campaigns for accessibility for people with disabilities. “Premier Ford hasn’t even met with us, and has turned down every request for a meeting.”

AODA Alliance Chair David Lepofsky has had to resort to a court application (now pending) to get the Ford Government to fulfil one of its important duties under the AODA, and a Freedom of Information application to try to force the Ford Government to release its secret plans for critical care triage if the COVID-19pandemic worsens, requiring rationing of critical care.

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

A Report Card on the Ford Government’s Record, After Three Years in Office, on Achieving Disability Accessibility

May 31, 2021

Prepared by the AODA Alliance

Introduction

This year’s National AccessAbility Week takes place when Ontario’s Ford Government is completing its third year of a four year term in office. This is an especially appropriate time to take stock of how well the Ford Government is doing at advancing the goal of making Ontario accessible to people with disabilities by 2025, the deadline which the Accessibility for Ontarians with Disabilities Act enshrines in Ontario law.

It is with a strong sense of frustration that we award the Ford Government a failing “F” grade for its record on this issue.

The Ontario Public Service includes quite a number of public officials who are deeply and profoundly dedicated to the goal of tearing down barriers impeding people with disabilities, and preventing the creation of new disability barriers. They have commendably found quite a number of willing partners within the disability community (both individuals and disability organizations), and among obligated organizations in the public and private sectors. These partners are also committed to the goal of accessibility, and have in their spheres of influenced tried to move things forward. To all these people we and people with disabilities generally are indebted.

For example, several Standards Development Committees have been appointed under the AODA to craft recommendations on what enforceable AODA accessibility standards should include to be strong and effective. They have invested many hours, trying to come up with workable recommendations.

As well, over the past three years, the Ontario Government has continued to operate voluntary programs that have existed for years to contribute to the goal of accessibility. The Ford Government has also, we believe, improved things by freeing its Standards Development Committees from excessive involvement by Public Service staff. This has enabled those staff to support the work of those committees, while leaving them free to do their own work, devising recommendations for the Government.

However, all of that cannot succeed in bringing Ontario to the goal of an accessible province by 2025, without strong leadership by the Ontario Government and those who steer it. This has been the conclusion of three successive Independent Reviews, conducted under the AODA, by Charles Beer in 2010, by Mayo Moran in 2014 and by David Onley in 2018.

Over the past three years, we regret that that leadership has continued to be lacking. The result is that Ontario is falling further and further behind the goal of an accessible province by 2025. Less and less time is available to correct that.

This report details several of the key ways that the Ontario Government has fallen far short of what Ontarians with disabilities need. As the Government’s mandatory annual report on its efforts on accessibility back in 2019 reveals, the Government’s prime focus has been on trying to raise awareness about accessibility. As has been the Ontario Government’s practice for years, that 2019 annual report was belatedly posted on line on the eve of the 2021 National AccessAbility Week, two years after many of the events reported in it.

Decades of experience, leading to the enactment of the AODA in 2005, has proven over and over that such awareness-raising and voluntary measures won’t get Ontario to the goal of accessibility by 2025, or indeed, ever. As always, the AODA Alliance, as a non-partisan coalition, remains ready, willing, able, and eager to work with the Government, and to offer constructive ideas on how it can change course and fulfil the AODA’s dream that the Legislature unanimously endorsed in May 2005.

1. The Ford Government Has No Comprehensive Plan of Action on Accessibility, 851 Days After Receiving the Report of David Onley’s AODA Independent Review

We have been urging the Ford Government to develop a detailed plan on accessibility since shortly after it took office, to lay out how it will get Ontario to the AODA’s mandatory goal of becoming accessible to people with disabilities by 2025. It has never done so.

In December 2018, the Ford Government said it was awaiting the final report of former Lieutenant Governor David Onley’s Independent Review of the AODA’s implementation and enforcement, before deciding what it would do regarding accessibility for people with disabilities. On January 31, 2019, the Government received the final report of the David Onley Independent Review of the AODA’s implementation and enforcement. Minister for Accessibility Raymond Cho publicly said on April 10, 2019 that David Onley did a “marvelous job.”

The Onley report found that Ontario is still full of “soul-crushing” barriers impeding people with disabilities. It concluded that progress on accessibility has taken place at a “glacial pace.” It determined that that the goal of accessibility by 2025 is nowhere in sight, and that specific new Government actions, spelled out in the report, are needed.

However, in the 851 days since receiving the Onley Report, the Ford Government has not made public a detailed plan to implement that report’s findings and recommendations. The Government has staged some media events with the Accessibility Minister to make announcements, but little if anything new was ever announced. The Government repeated pledges to lead by example on accessibility, and to take an all-of-Government approach to accessibility. But these pledges were backed by nothing new to make them mean anything more than when previous governments and ministers engaged in similar rhetorical flourishes.

2. The Government Has Not Ensured that Public Money Will Never Be Used to Create New Accessibility Barriers

In its three years in office, we have seen no effective action by the Ford Government to ensure that public money is never used to create new disability barriers or to perpetuate existing barriers. The Ontario Government spends billions of public dollars on infrastructure and on procuring goods, services and facilities, without ensuring that no new barriers are thereby created, and that no existing barriers are thereby perpetuated.

As but one example, last summer, the Ford Government announced that it would spend a half a billion dollars on the construction of new schools and on additions to existing schools. However, it announced no action to ensure that those new construction projects are fully accessible to students, teachers, school staff and parents with disabilities. The Ontario Ministry of Education has no effective standards or policies in place to ensure this accessibility, and has announced no plans to create any.

3. The Ford Government Has Enacted or Strengthened No Accessibility Standards

In its three years in power, the Ford Government has enacted no new AODA accessibility standards. It has revised no existing accessibility standards to strengthen them. It has not begun the process of developing any new accessibility standards that were not already under development when the Ford Government took office in June 2018.

As one major example, the Ford Government has not committed to develop and enact a Built Environment Accessibility Standard under the AODA, to ensure that the built environment becomes accessible to people with disabilities. No AODA Built Environment Accessibility Standard now exists. None is under development.

This failure to act is especially striking for two reasons. First, the last two AODA Independent Reviews, the 2014 Independent Review by Mayo Moran and the 2019 Independent Review by David Onley, each identified the disability barriers in the built environment as a priority. They both called for new action under the AODA. Second, when he was seeking the public’s votes in the 2018 Ontario election, Doug Ford made specific commitments regarding the disability barriers in the built environment. Doug Ford’s May 15, 2018 letter to the AODA Alliance, setting out his party’s election commitments on disability accessibility, included this:

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

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

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

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

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

4. The Ford Government Has Announced No New Action to Effectively Ensure the Accessibility of Public Transportation

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

5. The Ford Government Imposed Substantial and Harmful Delays in the Work of Five Important AODA Standards Development Committees that was Underway Before the Government Took Office

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

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

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

We had to keep up the pressure for months. The Ford Government waited until March 7, 2019 before it announced that it was lifting its freeze on the work of the Health Care Standards Development Committee and the two Education Standards Development Committees. It was as long as half a year after that announcement that those three Standards Development Committees finally got back to work.

In the meantime, the many unfair disability barriers in Ontario’s education system and Ontario’s health care system remained in place, while new ones continued to be created. The final enactment of new accessibility standards in the areas of health care and education was delayed commensurately, as was the enactment of revisions to strengthen Ontario’s 2011 Information and Communication Accessibility Standard and Ontario’s 2011 Employment Accessibility Standard.

6. The Ford Government Has Repeatedly Violated Its Mandatory Duty Under the AODA to Make Public the Initial or Final Recommendations of a Government-Appointed Standards Development Committee “Upon Receiving” Those Recommendations

Section 10(1) of the AODA requires the Government to make public the initial or final recommendations that it receives from a Standards Development Committee, appointed under the AODA “upon receiving” those recommendations. The Ontario Government under successive governments and ministers has wrongly taken the approach that it can delay making those recommendations public for months despite the AODA’s clear, mandatory and unambiguous language.

The Ford Government has certainly taken this troubling approach. It delayed some two years before making public the final recommendations of the Employment Standards Development Committee earlier this year. It delayed some six months before making public the final recommendations of the Information and Communication Standards Development Committee last year. It delayed over five months before making public the initial recommendations of the Health Care Standards Development Committee earlier this month. It has delayed over two months so far in making public the initial recommendations of the K-12 Education Standards Development Committee and Post-Secondary Education Standards Development Committee.

As a result, AODA Alliance Chair David Lepofsky has brought a court application, now pending, to seek an order compelling the Ford Government to obey the AODA. This is especially disturbing, because the Government is leading by such a poor example when it comes to the AODA. Its delay in complying with s. 10 of the AODA slows the already-slow process of developing and enacting or revising accessibility standards under the AODA.

7. The Ford Government Has for 3 Years Failed to Fulfil Its Mandatory Duty to Appoint A Standards Development Committee to Review the Public Spaces Accessibility Standard

The AODA required the Ontario Government to appoint a Standards Development Committee to review the Public Spaces Accessibility Standard by the end of 2017. Neither the previous Wynne Government nor the current Ford Government have fulfilled this legal duty. This is a mandatory AODA requirement.

The Ford Government has had three years in office to learn about this duty and to fulfil it. We flagged it for the Government very soon after it took office in 2018.

8. The Ford Government Has Made Public No Detailed Plan for Effective AODA Enforcement

During its three years in office, the Ford Government has announced no public plan to substantially strengthen the AODA’s weak enforcement. Three years ago, the Ford Government inherited the previous McGuinty Government’s and Wynne Government’s multi-year failure to effectively and vigourously enforce the AODA. What little enforcement that took place fell far short of what people with disabilities needed, as is confirmed in both the 2015 Moran Report and the 2019 Onley Report. The failure to effectively enforce the AODA has contributed to Ontario falling so far behind the goal of becoming accessible to people with disabilities by 2025.

9. In a Waste of Public Money, the Ford Government Diverted 1.3 Million Dollars into the Rick Hansen Foundation’s Controversial Private Accessibility Certification Process

The only significant new action that the Ford Government has announced on accessibility over its first three years in office was its announcement over two years ago in the April 11, 2019 Ontario Budget that it would spend 1.3 million public dollars over two years to have the Rick Hansen Foundation’s private accessibility certification process “certify” some 250 buildings, belonging to business or the public sector, for accessibility. In two years, this has not been shown to lead to the removal or prevention of a single barrier against people with disabilities anywhere in the built environment. It has predictably been a waste of public money.

The Ford Government did not consult the AODA Alliance or, to our knowledge, the disability community, before embarking on this wasteful project. It ignored serious concerns with spending public money on such a private accessibility certification process. These concerns have been public for well over five years. The Ford Government gave no public reasons for rejecting these concerns.

A private accessibility certification risks misleading the public, including people with disabilities. It also risks misleading the organization that seeks this so-called certification. It “certifies” nothing.

A private organization might certify a building as accessible, and yet people with disabilities may well find that the building itself, or the services offered in the building, still have serious accessibility problems. Such a certification provides no defence to an accessibility complaint or proceeding under the AODA, under the Ontario Building Code, under a municipal bylaw, under the Ontario Human Rights Code, or under the Canadian Charter of Rights and Freedoms.

If an organization gets a good -level accessibility certification, it may think they have done all they need to do on accessibility. The public, including people with disabilities, and design professionals may be misled to think that this is a model of accessibility to be emulated, and that it is a place that will be easy to fully access. This can turn out not to be the case, especially if the assessor uses the Rick Hansen Foundation’s insufficient standard to assess accessibility, and/or if it does not do an accurate job of assessing the building and/or if the assessor’s only training is the inadequate short training that the Rick Hansen Foundation created.

For example, the Ford Government got the Rick Hansen Foundation to certify as accessible the huge New Toronto Courthouse now under construction. Yet we have shown that its plans are replete with serious accessibility problems. The Rick Hansen Foundation’s assessor never contacted the AODA Alliance to find out about our serious concerns with the courthouse’s design before giving it a rating of “accessible.”

The Rick Hansen Foundation’s private accessibility certification process lacks much-needed public accountability. The public has no way to know if the private accessibility assessor is making accurate assessments. It is not subject to Freedom of Information laws. It operates behind closed doors. It lacks the kind of public accountability that applies to a government audit or inspection or other enforcement. For more details on the problems with private accessibility certification processes, read the AODA Alliance’s February 1, 2016 brief on the problems with publicly funding any private accessibility certification process.

10. The Ford Government Unfairly Burdened Ontarians with Disabilities with Having to Fight Against New Barriers Being Created by Municipalities Allowing Electric Scooters

It is bad enough that the Ford Government did too little in its first three years in office to tear down the many existing barriers that impede people with disabilities. It is even worse that the Government took action that will create new disability barriers, and against which people with disabilities must organize to battle at the municipal level.

When the Ford Government took office in June 2018, it was illegal to ride electric scooters (e-scooters) in public places. In January 2019, over the strenuous objection of Ontario’s disability community, the Ford Government passed a new regulation. It lets each municipality permit the use of e-scooters in public places, if they wish. It did not require municipalities to protect people with disabilities from the dangers that e-scooters pose to them.

Silent, high-speed e-scooters racing towards pedestrians at over 20 KPH, ridden by an unlicensed, untrained, uninsured joy-riders, endanger people with disabilities, seniors, children and others. Leaving e-scooters strewn all over in public places, as happens in other cities that permit them, creates physical barriers to people using wheelchairs and walkers. They create tripping hazards for people with vision loss.

Torontonians with disabilities had to mount a major campaign to convince Toronto City Council to reject the idea of allowing e-scooters. They were up against a feeding-frenzy of well-funded and well-connected corporate lobbyists, the lobbyists who clearly hold sway with the Ontario Premier’s office.

Unlike Toronto, Ottawa and Windsor have allowed e-scooters, disregarding the danger they now pose for people with disabilities. Some other Ontario cities are considering allowing them.

Thanks to the Ford Government, people with disabilities must now campaign against e-scooters, city by city. This is a huge, unfair burden that people with disabilities did not need, especially during the COVID-19 pandemic. It is a cruel irony that the Ford Government unleashed the danger of personal injuries by e-scooters at the same time as it has said it wants to reduce the number of concussions in Ontario.

11. The Ford Government’s Rhetoric Has Been Harmfully Diluting the AODA’s Goal of Full Accessibility

A core feature of the AODA is that it requires Ontario become “accessible” to people with disabilities by 2025. It does not merely say that Ontario should become “more accessible” by that deadline.

Yet, the Ford Government too often only talks about making Ontario more accessible. In fairness, the previous Ontario Liberal Government under Premier Dalton McGuinty and later Premier Kathleen Wynne too often did the same.

This dilutes the goal of the AODA, for which people with disabilities fought so hard for a decade. It hurts people with disabilities. It is no doubt used to try to lower expectations and over-inflate any accomplishments.

12. The Ford Government Has Given Public Voice to False Troubling Stereotypes About Disability Accessibility

Two years ago, the Ford Government publicly voiced very troubling and harmful stereotypes about the AODA and disability accessibility during National AccessAbility Week.
In 2019, during National AccessAbility Week, NDP MPP Joel Harden proposed a that the Legislature pass a resolution that called for the Government to bring forward a plan in response to the Onley Report. The resolution was worded in benign and non-partisan words, which in key ways tracked Doug Ford’s May 15, 2018 letter to the AODA Alliance. The proposed resolution stated:

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

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

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

13. The Ford Government Has Failed to Effectively Address the Urgent Needs of Ontarians with Disabilities During the COVID-19 Pandemic

All of the foregoing would be enough in ordinary times to merit the “F” grade which the Ford Government is here awarded. However, its treatment of people with disabilities and their accessibility needs during the COVID-19 pandemic makes that grade all the more deserved.

In the earliest weeks, the Government deserved a great deal of leeway for responding to the pandemic, because it was understandably caught off guard, as was the world, by the enormity of this nightmare. However, even well after the initial shock period when the pandemic hit and for the year or more since then, the Ford Government has systemically failed to effectively address the distinctive and heightened urgent needs of people with disabilities in the pandemic.

People with disabilities were foreseeably exposed to disproportionately contract COVID-19, to suffer its worst hardships and to die from it. Yet too often the Government took a failed “one size fits all” approach to its emergency planning, that failed to address the urgent needs of people with disabilities. This issue has preoccupied the work of the AODA Alliance and many other disability organizations over the past 14 months.

Two of the areas where the Government most obviously failed were in health care and education. This is especially inexcusable since the Government had the benefit of a Health Care Standards Development Committee, a K-12 Education Standards Development Committee and a Post-Secondary Education Standards Development Committee to give the Government ideas and advice throughout the pandemic. The K-12 Education Standards Development Committee delivered a detailed package of recommendations for the pandemic response four months into the pandemic. Yet those recommendations have largely if not totally gone unimplemented.

The Government repeatedly left it to each school board, college, university, and health care provider to each separately figure out what disability barriers had arisen during the pandemic, and how to remove and prevent those barriers. This is a predictable formula for wasteful duplication of effort, for increased costs and workloads, all in the middle of a pandemic.

For example, the Ford Government largely left it to each frontline teacher and principal to figure out how to accommodate the recurring needs of students with different disabilities during distance learning. The Government relied on TVO as a major partner in delivering distance learning to school students, even though TVO’s distance learning offerings have accessibility barriers that are unforgivable at any time, and especially during a pandemic.

As another example, the Ford Government did not properly plan to ensure that the process for booking and arranging a COVID-19 vaccine was disability-accessible. There is no specific accessible booking hotline to help people with disabilities navigate the booking process from beginning to end.

There is no assurance that drug stores or others through whom vaccines can be booked have accessible websites. We have received complaints that the Government’s own online booking portal has accessibility problems. Arranging for a barrier-free vaccination for People with Disabilities is even harder than the public is finding for just booking a vaccination for those with no disabilities.

14. The Lives of Vulnerable People with Disabilities are Endangered by the Ford Government’s Secret Plans for Critical Care Triage During the COVID-19 Pandemic, If Hospitals Cannot Serve All Critical Care Patients

The AODA Alliance, working together with other disability organizations, has also had to devote a great deal of effort to try to combat the danger that vulnerable people with disabilities would face disability discrimination in access to life-saving critical care if the pandemic overloads hospitals, leading to critical care triage. The Ford Government has created new disability barriers by allowing clear disability discrimination to be entrenched in Ontario’s critical care triage protocol. Even though formal critical care triage has not yet been directed, there is a real danger that it has occurred on the front lines without proper public accountability e.g. by ambulance crews declining to offer critical care to some patients at roadside, when called via 911.

The Ford Government has allowed a concerted disinformation campaign to be led by those who designed the Ontario critical care triage protocol, and who are falsely claiming that there is no disability discrimination in that protocol.

Further Background

Further background on all of the issues addressed in this report card can be found on the AODA Alliance’s web site. It has separate pages, linked to its home page, addressing such topics as accessibility issues in transportation, health care, education, information and communication, the built environment, AODA enforcement, and disability issues arising during the COVID-19 pandemic, among others. Follow @aodaalliance




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Disability Rights Advocate Launches Court Application Against the Ford Government for Violating the Accessibility for Ontarians with Disabilities Act


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

May 7, 2021 Toronto: Today, blind lawyer, law professor and volunteer disability rights advocate David Lepofsky filed a court application against the Ford Government in the Ontario Divisional Court for violating a mandatory provision in the Accessibility for Ontarians with Disabilities Act (AODA). He asks the Court to order Ontarios Minister for Seniors and Accessibility to immediately post on line and otherwise make public the initial recommendations for measures needed to tear down barriers in Ontario’s education system plaguing students with disabilities and in Ontarios health care system, impeding patients with disabilities, that the Minister received from three advisory committees appointed under the AODA. Text of the notice of application and Lepofskys supporting affidavit are set out below.

The AODA requires the Ontario Government to lead Ontario to become accessible to over 2.6 million people with disabilities by 2025. It must enact and effectively enforcing a series of regulations, called accessibility standards, that spell out what organizations must do to become accessible to people with disabilities, and by when. The Government must appoint a series of committees, called Standards Development Committees, to advise on what those regulations should include.

According to section 10 of the AODA, when an advisory Standards Development Committee submits initial or draft recommendations to the Minister, the Minister is required to make those recommendations public upon receiving them, e.g. by posting them on the Governments website. Yet the ford Government sat on three sets of such initial or draft recommendations for months. The Health Care Standards Development Committee submitted its initial recommendations to the Ford Government by the end of December 2020. The K-12 Education Standards Development Committee submitted its initial recommendations to the Government on March 12, 2021. The Post-Secondary Education Standards Development Committee submitted its initial recommendations to the Government around the same time.

Just as this application was being served on the Government, the Government belatedly announced that it made public the initial recommendations of the Health Care Standards Development Committee. Lepofsky does not claim that this was triggered by the court application. However, the Government has still not made public the other two Standards Development Committees recommendations. Therefore this court application remains important and urgent.

The Ford Governments inexcusable contravention of the Accessibility for Ontarians with Disabilities Act hurts people with disabilities, by delaying overdue progress on accessibility. It is leadership by a poor example, from a Government that pledged to lead on this issue by a good example, said Lepofsky, chair of the non-partisan AODA Alliance which campaigns for accessibility for people with any kind of disability. The fact that for over five months in the middle of a pandemic, the Government sat on important recommendations on how to tear down disability barriers in Ontarios health care system impeding patients with disabilities is especially hurtful.

Lepofsky will argue that schools, colleges,, universities and health care providers deserved and were entitled to see all these initial recommendations immediately, so that they can try to put them into action where possible long before the Government enacts new regulations in this area.

People with disabilities should not have to resort to going to court to get the Ford Government to obey the law, said Lepofsky. Fortunately, Im blessed to have excellent pro bono representation by Martha McCarthy of McCarthy Hansen & Company LLP, and I have my own legal training, but no one should have to go through this.

Contact: AODA Alliance Chair David Lepofsky, [email protected] Twitter: @davidlepofsky and @aodaalliance More background at www.aodaalliance.org

Text of the May 7, 2021 Notice of Application

APPLICATION
1. The applicant makes application for:
a. Judicial review of the respondents failure to act in accordance with s. 10(1) of the Accessibility for Ontarians with Disabilities Act (the AODA), more specifically:
i. The respondents failure to make available the initial or draft recommendations of the Health Care Standards Development Committee for public viewing on a government website or through such other means as the Minister considers advisable;
ii. The respondents failure to make available the initial or draft recommendations of the K-12 Education Standards Development Committee for public viewing on a government website or through such other means as the Minister considers advisable; and,
iii. The respondents failure to make available the initial or draft recommendations of the Post-Secondary Education Standards Development Committee for public viewing on a government website or through such other means as the Minister considers advisable.
b. An order for mandamus, directing the respondent to make the documents listed in paragraph 1. a., above, immediately available to the public by posting them on a government website and by such other means the Minister considers advisable;
c. If necessary, leave for this application to be heard urgently pursuant to s. 6(2) of the Judicial Review Procedures Act and Part I of the Consolidated Practice Direction for Divisional Court Hearings; d. The applicants costs in this proceeding on a full indemnity basis; and,
e. Such further and other relief as counsel may request and as to this court seems just. 2. The grounds for the application are:
a. In or about 2017, the Government of Ontario appointed the Health Care Standards Development Committee to prepare recommendations on what should be included in a Health Care Accessibility Standard to be enacted under the AODA. A Health Care Accessibility Standard would outline disability barriers that should be removed and prevented in Ontarios health care system that impede people with disabilities.
b. In or about 2018, the Government of Ontario appointed the K-12 Education Standards Development Committee to prepare recommendations on what should be included in a Kindergarten to Grade 12 Education Accessibility Standard under the AODA. A Kindergarten to Grade 12 Accessibility Standard could require the removal and prevention of disability barriers in Ontario schools that impede students with disabilities.
c. In or about 2018, the Government of Ontario appointed the Post-Secondary Education Standards Development Committee to prepare recommendations on what should be included in a Post-Secondary Education Accessibility Standard under the AODA. A Post-Secondary Education Accessibility Standard could require the removal and prevention of disability barriers in post-secondary educational organizations such as colleges and universities in Ontario that impede students with disabilities.
d. In or about December 2020, the Health Care Standards Development Committee delivered its initial or draft recommendations to the respondent, pursuant to s. 9 of the AODA.
e. In or about March 2021, the K-12 Education Standards Development Committee delivered its initial or draft recommendations to the respondent, pursuant to s. 9 of the AODA.
f. In March 2021, the Post-Secondary Education Standards Development Committee delivered its initial or draft recommendations to the respondent, pursuant to s. 9 of the AODA.
g. Pursuant to s. 10 of the AODA, the respondent has a mandatory duty to post those initial or draft recommendations upon receiving them. Section 10(1) of the AODA provides:
10. (1) Upon receiving a proposed accessibility standard from a standards development committee under subsection 9 (5) or clause 9 (9) (c), the Minister shall make it available to the public by posting it on a government internet site and by such other means as the Minister considers advisable.
h. The respondent has not posted any of the initial or draft recommendations from any of the Committees on the Government of Ontario website or otherwise made them public.
i. The respondents failure to fulfil his mandatory statutory duty post those initial or draft recommendations of the Committees on the internet and otherwise make them public is contrary to and flies in the face of the spirit and purpose of the AODA, which is to make Ontario accessible to people with disabilities by 2025. This failure delays Ontario from reaching the goal of becoming accessible to people with disabilities in the important contexts of health care and education fields in which a lack of accessibility has dire consequences.
j. The AODA aims to effectively implement the right to equality in areas like health care and education for people with disabilities that is guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms and s. 1 of the Ontario Human Rights Code.
k. The applicant has a strong public interest in this applications issues, both as a blind person and having acted as a volunteer disability accessibility community organizer and advocate for decades. The applicant led the volunteer campaign from 1994 to 2005 to get the AODA enacted. The applicant is currently the chair of the AODA Alliance, a non-partisan coalition that leads the campaign to get the AODA implemented in a meaningful and timely manner.
l. The Government of Ontario appointed the applicant as a member of the K-12 Education Standards Development Committee, on which he has served since the Committee was established.
m. The applicant is a member and past chair of the Special Education Advisory Committee of the Toronto District School Board, established under O. Reg. 464/97.

3. The following documentary evidence will be used at the hearing of the application: a. The Affidavit of the Applicant, David Lepofsky; and,
b. Such further and other material as counsel may request and this Honourable Court will permit.

Text of the May 7, 2021 Affidavit of David Lepofsky

I, David Lepofsky, CM, O. Ont., LLB (Osgoode Hall), LLM (Harvard University), LLD (Hon. Queens University, University of Western Ontario, Law Society of Ontario), of the City of Toronto, in the Province of Ontario, AFFIRM:
1. I am the Chair of the Accessibility for Ontarians with Disabilities Act Alliance (the AODA Alliance) and am blind. As such, I have knowledge of the matters to herein deposed.
2. I affirm this affidavit in support of my application for judicial review, in which I am seeking mandamus directing the Minister of Seniors and Accessibility to fulfil his statutory duties under s. 10(1) the Accessibility for Ontarians with Disabilities Act (AODA), and for no other or improper purpose. The AODA Alliance
3. The AODA Alliance is an unincorporated, volunteer-run, non-partisan community coalition of individuals and organizations.
4. The AODA Alliance was established in the fall of 2005, shortly after the Ontario legislature enacted the AODA. Its mission is to contribute to the achievement of a barrier-free society for all persons with disabilities, by promoting and supporting the timely, effective, and comprehensive implementation of the AODA. Its activities are documented in detail on its website at http://www.aodaalliance.org.
5. The AODA Alliance is the successor to the Ontarians with Disabilities Act Committee (the ODA Committee). From 1994 to mid-2005, the ODA Committee led a non-partisan province-wide campaign, advocating for the enactment of strong, effective disability accessibility legislation in Ontario, culminating in the enactment of the AODA in 2005.
6. The AODA Alliance builds on the ODA Committees work, and draws its membership from the ODA Committee’s broad grassroots base. The work of the ODA Committee from 1994 up to the time when it finished its work in mid-2005 is documented in detail at: http://www.odacommittee.net.
7. The AODA Alliance has received broad recognition as a credible non-partisan voice on disability accessibility issues. For example:
a. The Government of Ontario and members of the provincial legislature have repeatedly and publicly recognized and commended the efforts of the AODA Alliance, and before it, the ODA Committee, for its volunteer advocacy on the cause of accessibility for people with disabilities.
b. In every provincial election starting in 1995, at least two of the major Ontario political parties have made election commitments concerning accessibility for people with disabilities. In every case where such commitments were made, they were set out in letters from the party leader to the ODA Committee up to 2005, and after that, to the AODA Alliance. For example, Premier Dalton McGuinty made his 2011 election promises on disability accessibility in his August 19, 2011 letter to me, as chair of the AODA Alliance. In the 2014 election, Premier Kathleen Wynne made her partys disability accessibility election pledges in her May 14, 2014 letter to me, as chair of the AODA Alliance. In the 2018 election, Doug Ford made his partys commitments on disability accessibility in his May 15, 2018 letter to me as chair of the AODA Alliance. All these letters are posted on one or other of the websites referred to above.
c. Our input on accessibility issues has been provided to community groups and government officials in several Canadian provinces, by the Government of Canada, and in other countries, such as Israel and New Zealand. My Involvement with the AODA Alliance
8. I am intimately familiar with the work of the AODA Alliance, and of its predecessor, the ODA Committee because:
a. I served as Co-Chair, and later as Chair, of the ODA Committee from early 1995 up to its dissolution in August 2005.
b. I was present during the establishment of the AODA Alliance and was a driving force behind its establishment as the successor to the ODA Committee. Its initial Chair was Catherine Dunphy Tardik. I initially took no leadership role with the AODA Alliance although I remained available to assist as requested.
c. In early 2006, the AODA Alliance appointed me as its Human Rights Reform Representative. I served as lead spokesperson for the AODA Alliance during controversial public and legislative debates over Bill 107, a reform to the Ontario Human Rights Code. Over that period, I worked very closely with the AODA Alliance Chair.
d. In February 2009, I became the Chair of the AODA Alliance, a position I have held to the present time.
9. My extensive work for the AODA Alliance and the ODA Committee is documented on the two websites identified above. All my work for these coalitions has been conducted as a volunteer. I have never been an employee of the AODA Alliance or the ODA Committee and have never received any salary from either organization.
10. Over more than two decades, I have had very extensive dealings with the Government of Ontario at all levels, both in my capacity with the AODA Alliance, and prior to that, as co-chair and then chair of the ODA Committee. In these capacities, I have met with Ontario Premiers, Ministers, Deputy Ministers, Secretaries of Cabinet, Assistant Deputy Ministers, and a myriad of other public officials in the Government of Ontario and the Ontario Public Service. I have similarly had extensive dealings with opposition parties and their staffs throughout my time doing volunteer work in this area.
11. I have received several awards for my volunteer activities on disability accessibility issues, including my volunteer work for the ODA Committee and later for the AODA Alliance. Among these, I was invested as a member of the Order of Canada in 1995, as a member of the Order of Ontario in 2008 and in the Terry Fox Hall of Fame in 2003. I have received honorary doctorates from Queens University, the University of Western Ontario, and the Law Society of Ontario arising from this activity.
The Non-Partisan Campaign to get the Government of Ontario to Enact a Health Care Accessibility Standard and an Education Accessibility Standard
12. The AODA requires Ontario to become accessible to people with disabilities by 2025. Under the AODA, an Ontario cabinet minister is to be designated to be responsible to lead the Acts implementation and enforcement.
13. Since June 2018, that designated lead Minister has been the respondent, Ontarios Minister for Seniors and Accessibility, the Hon. Raymond Cho (the Minister).
14. Among other things, the Minister is responsible for leading the development, enactment, and enforcement of AODA accessibility standards, in accordance with the powers, duties, and procedures set out in the AODA.
15. From 2003 to 2005, I was extensively involved in the negotiations with the Government of Ontario concerning the development of the provisions of the AODA, in my capacity as Chair of the Ontarians with Disabilities Act Committee.
16. In my capacity as AODA Alliance Chair, I have been extensively involved for years in grassroots non-partisan disability advocacy to ensure that strong and effective accessibility standards are enacted and enforced under the AODA. This has included an ongoing push since 2009 to remove and prevent the barriers that people with disabilities face in Ontarios education and health care systems.
17. If enacted, the enforceable regulations we seek would respectively be called the Education Accessibility Standard and the Health Care Accessibility Standard. Our efforts to secure the enactment of a strong Education Accessibility Standard are documented at www.aodaalliance.org/education. Our efforts to secure the enactment of a strong Health Care Accessibility Standard are set out at www.aodaalliance.org/healthcare.
18. As a result of our years of advocacy, on February 13, 2015, the Ontario cabinet minister then responsible for the AODA, the Hon. Eric Hoskins, announced that the Government of Ontario would develop and enact a Health Care Accessibility Standard under the AODA. Over one year later, on December 5, 2016, Premier Kathleen Wynne announced during Question Period in the Ontario Legislature that the Government of Ontario would develop an Education Accessibility Standard under the AODA.
19. Under the AODA, the first step required for the government to develop an accessibility standard is for the Minister responsible for the AODA to appoint an advisory committee (a Standards Development Committee) to make recommendations on what the specific accessibility standard should include. That Standards Development Committee is required to include representatives from the disability community as well as representatives from the obligated sector, such as health or education.
20. In or about 2017, the government appointed the Health Care Standards Development Committee (or the Health Care Committee) to develop recommendations on what should be included in the promised Health Care Accessibility Standard.
21. In early 2018, the government appointed two Standards Development Committees to make recommendations on what should be included in the promised Education Accessibility Standard.
a. One committee was appointed to deal with barriers impeding students with disabilities from kindergarten to grade twelve. That committee is called the K-12 Education Standards Development Committee (or the K-12 Committee).
b. The other committee was appointed to deal with barriers facing students with disabilities in post-secondary education. It is called the Post-Secondary Education Standards Development Committee (or the Post-Secondary Committee).
22. I was appointed to serve on the K-12 Committee and have spent a great many volunteer hours working on that Committee since it was established. The Standards Development Procedure Established by the AODA
23. Under the AODA, a Standards Development Committee is first required to develop initial or draft recommendations for the government. These initial or draft recommendations on what the accessibility standard in issue should include are to be submitted to the Minister. Under s. 10(1) of the AODA, upon receiving initial or draft recommendations from a Standards Development Committee, the minister is required to make those initial or draft recommendations public for at least 45 days, including posting them on the internet. The public is to be invited to give feedback on those initial or draft recommendations.
24. That public feedback is to then be given to the Standards Development Committee. The public feedback can serve as an important aid for the Standards Development Committee to refine, improve, and finalize the Committees recommendations, drawing on input from people with disabilities, the obligated sector of the economy, and the public. After that public feedback is received, the Standards Development Committee meets to review the feedback and to finalize its recommendations for the government on what the accessibility standard in issue should include.
25. Once finalized, the Standards Development Committee then is required to submit its final recommendations to the Minister. Section 10(1) of the AODA requires the Minister to make those final recommendations public upon receiving them. Thereafter, the government can enact some, all, or none of what the Standards Development Committee recommended.
These Three Standards Development Committees Have Provided their Draft Recommendations to the Government
26. By December 31, 2020, the Health Care Standards Development Committee submitted its initial or draft recommendations to the Minister. Those initial or draft recommendations have not been made public, despite the statutory requirement for the Minister to do so.
27. On or about March 12, 2021, the K-12 Committee submitted its initial or draft recommendations to the Minister. Just like the draft recommendations submitted by the Health Care Standards Development Committee, the K-12 Committees recommendations have still not been released to the public.
28. I understand that the Post-Secondary Committee submitted its initial or draft recommendations to the Minister around the same time as did the K-12 Committee. The Post-Secondary Committees recommendations have also not been released to the public.
29. I asked the Ministry of Senior Accessibility to provide the initial or draft recommendations of the Post-Secondary Committee to me, in my capacity as a member of the K-12 Committee. To date, the Ministry has not provided the Post-Secondary Committees recommendations to me.
30. I requested a copy of the Post-Secondary Committees recommendations because there is an obvious and substantial connection between its work and the work of the K-12 Education Committee. Both committees are making recommendations concerning barriers in education for students with disabilities.
31. As members of the K-12 Committee, we know about some of what the Post-Secondary Committee is recommending, because a joint subcommittee exists with representatives of the two Standards Development Committees to address technical overlap issues. There is thus no reason why we should not now have seen all of what the Post-Secondary Committee has recommended, and vice versa.
32. I have been urging the Government to quickly make public all these Standards Development Committee recommendations, on Twitter and otherwise. On April 29, 2021, I along with the rest of the K-12 Committee received the following email from the Ministry of Seniors and Accessibility: Dear K-12 Standards Development Committee members:

We hope this message finds you doing well.

We would like to provide an update on the progress of the committees initial recommendations report.
As you know, your committee Chair, Lynn Ziraldo, submitted the report and the accompanying report of the Technical Sub-Committee on Transitions to MSAA Minister Raymond Cho on March 12.
We have been busy preparing the reports for online posting, as well as translating them into French and preparing the survey that will accompany the postings. All of this work goes towards ensuring that the reports receive the most comprehensive feedback possible from the public.
As well, we understand the importance of posting this document as soon as possible, so that respondents will have a chance to consider providing input before the end of the school year. As I am sure you understand, our government is facing unprecedented challenges in delivering services to the public, and must prioritize all public-facing initiatives.
We look forward to notifying you when these postings are going to occur and appreciate your patience and understanding as we move closer to the posting date.
As always, you can reach out to the Chair, Lynn Ziraldo or the Ministry anytime with questions.

Thank you.
Accessibility for Ontarians with Disabilities Division
Ministry for Seniors and Accessibility
A copy of the email dated April 29, 2021 is attached as Exhibit A.
33. Since receiving this email, the initial or draft recommendations of these three Standards Development Committees have not been publicly posted.
No Justification for Delaying Public Posting of the Initial or Draft Recommendations of the Three Standards Development Committees
34. The Government has not provided a compelling reason why it could not have earlier posted these initial or draft recommendations.
35. The government was throughout well-aware of the work and the progress of each Standards Development Committee. The Ministry had staff organize and take part in committee meetings. Ministry staff had regular communications with each committee Chair and its members.
36. As of the date of this affidavit, the Ministry has had the final text of each set of initial or draft recommendations for ample time over five months in the case of the ones regarding health care, and almost two months in the case of those regarding education. The Ministry knew these were coming, well in advance, and what they would contain.
37. It would take little or no time to make these documents available in an accessible format. That cannot justify this delay.
38. Referring to the April 29, 2021 email quoted above, the circumstances of the COVID-19 pandemic do not justify this delay. The staff of the Ministry for Seniors and Accessibility are not responsible for leading the governments pandemic response.
39. Moreover, that email states that the during the pandemic, the Government must prioritize all public-facing initiatives. From my 33 years working in the Ontario Government before my retirement at the end of 2015, and from my extensive interaction with the Government as a disability rights community organizer and advocate, I understand this to mean that the Government wants to set priorities in the timing of messages it transmits to the public. Yet the Government can and does regularly transmit many different messages to the public at any one time. It can post multiple messages or documents on the internet on the same day. Its preferences or priorities over political messaging are not identified in s. 10 of the AODA with regard to the duty to make public a Standards Development Committees initial or draft recommendations upon the minister receiving them.
Harmful Consequences of the Delay in Making these Initial or Draft Recommendations Public
40. Ontario only has 1,335 days left before January 1, 2025, the date by which the AODA requires Ontario to become accessible to people with disabilities. This includes, among other things, a requirement that Ontario’s education system and health care system must have become accessible to people with disabilities by that date.
41. I, and many other people with disabilities, are concerned about the delay that is facing accessibility initiatives in Ontario. Ontarians with disabilities are concerned about the delay that is facing accessibility initiatives in Ontario. According to the Final Report of the Third Independent Review of the AODAs Implementation and Enforcement, by former Lieutenant Governor David Onley, prepared pursuant to s. 41 of the AODA, Ontario was not on schedule for reaching that goal on time, as of that reports date (January 31, 2019). While I have linked to the Final Report, I have not attached it as an exhibit as I am conscious of the need to keep my materials brief.
42. The delay in releasing these initial or draft recommendations hurts students with disabilities and patients with disabilities. Until Ontario enacts and effectively enforces strong and effective accessibility standards in the areas of health care and education, patients with disabilities and students with disabilities respectively will continue to suffer from the many barriers that they must face in Ontario’s health care and education systems.
43. The unfortunate reality is that this is just one of many delays that has already plagued the development of the Health Care Accessibility Standard and Education Accessibility Standard, at the hands of the government.
44. The previous government contributed to delay by taking some two years to just appoint the Health Care Committee. It also took that government over one year to appoint the K-12 Committee and the Post-Secondary Committee. In contrast, it took the government one year to develop the entire AODA and to introduce it into the Legislature for first reading in October 2004.
45. The committees work was paused during the provincial 2018 election. However, upon the current government taking office, it left the committees frozen for months. The AODA Alliance had to campaign to get the government to permit the committees to continue their work. The committees eventually returned to work in the fall of 2019. This delay, at the hands of this government, further unnecessarily delayed the eventual enactment of a Health Care Accessibility Standard and an Education Accessibility Standard.
46. I am particularly concerned about the governments inaction because it delays progress on accessibility in health care and education that could begin immediately. For example, in a speech I gave last month, I encouraged senior officials of Ontarios school boards to immediately study the K-12 recommendations and implement as many of them as possible, once the draft is public. I have been told by some officials at the Toronto District School Board (Canadas largest school board) that they want to see the initial or draft recommendations so that they can start to use the recommendations. The governments inaction is delaying this.
47. Compounding my concern about delays is the impending summer break for school boards. Boards are seldom fully operational during the summer, and further delay risks the boards not providing feedback until the fall.
48. I am also a member and past Chair of the Special Education Advisory Committee (SEAC) of the Toronto District School Board. Ontario regulations require each school board to have a SEAC to give advice on how to meet the needs of students with special education needs. I am eager for our SEAC and for each of the SEACs at every Ontario school board to see the K-12 Committees initial or draft recommendations as soon as possible, so they can recommend actions that their school boards should take now, drawing on the Standards Development Committees thorough and detailed work product.
49. In the same way, it is my aim that the Health Care Standards Development Committee draft recommendations spawn action on disability barriers in Ontario hospitals.
50. I similarly aim for the release of the Post-Secondary Education Standards Development Committees initial or draft recommendations to lead colleges and universities to act now to tackle the many barriers that students with disabilities face in those institutions. The governments delay in releasing these initial or draft recommendations further delays those much-needed actions.
51. Publicly, the government has claimed to lead by example on accessibility for people with disabilities, and to take an all of government approach to disability accessibility. For example, these commitments were made at a media event staged on February 28, 2020. It is difficult to reconcile the governments promises with its unnecessary and inexplicable delay in the release of these initial or draft recommendations.
52. The irony of the government attempting to explain its delay using the ongoing COVID-19 pandemic should not be lost on anyone. The harm caused to people with disabilities by the governments delay in fulfilling its duty to make public the committees draft recommendations is exacerbated by the COVID-19 pandemic. Two key examples come to mind:
a. First, people with disabilities are disproportionately adversely affected by COVID-19, including having higher rates of severe infection and death. For five months of the pandemic, the government has sat on the Health Care Standards Development Committees initial or draft recommendations, that could make health care more accessible to people with disabilities.

b. Second, during the pandemic, students with disabilities have faced even more barriers in Ontario’s education system. I have been involved in advocating against these, on behalf of the AODA Alliance. The government is stalling efforts to help improve the plight of students with disabilities during the pandemic by keeping secret the draft or initial recommendations of the K-12 Committee and Post-Secondary Committee. While the government waits, these students fall further behind their peers.

RG




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Disability Rights Advocate Launches Court Application Against the Ford Government for Violating the Accessibility for Ontarians with Disabilities Act – AODA Alliance


ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

Disability Rights Advocate Launches Court Application Against the Ford Government for Violating the Accessibility for Ontarians with Disabilities Act

May 7, 2021 Toronto: Today, blind lawyer, law professor and volunteer disability rights advocate David Lepofsky filed a court application against the Ford Government in the Ontario Divisional Court for violating a mandatory provision in the Accessibility for Ontarians with Disabilities Act (AODA). He asks the Court to order Ontario’s Minister for Seniors and Accessibility to immediately post on line and otherwise make public the initial recommendations for measures needed to tear down barriers in Ontario’s education system plaguing students with disabilities and in Ontario’s health care system, impeding patients with disabilities, that the Minister received from three advisory committees appointed under the AODA. Text of the notice of application and Lepofsky’s supporting affidavit are set out below.

The AODA requires the Ontario Government to lead Ontario to become accessible to over 2.6 million people with disabilities by 2025. It must enact and effectively enforcing a series of regulations, called accessibility standards, that spell out what organizations must do to become accessible to people with disabilities, and by when. The Government must appoint a series of committees, called Standards Development Committees, to advise on what those regulations should include.

According to section 10 of the AODA, when an advisory Standards Development Committee submits initial or draft recommendations to the Minister, the Minister is required to make those recommendations public upon receiving them, e.g. by posting them on the Government’s website. Yet the ford Government sat on three sets of such initial or draft recommendations for months. The Health Care Standards Development Committee submitted its initial recommendations to the Ford Government by the end of December 2020. The K-12 Education Standards Development Committee submitted its initial recommendations to the Government on March 12, 2021. The Post-Secondary Education Standards Development Committee submitted its initial recommendations to the Government around the same time.

Just as this application was being served on the Government, the Government belatedly announced that it made public the initial recommendations of the Health Care Standards Development Committee. Lepofsky does not claim that this was triggered by the court application. However, the Government has still not made public the other two Standards Development Committees’ recommendations. Therefore this court application remains important and urgent.

“The Ford Government’s inexcusable contravention of the Accessibility for Ontarians with Disabilities Act hurts people with disabilities, by delaying overdue progress on accessibility. It is leadership by a poor example, from a Government that pledged to lead on this issue by a good example,” said Lepofsky, chair of the non-partisan AODA Alliance which campaigns for accessibility for people with any kind of disability. “The fact that for over five months in the middle of a pandemic, the Government sat on important recommendations on how to tear down disability barriers in Ontario’s health care system impeding patients with disabilities is especially hurtful.”

Lepofsky will argue that schools, colleges,, universities and health care providers deserved and were entitled to see all these initial recommendations immediately, so that they can try to put them into action where possible long before the Government enacts new regulations in this area.

“People with disabilities should not have to resort to going to court to get the Ford Government to obey the law,” said Lepofsky. “Fortunately, I’m blessed to have excellent pro bono representation by Martha McCarthy of McCarthy Hansen & Company LLP, and I have my own legal training, but no one should have to go through this.”

Contact: AODA Alliance Chair David Lepofsky, [email protected] Twitter: @davidlepofsky and @aodaalliance

More background at www.aodaalliance.org

Text of the May 7, 2021 Notice of Application

APPLICATION

  1. The applicant makes application for:
  1. Judicial review of the respondent’s failure to act in accordance with s. 10(1) of the Accessibility for Ontarians with Disabilities Act (the “AODA”), more specifically:
  1. The respondent’s failure to make available the initial or draft recommendations of the Health Care Standards Development Committee for public viewing on a government website or through such other means as the Minister considers advisable;
  2. The respondent’s failure to make available the initial or draft recommendations of the K-12 Education Standards Development Committee for public viewing on a government website or through such other means as the Minister considers advisable; and,
  • The respondent’s failure to make available the initial or draft recommendations of the Post-Secondary Education Standards Development Committee for public viewing on a government website or through such other means as the Minister considers advisable.
  1. An order for mandamus, directing the respondent to make the documents listed in paragraph 1. a., above, immediately available to the public by posting them on a government website and by such other means the Minister considers advisable;
  2. If necessary, leave for this application to be heard urgently pursuant to s. 6(2) of the Judicial Review Procedures Act and Part I of the Consolidated Practice Direction for Divisional Court Hearings;
  3. The applicant’s costs in this proceeding on a full indemnity basis; and,
  4. Such further and other relief as counsel may request and as to this court seems just.
  5. The grounds for the application are:
  1. In or about 2017, the Government of Ontario appointed the Health Care Standards Development Committee to prepare recommendations on what should be included in a Health Care Accessibility Standard to be enacted under the AODA. A Health Care Accessibility Standard would outline disability barriers that should be removed and prevented in Ontario’s health care system that impede people with disabilities.
  2. In or about 2018, the Government of Ontario appointed the K-12 Education Standards Development Committee to prepare recommendations on what should be included in a Kindergarten to Grade 12 Education Accessibility Standard under the AODA. A Kindergarten to Grade 12 Accessibility Standard could require the removal and prevention of disability barriers in Ontario schools that impede students with disabilities.
  3. In or about 2018, the Government of Ontario appointed the Post-Secondary Education Standards Development Committee to prepare recommendations on what should be included in a Post-Secondary Education Accessibility Standard under the AODA. A Post-Secondary Education Accessibility Standard could require the removal and prevention of disability barriers in post-secondary educational organizations such as colleges and universities in Ontario that impede students with disabilities.
  4. In or about December 2020, the Health Care Standards Development Committee delivered its initial or draft recommendations to the respondent, pursuant to s. 9 of the AODA.
  5. In or about March 2021, the K-12 Education Standards Development Committee delivered its initial or draft recommendations to the respondent, pursuant to s. 9 of the AODA.
  6. In March 2021, the Post-Secondary Education Standards Development Committee delivered its initial or draft recommendations to the respondent, pursuant to s. 9 of the AODA.
  7. Pursuant to s. 10 of the AODA, the respondent has a mandatory duty to post those initial or draft recommendations upon receiving them. Section 10(1) of the AODA provides:
  8. (1) Upon receiving a proposed accessibility standard from a standards development committee under subsection 9 (5) or clause 9 (9) (c), the Minister shall make it available to the public by posting it on a government internet site and by such other means as the Minister considers advisable.
  9. The respondent has not posted any of the initial or draft recommendations from any of the Committees on the Government of Ontario website or otherwise made them public.
  10. The respondent’s failure to fulfil his mandatory statutory duty post those initial or draft recommendations of the Committees on the internet and otherwise make them public is contrary to and flies in the face of the spirit and purpose of the AODA, which is to make Ontario accessible to people with disabilities by 2025. This failure delays Ontario from reaching the goal of becoming accessible to people with disabilities in the important contexts of health care and education – fields in which a lack of accessibility has dire consequences.
  11. The AODA aims to effectively implement the right to equality in areas like health care and education for people with disabilities that is guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms and s. 1 of the Ontario Human Rights Code.
  12. The applicant has a strong public interest in this application’s issues, both as a blind person and having acted as a volunteer disability accessibility community organizer and advocate for decades. The applicant led the volunteer campaign from 1994 to 2005 to get the AODA The applicant is currently the chair of the AODA Alliance, a non-partisan coalition that leads the campaign to get the AODA implemented in a meaningful and timely manner.
  13. The Government of Ontario appointed the applicant as a member of the K-12 Education Standards Development Committee, on which he has served since the Committee was established.
  14. The applicant is a member and past chair of the Special Education Advisory Committee of the Toronto District School Board, established under O. Reg. 464/97.
  1. The following documentary evidence will be used at the hearing of the application:
  2. The Affidavit of the Applicant, David Lepofsky; and,
  3. Such further and other material as counsel may request and this Honourable Court will permit.

Text of the May 7, 2021 Affidavit of David Lepofsky

I, David Lepofsky, CM, O. Ont., LLB (Osgoode Hall), LLM (Harvard University), LLD (Hon. Queen’s University, University of Western Ontario, Law Society of Ontario), of the City of Toronto, in the Province of Ontario,

AFFIRM:

  1. I am the Chair of the Accessibility for Ontarians with Disabilities Act Alliance (the “AODA Alliance”) and am blind. As such, I have knowledge of the matters to herein deposed.
  2. I affirm this affidavit in support of my application for judicial review, in which I am seeking mandamus directing the Minister of Seniors and Accessibility to fulfil his statutory duties under s. 10(1) the Accessibility for Ontarians with Disabilities Act (“AODA”), and for no other or improper purpose.
  1. The AODA Alliance is an unincorporated, volunteer-run, non-partisan community coalition of individuals and organizations.
  2. The AODA Alliance was established in the fall of 2005, shortly after the Ontario legislature enacted the AODA. Its mission is to contribute to the achievement of a barrier-free society for all persons with disabilities, by promoting and supporting the timely, effective, and comprehensive implementation of the AODA. Its activities are documented in detail on its website at https://www.aodaalliance.org.
  3. The AODA Alliance is the successor to the Ontarians with Disabilities Act Committee (the “ODA Committee”). From 1994 to mid-2005, the ODA Committee led a non-partisan province-wide campaign, advocating for the enactment of strong, effective disability accessibility legislation in Ontario, culminating in the enactment of the AODA in 2005.
  4. The AODA Alliance builds on the ODA Committee’s work, and draws its membership from the ODA Committee’s broad grassroots base. The work of the ODA Committee from 1994 up to the time when it finished its work in mid-2005 is documented in detail at: http://www.odacommittee.net.
  5. The AODA Alliance has received broad recognition as a credible non-partisan voice on disability accessibility issues. For example:
    1. The Government of Ontario and members of the provincial legislature have repeatedly and publicly recognized and commended the efforts of the AODA Alliance, and before it, the ODA Committee, for its volunteer advocacy on the cause of accessibility for people with disabilities.
    2. In every provincial election starting in 1995, at least two of the major Ontario political parties have made election commitments concerning accessibility for people with disabilities. In every case where such commitments were made, they were set out in letters from the party leader to the ODA Committee up to 2005, and after that, to the AODA Alliance. For example, Premier Dalton McGuinty made his 2011 election promises on disability accessibility in his August 19, 2011 letter to me, as chair of the AODA Alliance. In the 2014 election, Premier Kathleen Wynne made her party’s disability accessibility election pledges in her May 14, 2014 letter to me, as chair of the AODA Alliance. In the 2018 election, Doug Ford made his party’s commitments on disability accessibility in his May 15, 2018 letter to me as chair of the AODA Alliance. All these letters are posted on one or other of the websites referred to above.
    3. Our input on accessibility issues has been provided to community groups and government officials in several Canadian provinces, by the Government of Canada, and in other countries, such as Israel and New Zealand.
  1. I am intimately familiar with the work of the AODA Alliance, and of its predecessor, the ODA Committee because:
    1. I served as Co-Chair, and later as Chair, of the ODA Committee from early 1995 up to its dissolution in August 2005.
    2. I was present during the establishment of the AODA Alliance and was a driving force behind its establishment as the successor to the ODA Committee. Its initial Chair was Catherine Dunphy Tardik. I initially took no leadership role with the AODA Alliance although I remained available to assist as requested.
    3. In early 2006, the AODA Alliance appointed me as its Human Rights Reform Representative. I served as lead spokesperson for the AODA Alliance during controversial public and legislative debates over Bill 107, a reform to the Ontario Human Rights Code. Over that period, I worked very closely with the AODA Alliance Chair.
    4. In February 2009, I became the Chair of the AODA Alliance, a position I have held to the present time.
  2. My extensive work for the AODA Alliance and the ODA Committee is documented on the two websites identified above. All my work for these coalitions has been conducted as a volunteer. I have never been an employee of the AODA Alliance or the ODA Committee and have never received any salary from either organization.
  3. Over more than two decades, I have had very extensive dealings with the Government of Ontario at all levels, both in my capacity with the AODA Alliance, and prior to that, as co-chair and then chair of the ODA Committee. In these capacities, I have met with Ontario Premiers, Ministers, Deputy Ministers, Secretaries of Cabinet, Assistant Deputy Ministers, and a myriad of other public officials in the Government of Ontario and the Ontario Public Service. I have similarly had extensive dealings with opposition parties and their staffs throughout my time doing volunteer work in this area.
  4. I have received several awards for my volunteer activities on disability accessibility issues, including my volunteer work for the ODA Committee and later for the AODA Alliance. Among these, I was invested as a member of the Order of Canada in 1995, as a member of the Order of Ontario in 2008 and in the Terry Fox Hall of Fame in 2003. I have received honorary doctorates from Queen’s University, the University of Western Ontario, and the Law Society of Ontario arising from this activity.
  1. The AODA requires Ontario to become accessible to people with disabilities by 2025. Under the AODA, an Ontario cabinet minister is to be designated to be responsible to lead the Act’s implementation and enforcement.
  2. Since June 2018, that designated lead Minister has been the respondent, Ontario’s Minister for Seniors and Accessibility, the Hon. Raymond Cho (the “Minister”).
  3. Among other things, the Minister is responsible for leading the development, enactment, and enforcement of AODA accessibility standards, in accordance with the powers, duties, and procedures set out in the AODA.
  4. From 2003 to 2005, I was extensively involved in the negotiations with the Government of Ontario concerning the development of the provisions of the AODA, in my capacity as Chair of the Ontarians with Disabilities Act Committee.
  5. In my capacity as AODA Alliance Chair, I have been extensively involved for years in grassroots non-partisan disability advocacy to ensure that strong and effective accessibility standards are enacted and enforced under the AODA. This has included an ongoing push since 2009 to remove and prevent the barriers that people with disabilities face in Ontario’s education and health care systems.
  6. If enacted, the enforceable regulations we seek would respectively be called the “Education Accessibility Standard” and the “Health Care Accessibility Standard”. Our efforts to secure the enactment of a strong Education Accessibility Standard are documented at aodaalliance.org/education. Our efforts to secure the enactment of a strong Health Care Accessibility Standard are set out at www.aodaalliance.org/healthcare.
  7. As a result of our years of advocacy, on February 13, 2015, the Ontario cabinet minister then responsible for the AODA, the Hon. Eric Hoskins, announced that the Government of Ontario would develop and enact a Health Care Accessibility Standard under the AODA. Over one year later, on December 5, 2016, Premier Kathleen Wynne announced during Question Period in the Ontario Legislature that the Government of Ontario would develop an Education Accessibility Standard under the AODA.
  8. Under the AODA, the first step required for the government to develop an accessibility standard is for the Minister responsible for the AODA to appoint an advisory committee (a “Standards Development Committee”) to make recommendations on what the specific accessibility standard should include. That Standards Development Committee is required to include representatives from the disability community as well as representatives from the obligated sector, such as health or education.
  9. In or about 2017, the government appointed the “Health Care Standards Development Committee” (or the “Health Care Committee”) to develop recommendations on what should be included in the promised Health Care Accessibility Standard.
  10. In early 2018, the government appointed two Standards Development Committees to make recommendations on what should be included in the promised Education Accessibility Standard.
    1. One committee was appointed to deal with barriers impeding students with disabilities from kindergarten to grade twelve. That committee is called the “K-12 Education Standards Development Committee” (or the “K-12 Committee”).
    2. The other committee was appointed to deal with barriers facing students with disabilities in post-secondary education. It is called the “Post-Secondary Education Standards Development Committee” (or the “Post-Secondary Committee”).
  11. I was appointed to serve on the K-12 Committee and have spent a great many volunteer hours working on that Committee since it was established.
  1. Under the AODA, a Standards Development Committee is first required to develop initial or draft recommendations for the government. These initial or draft recommendations on what the accessibility standard in issue should include are to be submitted to the Minister. Under s. 10(1) of the AODA, upon receiving initial or draft recommendations from a Standards Development Committee, the minister is required to make those initial or draft recommendations public for at least 45 days, including posting them on the internet. The public is to be invited to give feedback on those initial or draft recommendations.
  2. That public feedback is to then be given to the Standards Development Committee. The public feedback can serve as an important aid for the Standards Development Committee to refine, improve, and finalize the Committee’s recommendations, drawing on input from people with disabilities, the obligated sector of the economy, and the public. After that public feedback is received, the Standards Development Committee meets to review the feedback and to finalize its recommendations for the government on what the accessibility standard in issue should include.
  3. Once finalized, the Standards Development Committee then is required to submit its final recommendations to the Minister. Section 10(1) of the AODA requires the Minister to make those final recommendations public upon receiving them. Thereafter, the government can enact some, all, or none of what the Standards Development Committee recommended.
  1. By December 31, 2020, the Health Care Standards Development Committee submitted its initial or draft recommendations to the Minister. Those initial or draft recommendations have not been made public, despite the statutory requirement for the Minister to do so.
  2. On or about March 12, 2021, the K-12 Committee submitted its initial or draft recommendations to the Minister. Just like the draft recommendations submitted by the Health Care Standards Development Committee, the K-12 Committee’s recommendations have still not been released to the public.
  3. I understand that the Post-Secondary Committee submitted its initial or draft recommendations to the Minister around the same time as did the K-12 Committee. The Post-Secondary Committee’s recommendations have also not been released to the public.
  4. I asked the Ministry of Senior Accessibility to provide the initial or draft recommendations of the Post-Secondary Committee to me, in my capacity as a member of the K-12 Committee. To date, the Ministry has not provided the Post-Secondary Committee’s recommendations to me.
  5. I requested a copy of the Post-Secondary Committee’s recommendations because there is an obvious and substantial connection between its work and the work of the K-12 Education Committee. Both committees are making recommendations concerning barriers in education for students with disabilities.
  6. As members of the K-12 Committee, we know about some of what the Post-Secondary Committee is recommending, because a joint subcommittee exists with representatives of the two Standards Development Committees to address technical overlap issues. There is thus no reason why we should not now have seen all of what the Post-Secondary Committee has recommended, and vice versa.
  7. I have been urging the Government to quickly make public all these Standards Development Committee recommendations, on Twitter and otherwise. On April 29, 2021, I along with the rest of the K-12 Committee received the following email from the Ministry of Seniors and Accessibility:

Dear K-12 Standards Development Committee members:

We hope this message finds you doing well.

We would like to provide an update on the progress of the committee’s initial recommendations report.

As you know, your committee Chair, Lynn Ziraldo, submitted the report – and the accompanying report of the Technical Sub-Committee on Transitions – to MSAA Minister Raymond Cho on March 12.

We have been busy preparing the reports for online posting, as well as translating them into French and preparing the survey that will accompany the postings. All of this work goes towards ensuring that the reports receive the most comprehensive feedback possible from the public.

As well, we understand the importance of posting this document as soon as possible, so that respondents will have a chance to consider providing input before the end of the school year. As I am sure you understand, our government is facing unprecedented challenges in delivering services to the public, and must prioritize all public-facing initiatives.

We look forward to notifying you when these postings are going to occur and appreciate your patience and understanding as we move closer to the posting date.

As always, you can reach out to the Chair, Lynn Ziraldo or the Ministry anytime with questions.

Thank you.

Accessibility for Ontarians with Disabilities Division

Ministry for Seniors and Accessibility

A copy of the email dated April 29, 2021 is attached as Exhibit A.

  1. Since receiving this email, the initial or draft recommendations of these three Standards Development Committees have not been publicly posted.
  1. The Government has not provided a compelling reason why it could not have earlier posted these initial or draft recommendations.
  2. The government was throughout well-aware of the work and the progress of each Standards Development Committee. The Ministry had staff organize and take part in committee meetings. Ministry staff had regular communications with each committee Chair and its members.
  3. As of the date of this affidavit, the Ministry has had the final text of each set of initial or draft recommendations for ample time – over five months in the case of the ones regarding health care, and almost two months in the case of those regarding education. The Ministry knew these were coming, well in advance, and what they would contain.
  4. It would take little or no time to make these documents available in an accessible format. That cannot justify this delay.
  5. Referring to the April 29, 2021 email quoted above, the circumstances of the COVID-19 pandemic do not justify this delay. The staff of the Ministry for Seniors and Accessibility are not responsible for leading the government’s pandemic response.
  6. Moreover, that email states that the during the pandemic, the Government “…must prioritize all public-facing initiatives.” From my 33 years working in the Ontario Government before my retirement at the end of 2015, and from my extensive interaction with the Government as a disability rights community organizer and advocate, I understand this to mean that the Government wants to set priorities in the timing of messages it transmits to the public. Yet the Government can and does regularly transmit many different messages to the public at any one time. It can post multiple messages or documents on the internet on the same day. Its preferences or priorities over political messaging are not identified in s. 10 of the AODA with regard to the duty to make public a Standards Development Committee’s initial or draft recommendations upon the minister receiving them.
  1. Ontario only has 1,335 days left before January 1, 2025, the date by which the AODA requires Ontario to become accessible to people with disabilities. This includes, among other things, a requirement that Ontario’s education system and health care system must have become accessible to people with disabilities by that date.
  2. I, and many other people with disabilities, are concerned about the delay that is facing accessibility initiatives in Ontario. Ontarians with disabilities are concerned about the delay that is facing accessibility initiatives in Ontario. According to the Final Report of the Third Independent Review of the AODA’s Implementation and Enforcement, by former Lieutenant Governor David Onley, prepared pursuant to s. 41 of the AODA, Ontario was not on schedule for reaching that goal on time, as of that report’s date (January 31, 2019). While I have linked to the Final Report, I have not attached it as an exhibit as I am conscious of the need to keep my materials brief.
  3. The delay in releasing these initial or draft recommendations hurts students with disabilities and patients with disabilities. Until Ontario enacts and effectively enforces strong and effective accessibility standards in the areas of health care and education, patients with disabilities and students with disabilities respectively will continue to suffer from the many barriers that they must face in Ontario’s health care and education systems.
  4. The unfortunate reality is that this is just one of many delays that has already plagued the development of the Health Care Accessibility Standard and Education Accessibility Standard, at the hands of the government.
  5. The previous government contributed to delay by taking some two years to just appoint the Health Care Committee. It also took that government over one year to appoint the K-12 Committee and the Post-Secondary Committee. In contrast, it took the government one year to develop the entire AODA and to introduce it into the Legislature for first reading in October 2004.
  6. The committees’ work was paused during the provincial 2018 election. However, upon the current government taking office, it left the committees frozen for months. The AODA Alliance had to campaign to get the government to permit the committees to continue their work. The committees eventually returned to work in the fall of 2019. This delay, at the hands of this government, further unnecessarily delayed the eventual enactment of a Health Care Accessibility Standard and an Education Accessibility Standard.
  7. I am particularly concerned about the government’s inaction because it delays progress on accessibility in health care and education that could begin immediately. For example, in a speech I gave last month, I encouraged senior officials of Ontario’s school boards to immediately study the K-12 recommendations and implement as many of them as possible, once the draft is public. I have been told by some officials at the Toronto District School Board (Canada’s largest school board) that they want to see the initial or draft recommendations so that they can start to use the recommendations. The government’s inaction is delaying this.
  8. Compounding my concern about delays is the impending summer break for school boards. Boards are seldom fully operational during the summer, and further delay risks the boards not providing feedback until the fall.
  9. I am also a member and past Chair of the Special Education Advisory Committee (“SEAC”) of the Toronto District School Board. Ontario regulations require each school board to have a SEAC to give advice on how to meet the needs of students with special education needs. I am eager for our SEAC and for each of the SEACs at every Ontario school board to see the K-12 Committee’s initial or draft recommendations as soon as possible, so they can recommend actions that their school boards should take now, drawing on the Standards Development Committee’s thorough and detailed work product.
  10. In the same way, it is my aim that the Health Care Standards Development Committee draft recommendations spawn action on disability barriers in Ontario hospitals.
  11. I similarly aim for the release of the Post-Secondary Education Standards Development Committees initial or draft recommendations to lead colleges and universities to act now to tackle the many barriers that students with disabilities face in those institutions. The government’s delay in releasing these initial or draft recommendations further delays those much-needed actions.
  12. Publicly, the government has claimed to lead by example on accessibility for people with disabilities, and to take an “all of government approach” to disability accessibility. For example, these commitments were made at a media event staged on February 28, 2020. It is difficult to reconcile the government’s promises with its unnecessary and inexplicable delay in the release of these initial or draft recommendations.
  13. The irony of the government attempting to explain its delay using the ongoing COVID-19 pandemic should not be lost on anyone. The harm caused to people with disabilities by the government’s delay in fulfilling its duty to make public the committees’ draft recommendations is exacerbated by the COVID-19 pandemic. Two key examples come to mind:
    1. First, people with disabilities are disproportionately adversely affected by COVID-19, including having higher rates of severe infection and death. For five months of the pandemic, the government has sat on the Health Care Standards Development Committee’s initial or draft recommendations, that could make health care more accessible to people with disabilities.
  1. Second, during the pandemic, students with disabilities have faced even more barriers in Ontario’s education system. I have been involved in advocating against these, on behalf of the AODA Alliance. The government is stalling efforts to help improve the plight of students with disabilities during the pandemic by keeping secret the draft or initial recommendations of the K-12 Committee and Post-Secondary Committee. While the government waits, these students fall further behind their peers.



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Mental health report: Vast majority of Ontarians experiencing negative emotions amid pandemic


The Canadian Mental Health Association has launched a report that shows most Ontarians are continuing to deal with negative emotions resulting from the COVID-19 pandemic. The report was released in time for Mental Health Week, which launched Monday.

The report, which surveyed roughly 3,000 people across Ontario in January, says 84 per cent of adults said they were feeling worried, anxious, bored, stressed, lonely, isolated or sad.

Data also suggests 76 per cent of Ontarians reported coping at least fairly well with the stress of the pandemic. Sixty per cent of participants also said their screen time increased and 31 per cent reported consuming more food.

“The pandemic is one of those situations where it causes so many different things,” Alec King with CMHA Durham said.

Read more:
Whitby, Ont., therapist says more mental health resources needed for people of colour in Durham

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“It’s not just (the pandemic), it’s also the isolation, the uncertainty, the worry and the concern that people are feeling.”

King says while the data is discouraging, difficult emotions may be an appropriate response to Ontarian’s current circumstances.

“For Mental Health Week we want to talk about how it’s good to give emotions voice,” he said.

“Positive mental health isn’t about always being happy. It’s about being able to express your emotions in a way that’s healthy and good.”

Jamie Andrews was diagnosed with depression in his early 20s. He, along with many others who have struggled with their mental health, are sharing their experiences through a new mental health podcast called ‘Over Thinking.’

Read more:
‘There’s no help’: Older, rural Canadian men dying by suicide, new study reveals

“We have feelings and those feelings are telling us something, but it’s up to us to look inside and see what it is,” he said.

“We need to normalize this conversation, and that’s one of the things that I hope our goal is for the overthinking podcast.”

Other mental health advocates, like Olabiyi Dipeolu, have been working tirelessly to ensure people of all income levels can access mental health services. Dipeolu’s online retail store, Maqoba, donates its net profits to mental health services like the Centre for Addiction and Mental Health (CAMH). It also navigates users towards free, accessible resources for those who are currently struggling.

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Read more:
Canadians’ mental health further declining during COVID-19 2nd wave: study

“Even though we live in a wonderful country and we have access to mental health, not everyone knows how to find those resources,” he said.

“100 per cent of the net proceeds go to those who can’t afford mental health treatment. This is in the form of get well packages, therapy sessions, and housing opportunities.”

The CMHA encourages those currently facing mental health challenges to contact the organization. Mental health advocates encourage people to turn to friends and loved ones for additional support.





© 2021 Global News, a division of Corus Entertainment Inc.





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Group urges province to open COVID-19 vaccine pre-registration to all Ontarians


A Toronto city councillor and a group of health-care professionals are calling on the province to open COVID-19 vaccine pre-registration to all Ontarians in a bid to improve the rollout of shots.

Coun. Josh Matlow and health-care professionals from the University Health Network and the University of Toronto, posted an open letter to Premier Doug Ford, Health Minister Christine Elliott, and the co-chairs of the COVID-19 science advisory table on Wednesday.

Read more:
Scarborough hospital forced to cancel 10,000 appointments from lack of COVID-19 vaccine supply

“While the vaccine rollout offers an end in sight to the COVID-19 pandemic, too many Ontarians who have yet to be eligible for the current phase of the vaccination plan are left feeling anxious about when, and how they’ll learn that their turn will finally come,” the letter said.

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“That is why we recommend the province offer a specific category on their call-in and online booking systems that gives Ontarians an opportunity to pre-register for the vaccine.”

The letter said residents should be able to enter their date of birth, postal code, and contact information and get onto a registration list.

“Once eligible, Ontarians could receive an email and/or text message outlining the next steps on how to officially book their vaccine appointment and applicable location(s),” the letter said.

They said this could improve the management of vaccine supply, offer insight into vaccine hesitancy, and give residents the feeling of being closer to overcoming the pandemic.





© 2021 Global News, a division of Corus Entertainment Inc.





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Ontarians push back against companies denying them access to ‘non-essential’ goods


Ontario residents are pushing back against big box and discount stores cutting off access to in-store items the province has deemed ‘non-essential’ as part of the the new COVID-19 stay-at-home measures.

They argue that many of those items are essential, especially for low-income households who can’t afford to buy supplies online or at pricier retailers.

“There are a lot of things people think are everyday essentials that are roped off and I think that’s a mistake that the government overlooked,” said Sarah Colero, a person whose income relies on the Ontario Disability Support Program.

Read more:
Here’s what Ontario’s big-box stores look like as new COVID-19 state of emergency takes effect

She claims the ODSP only provides her with just under $1,200 a month and she depends on stores like Dollarama to get her supplies.

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Colero claims Dollarama has closed off access to aisles with many supplies she needs and can’t afford to purchase elsewhere.

“Cleaning supplies, menstrual products, paper towels, tissues, tin foil,” she said. “I love Dollarama because everything there is a good price and that’s really what we need, because on ODSP, we have to budget so carefully.”

Read more:
Ontario sends provincewide stay-at-home emergency alert to cell phones, devices

Dollaramas across Toronto have signs outside stores listing items that the province had deemed ‘non-essential’ and it could no longer sell in-store, including supplies related to school, office, kitchen, hair accessories and closet and bathroom.

Dollarama also doesn’t allow for curbside pickup.

Ulisse Aiello is a caregiver to his brother with autism and said he desperately needs art supplies to keep his sibling occupied.

“He has the mentality of a five-year-old so you have to do a lot of things with him to keep him busy,” Aiello said.

Read more:
Ontario issuing stay-at-home order, declares 3rd state of emergency amid COVID-19 pandemic

Aiello adds that, with their budget, he can only afford art supplies at places like Dollarama and Walmart.

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“It’s not fair that you’re closing down sections of a store that are absolutely essential to many people,” he said. 

Meanwhile, many others took to Twitter to criticize Walmart for closing off areas of their stores, including some who claimed they were denied access to child supplies and diapers.

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Dr. Andrew Boozary suggests the government should be more flexible when it comes to what is deemed ‘essential’ and ‘non-essential,’ especially to those in marginalized and low-incomes communities.

“It’s a really tough line to draw between what is essential and non-essential,” said Boozary.

“We just have to listen to the community in things that they need, things that are essential through this stretch — because we really need to know that there’s that solidarity as to which kind of neighbourhoods are at risk and which neighbourhoods are going to have the least access to support and help.”

Read more:
COVID-19: Highlights of Ontario’s new measures as stay-at-home order set to take effect Thursday

In response to Global News’ request for a statement, Ontario’s ministry of health said the rules only allow big box and discount stores to sell certain items.

“These categories are limited to: grocery items, pet care supplies, household cleaning supplies, pharmaceutical items, health care items and personal care items,” said ministry of health spokesperson Alexandra Hilkene.

“Given the vast number of types of items that big box/discount retailers sell, the prescribed categories ensure that retailers have the flexibility needed to categorize all items sold,” she added.

“Should a big box/discount store wish to sell other items, they must comply with any applicable conditions that other retailers that sell those items comply with.”

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Click to play video: 'COVID-19: Ontario hospitals suspending non-emergency surgeries'







COVID-19: Ontario hospitals suspending non-emergency surgeries


COVID-19: Ontario hospitals suspending non-emergency surgeries

Meanwhile, a Dollarama spokesperson told Global News in a statement: “We are committed to maintaining this essential role while also adhering to evolving government orders in the face of a persistent virus.

“We moved quickly (Wednesday) following the announcement of new emergency measures effective (Thursday), and we sincerely thank all our customers for their patience and understanding in what continue to be extremely difficult circumstances for Canadians from all walks of life.”

“We thank our customers for their patience and understanding as we implement the new guidelines,” said Walmart Canada media relations representative, Adam Grachnik.

“In this case, diapers are permitted for sale in our stores.”





© 2021 Global News, a division of Corus Entertainment Inc.





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‘Still far away’ from Ontarians being able to choose what COVID-19 vaccine they receive, Elliott says



Ontario Deputy Premier and Health Minister Christine Elliott said Thursday that the province is “still far away” from when Ontarians will be able to choose what vaccine they receive, because of limitations with with the Pfizer-BioNtech vaccine and the number of accessible doses.



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For over 2.6 Million Ontarians with Disabilities, Sunday January 31, 2021 Will Be The Ford Government’s Sad Two Year Anniversary of Inaction On Disability Accessibility


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

January 29, 2021

SUMMARY

Ontario is on the verge of a deeply troubling anniversary of Ontario Government inaction. This Sunday, January 31, 2021 marks the two year anniversary since the Ford Government received the blistering final report of the Independent Review of the Implementation of the Accessibility for Ontarians with Disabilities Act. This report was written by former Ontario Lieutenant Governor David Onley.

In the two years since it received this report, the Ford Government has announced no strong, comprehensive plan to implement its recommendations. Most of its recommendations have not been implemented at all. This is so even though Ontario’s Accessibility Minister, Raymond Cho said in the Legislature on April 10, 2019 that David Onley did a marvelous job and that Ontario is only 30 percent along the way towards the goal of becoming accessible to people with disabilities.

It is a wrenching irony that this anniversary of inaction comes right after we celebrated the 40th anniversary of Canada’s Parliament deciding to include equality for people with disabilities in the Canadian Charter of Rights and Freedoms. That momentous breakthrough took place on January 28, 1981, 40 years ago yesterday. The Accessibility for Ontarians with Disabilities Act was passed in no small part to implement that constitutional right to equality for people with disabilities.

Over the past two years, the AODA Alliance has spearheaded grassroots efforts to get the Ford Government to come forward with a strong and comprehensive plan to implement the Onley Report. We have offered many constructive recommendations. We have also offered the Government our help. On Twitter and in our AODA Alliance Updates, we have maintained an ongoing count of the number of days that had passed since the Government received the Onley Report, keeping the spotlight on this issue. As of today, it has been 729 days.

The Government has taken a few new actions on accessibility since it took office in June 2018, the most important of which are summarized below. But these have been slow, halting and inadequate.

MORE DETAILS

1. What the Onley Report Found About the Plight of Accessibility for Ontarians with Disabilities

In February 2018, the Ontario Government appointed David Onley to conduct a mandatory Independent Review of the AODA’s implementation and enforcement. He was mandated to recommend reforms needed to ensure that Ontario becomes accessible by 2025, the goal which the AODA requires. Based on public feedback he received, the Onley report found that the pace of change since 2005 for people with disabilities has been “glacial.” With under six years then left before 2025 (now less than four years), the Onley report found that “the promised accessible Ontario is nowhere in sight.” Onley concluded that progress on accessibility for people with disabilities under this law has been “highly selective and barely detectable.”

David Onley also found “this province is mostly inaccessible.” The Onley Report accurately concluded:

“For most disabled persons, Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers.”

The Onley Report said damning things about years of the Ontario Government’s implementation and enforcement of the AODA. He in effect found that there has been a protracted, troubling lack of Government leadership on this issue, even though two prior Government-appointed AODA Independent Reviews called for renewed, strengthened leadership:

“The Premier of Ontario could establish accessibility as a government-wide priority with the stroke of a pen. Our previous two Premiers did not listen to repeated pleas to do this.”

The Onley Report made concrete, practical recommendations to substantially strengthen the Government’s weak, flagging AODA implementation and enforcement. Set out below is the Onley Report’s summary of its recommendations. Many if not most of them echo the findings and recommendations that the AODA Alliance submitted in its detailed January 15, 2019 brief to the Onley Review. Among other things, David Onley called for the Government to substantially strengthen AODA enforcement, create new accessibility standards including for barriers in the built environment, strengthen the existing AODA accessibility standards, and reform the Government’s use of public money to ensure it is never used to create disability barriers.

2. What New Has the Ford Government Done on Accessibility Since the Onley Report?

It was good, but long overdue, that when releasing the Onley report back in March 2019, the Ford Government at last lifted its inexcusable 258 day-long freeze on the important work of three Government-appointed advisory committees. These committees were mandated under the AODA to recommend what regulations should be enacted to tear down disability barriers in Ontario’s education system impeding students with disabilities, and in Ontario’s health care system obstructing patients with disabilities. The AODA Alliance led the fight for the previous nine months to get the Ford Government to lift that freeze. Because of those delays, the Government delayed progress on accessibility for people with disabilities in health care and education. We are feeling the harmful effects of those delays during the COVID-19 pandemic.

The Ford Government’s main focus of its efforts on accessibility for people with disabilities has been on educating the public on the benefits of achieving accessibility for people with disabilities. That is work that the previous Government had been doing for over a decade. That alone will not bring about significant progress.

Since releasing the Onley Report, the Ford Government has held a couple of staged ministerial events, on January 28, 2019 and on October 29, 2019 (for which an inaccessible email invitation was sent), supposedly to announce a framework to implement the Onley Report. However they announced little, if anything, new. To the contrary, they focused on re-announcing things the Government had been doing for years, including at least one measure dating back to the Bob Rae NDP Government that was in power over a quarter century ago.

The Government has announced no plans to implement any of the recommendations for reform of accessibility standards from the Transportation Standards Development Committee (which submitted its final report to the Ontario Government in the spring of 2018, almost three years ago) or the final report of the Information and Communication Standards Development Committee (which submitted its final report some ten or eleven months ago).

The Government has had in hand for at least a month, if not more, the initial report of the Health Care Standards Development Committee. It must be posted for public comment. The Government has not posted it, or announced when it will do so. In the midst of this pandemic, swift action in the area of health care accessibility is desperately needed for people with disabilities and all Ontarians.

In the meantime, the one major new strategy on disability accessibility that the Ford Government has announced in its over two and a half years in office has been an action that David Onley never recommended and has, to our knowledge, never publicly endorsed. The Government diverted 1.3 million public dollars to the seriously problematic Rick Hansen Foundation’s private building accessibility certification program. We have made public serious concerns about that plan. The Government never acted on those concerns. Almost two years later, there is no proof that that misuse of public money led to the removal of any barriers in an Ontario building.

Despite announcing that the Government will take an all of Government approach to accessibility in response to the Onley Report, we have seen the opposite take place. TVO has not fixed the serious accessibility problems with its online learning resources, much needed during distance learning in this pandemic. The Government is building a new courthouse in downtown Toronto with serious accessibility problems about which disability advocates forewarned. During the pandemic, the Government has had circulated two successive critical care triage protocols which direct hospitals to use an approach to triage that would discriminate against some patients with disabilities and has refused to directly speak to us about these concerns. Over our objection, the Government has unleashed electric scooters on Ontarians, exposing people with disabilities to dangers to their safety and accessibility. This is all amply documented on the AODA Alliance’s website.

Over 2.6 million Ontarians with disabilities deserve better.

3. The Onley Report’s Summary of Its Recommendations

1. Renew government leadership in implementing the AODA.
Take an all-of-government approach by making accessibility the responsibility of every ministry.
Ensure that public money is never used to create or maintain accessibility barriers. Lead by example.
Coordinate Ontario’s accessibility efforts with those of the federal government and other provinces.

2. Reduce the uncertainty surrounding basic concepts in the AODA. Define accessibility.
Clarify the AODA’s relationship with the Human Rights Code.
Update the definition of disability.

3. Foster cultural change to instill accessibility into the everyday thinking of Ontarians.
Conduct a sustained multi-faceted public education campaign on accessibility with a focus on its economic and social benefits in an aging society.
Build accessibility into the curriculum at every level of the educational system, from elementary school through college and university.
Include accessibility in professional training for architects and other design fields.

4. Direct the standards development committees for K-12 and Post-Secondary Education and for Health Care to resume work as soon as possible.

5. Revamp the Information and Communications standards to keep up with rapidly changing technology.

6. Assess the need for further standards and review the general provisions of the Integrated Accessibility Standards Regulation.

7. Ensure that accessibility standards respond to the needs of people with environmental sensitivities.

8. Develop new comprehensive Built Environment accessibility standards through a process to:
Review and revise the 2013 Building Code amendments for new construction and major renovations Review and revise the Design of Public Spaces standards
Create new standards for retrofitting buildings.

9. Provide tax incentives for accessibility retrofits to buildings.

10. Introduce financial incentives to improve accessibility in residential housing.
Offer substantial grants for home renovations to improve accessibility and make similar funds available to improve rental units. Offer tax breaks to boost accessibility in new residential housing.

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

12. Enforce the AODA.
Establish a complaint mechanism for reporting AODA violations. Raise the profile of AODA enforcement.

13. Deliver more responsive, authoritative and comprehensive support for AODA implementation. Issue clear, in-depth guidelines interpreting accessibility standards.
Establish a provincewide centre or network of regional centres offering information, guidance, training and specialized advice on accessibility.
Create a comprehensive website that organizes and provides links to trusted resources on accessibility.

14. Confirm that expanded employment opportunities for people with disabilities remains a top government priority and take action to support this goal.

15. Fix a series of everyday problems that offend the dignity of people with disabilities or obstruct their participation in society.




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For over 2.6 Million Ontarians with Disabilities, Sunday January 31, 2021 Will Be The Ford Government’s Sad Two Year Anniversary of Inaction On Disability Accessibility


Accessibility for Ontarians with Disabilities Act Alliance Update

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

Web: www.aodaalliance.org Email: [email protected] Twitter: @aodaalliance Facebook: www.facebook.com/aodaalliance/

For over 2.6 Million Ontarians with Disabilities, Sunday January 31, 2021 Will Be The Ford Government’s Sad Two Year Anniversary of Inaction On Disability Accessibility

January 29, 2021

            SUMMARY

Ontario is on the verge of a deeply troubling anniversary of Ontario Government inaction. This Sunday, January 31, 2021 marks the two year anniversary since the Ford Government received the blistering  final report of the Independent Review of the Implementation of the Accessibility for Ontarians with Disabilities Act. This report was written by former Ontario Lieutenant Governor David Onley.

In the two years since it received this report, the Ford Government has announced no strong, comprehensive plan to implement its recommendations. Most of its recommendations have not been implemented at all. This is so even though Ontario’s Accessibility Minister, Raymond Cho said in the Legislature on April 10, 2019 that David Onley did a “marvelous job” and that Ontario is only 30 percent along the way towards the goal of becoming accessible to people with disabilities.

It is a wrenching irony that this anniversary of inaction comes right after we celebrated the 40th anniversary of Canada’s Parliament deciding to include equality for people with disabilities in the Canadian Charter of Rights and Freedoms. That momentous breakthrough took place on January 28, 1981, 40 years ago yesterday. The Accessibility for Ontarians with Disabilities Act was passed in no small part to implement that constitutional right to equality for people with disabilities.

Over the past two years, the AODA Alliance has spearheaded grassroots efforts to get the Ford Government to come forward with a strong and comprehensive plan to implement the Onley Report. We have offered many constructive recommendations. We have also offered the Government our help. On Twitter and in our AODA Alliance Updates, we have maintained an ongoing count of the number of days that had passed since the Government received the Onley Report, keeping the spotlight on this issue. As of today, it has been 729 days.

The Government has taken a few new actions on accessibility since it took office in June 2018, the most important of which are summarized below. But these have been slow, halting and inadequate.

            MORE DETAILS

 1. What the Onley Report Found About the Plight of Accessibility for Ontarians with Disabilities

In February 2018, the Ontario Government appointed David Onley to conduct a mandatory Independent Review of the AODA’s implementation and enforcement. He was mandated to recommend reforms needed to ensure that Ontario becomes accessible by 2025, the goal which the AODA requires. Based on public feedback he received, the Onley report found that the pace of change since 2005 for people with disabilities has been “glacial.” With under six years then left before 2025 (now less than four years), the Onley report found that “…the promised accessible Ontario is nowhere in sight.” Onley concluded that progress on accessibility for people with disabilities under this law has been “highly selective and barely detectable.”

David Onley also found “…this province is mostly inaccessible.” The Onley Report accurately concluded:

“For most disabled persons, Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers.”

The Onley Report said damning things about years of the Ontario Government’s implementation and enforcement of the AODA. He in effect found that there has been a protracted, troubling lack of Government leadership on this issue, even though two prior Government-appointed AODA Independent Reviews called for renewed, strengthened leadership:

“The Premier of Ontario could establish accessibility as a government-wide priority with the stroke of a pen. Our previous two Premiers did not listen to repeated pleas to do this.”

The Onley Report made concrete, practical recommendations to substantially strengthen the Government’s weak, flagging AODA implementation and enforcement. Set out below is the Onley Report’s summary of its recommendations. Many if not most of them echo the findings and recommendations that the AODA Alliance submitted in its detailed January 15, 2019 brief to the Onley Review. Among other things, David Onley called for the Government to substantially strengthen AODA enforcement, create new accessibility standards including for barriers in the built environment, strengthen the existing AODA accessibility standards, and reform the Government’s use of public money to ensure it is never used to create disability barriers.

 2. What New Has the Ford Government Done on Accessibility Since the Onley Report?

It was good, but long overdue, that when releasing the Onley report back in March 2019, the Ford Government at last lifted its inexcusable 258 day-long freeze on the important work of three Government-appointed advisory committees. These committees were mandated under the AODA to recommend what regulations should be enacted to tear down disability barriers in Ontario’s education system impeding students with disabilities, and in Ontario’s health care system obstructing patients with disabilities. The AODA Alliance led the fight for the previous nine months to get the Ford Government to lift that freeze. Because of those delays, the Government delayed progress on accessibility for people with disabilities in health care and education. We are feeling the harmful effects of those delays during the COVID-19 pandemic.

The Ford Government’s main focus of its efforts on accessibility for people with disabilities has been on educating the public on the benefits of achieving accessibility for people with disabilities. That is work that the previous Government had been doing for over a decade. That alone will not bring about significant progress.

Since releasing the Onley Report, the Ford Government has held a couple of staged ministerial events, on January 28, 2019 and on October 29, 2019 (for which an inaccessible email invitation was sent), supposedly to announce a framework to implement the Onley Report. However they announced little, if anything, new. To the contrary, they focused on re-announcing things the Government had been doing for years, including at least one measure dating back to the Bob Rae NDP Government that was in power over a quarter century ago.

The Government has announced no plans to implement any of the recommendations for reform of accessibility standards from the Transportation Standards Development Committee (which submitted its final report to the Ontario Government in the spring of 2018, almost three years ago) or the final report of the Information and Communication Standards Development Committee (which submitted its final report some ten or eleven months ago).

The Government has had in hand for at least a month, if not more, the initial report of the Health Care Standards Development Committee. It must be posted for public comment. The Government has not posted it, or announced when it will do so. In the midst of this pandemic, swift action in the area of health care accessibility is desperately needed for people with disabilities and all Ontarians.

In the meantime, the one major new strategy on disability accessibility that the Ford Government has announced in its over two and a half years in office has been an action that David Onley never recommended and has, to our knowledge, never publicly endorsed. The Government diverted 1.3 million public dollars to the seriously problematic Rick Hansen Foundation’s private building accessibility “certification” program. We have made public serious concerns about that plan. The Government never acted on those concerns. Almost two years later, there is no proof that that misuse of public money led to the removal of any barriers in an Ontario building.

Despite announcing that the Government will take an “all of Government” approach to accessibility in response to the Onley Report, we have seen the opposite take place. TVO has not fixed the serious accessibility problems with its online learning resources, much needed during distance learning in this pandemic. The Government is building a new courthouse in downtown Toronto with serious accessibility problems about which disability advocates forewarned. During the pandemic, the Government has had circulated two successive critical care triage protocols which direct hospitals to use an approach to triage that would discriminate against some patients with disabilities and has refused to directly speak to us about these concerns. Over our objection, the Government has unleashed electric scooters on Ontarians, exposing people with disabilities to dangers to their safety and accessibility. This is all amply documented on the AODA Alliance’s website.

Over 2.6 million Ontarians with disabilities deserve better.

 3. The Onley Report’s Summary of Its Recommendations

  1. Renew government leadership in implementing the AODA.

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

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

Lead by example.

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

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

Define “accessibility”.

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

Update the definition of “disability”.

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

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

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

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

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

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

Review and revise the Design of Public Spaces standards

Create new standards for retrofitting buildings.

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

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

Offer tax breaks to boost accessibility in new residential housing.

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

Establish a complaint mechanism for reporting AODA violations.

Raise the profile of AODA enforcement.

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

Issue clear, in-depth guidelines interpreting accessibility standards.

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

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

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



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