The Ford Government Defeated a Proposed Resolution in the Legislature that Called for a Plan to Implement David Onley’s Report on Strengthening the Implementation of Ontario’s Disabilities Act


The Government Invoked False and Hurtful Stereotypes About the Disabilities Act, Unfairly Disparaging Its Implementation and Enforcement as “Red Tape”

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

June 11, 2019

SUMMARY

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

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

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

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

Mr. Harden’s proposed resolution read as follows:

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

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

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

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

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

Why Did the Ford Government Oppose the Harden Resolution?

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

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

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

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

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

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

2. The Ford Government’s response to this proposed resolution looks like an All-out attack on the AODA itself, and its core requirement to create and enforce accessibility standards to ensure that Ontario becomes accessible by 2025. the Government in effect took the position that no AODA Built Environment Accessibility Standard should ever be enacted under the AODA, because it might be duplicative of the Ontario Building Code and confusing. Yet a new Built Environment Accessibility Standard could be created while at the same time the Ontario Building Code can be modernized, so that they are complementary and mutually reinforcing.

3. The Ford Government wrongly claimed that implementing the David Onley Report, through such measures as creating a Built Environment Accessibility Standard and more effectively enforcing the AODA, would not help people with disabilities and would just create barriers for new economic opportunities. The Onley Report and our lived experience prove the Government wrong on this score.

4. The Government wrongly claimed that Mr. Harden’s proposed resolution advocates for the Government to fine small businesses so as to drive them out of business. No one, not the Onley report, nor Mr. Harden’s proposed resolution nor the AODA Alliance, is talking about fining small businesses so as to drive them out of business.

5. The Ford Government appeared to reject outright any improvement in the AODA’s enforcement, which the Onley report found to be deficient and in need of strengthening, because there already is enforcement of the Ontario Building Code. Yet Building Code enforcement does not address barriers in customer service, employment, transportation, information and communication, or in existing buildings that are undergoing no major renovations. Moreover the Ontario Building Code’s accessibility requirements are substantially deficient. Enforcing them does not ensure the accessibility of buildings.

6. The only new action on accessibility that the Ford Government pointed to in opposing Mr. Harden’s proposed resolution was its diverting 1.3 million public dollars into the Rick Hansen Foundation’s private accessibility certification process. We explained in The May 17, 2019 AODA Alliance Update that there are serious problems with the Government diverting public money into such a private accessibility certification process.

7. To justify its opposition to this proposed resolution, the Government pointed to a number of non-legislated strategies on accessibility which were in whole or in large part launched by the previous Liberal Government under Premier Kathleen Wynne. Simply relying on the insufficient strategies of the previous Liberal Government will not yield any better and faster progress on accessibility than the previous Government’s poor record on AODA implementation and enforcementa record which the Onley Report thoroughly documented and which the Ford Government itself has blasted.

8. At least some of the Ford Government’s reasons for opposing MPP Harden’s resolution fly in the face of Doug Ford’s 2018 election pledges to Ontarians with disabilities on accessibility in his May 15, 2018 letter to the AODA Alliance. Those pledges are spelled out below and in the June 10, 2019 AODA Alliance Update.

9. The Ford Government gave no reasons for opposing the proposed resolution’s call for a plan to stop public money from again being used to create new disability barriers. To allow public money to be used to create new accessibility barriers is to mismanage public money. The Ford Government’s “brand” has been to claim that it is far superior at managing public money than previous governments.

10. The Ford Government gave no reasons for opposing the creation of a plan to ensure that design professionals (like architects) receive better accessibility training. Yet, Doug Ford’s May 15, 2018 letter to the AODA Alliance recognized

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

Below we set out:

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

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

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

* The Onley Report’s summary of its recommendations.

MORE DETAILS

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

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

1. Minister for Accessibility and Seniors Raymond Cho stated:

“Im looking forward to discussing this motion because theres lots of work that needs to be done to tear down barriers in Ontario. We all agree on this.

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

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

2 Minister for Accessibility and Seniors Raymond Cho stated:

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

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

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

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

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

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

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

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

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

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

3. Minister for Accessibility and Seniors Raymond Cho stated:

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

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

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

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

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

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

4. Accessibility Minister Cho stated:

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

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

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

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

5. PC MPP Rudy Cuzzetto stated:

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

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

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

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

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

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

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

6. PC MPP Rudy Cuzzetto stated:

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

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

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

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

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

7. PC MPP Rudy Cuzzetto stated:

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

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

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

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

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

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

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

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

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

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

8. PC MPP Natalia Kusendova said:

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

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

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

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

1. The AODA Alliance’s May 2018 online video showing serious accessibility problems at new and recently-renovated Toronto area public transit stations, available at https://www.aodaalliance.org/whats-new/news-release-grassroots-disability-coalitions-powerful-new-video-shows-serious-accessibility-problems-at-new-and-recently-renovated-public-transit-stations-in-toronto-as-the-future-of-accessibilit/ 2. The AODA Alliance’s October 2017 video showing serious accessibility problems at the new Ryerson University Student Learning Centre, available at https://www.aodaalliance.org/whats-new/news-release-grassroots-disability-coalitions-powerful-new-video-shows-serious-accessibility-problems-at-new-and-recently-renovated-public-transit-stations-in-toronto-as-the-future-of-accessibilit/

3. The AODA Alliance’s November 2016 video showing serious accessibility problems at the new Centennial College Culinary Arts Centre, available at https://www.aodaalliance.org/whats-new/news-release-grassroots-disability-coalitions-powerful-new-video-shows-serious-accessibility-problems-at-new-and-recently-renovated-public-transit-stations-in-toronto-as-the-future-of-accessibilit/ 9. PC MPP Natalia Kusendova said:

“David Onleys report calls for action on the built environment. He notes that reviewing the building code is required. When it comes to this motion, calling for a built environment standard just simply doesnt make sense. It will create duplication with the Ontario Building Code and cause red tape and confusion.

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

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

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

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

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

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

10. PC MPP Natalia Kusendova said:

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

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

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

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

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

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

11. PC MPP Natalia Kusendova said:

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

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

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

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

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

May 30th, 2019
Defeating accessibility motion is an insult to people with disabilities: NDP Accessibility Critic

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

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

Ontario Hansard May 30, 2019

Private Members Public Business

Accessibility for persons with disabilities

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

Interruption.

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

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

Once again, I recognize the member for Ottawa Centre.

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

There are a few people I want to acknowledge, Speaker, off the top, because I wouldnt be doing my job as a critic if our office didnt take the time over the last number of months to meet with people with lived experience, and people helping folks in the field. I want to acknowledge Anne Mason, Sherry Caldwell, Ashley Caldwell, Carol-Ann Schafer, Richard Aubrey, Peter Vambe, Gerry Boily, Michele Gardner, Farrah Sattaur, Ryan Hooey, Rahima Mulla, Sinead Zalitach, Kirsten Doyle, Lark Barker, David Zivot and their son Sandino Campos. If Ive missed anybodyEmily, we acknowledged you and your power earlier. Thank you for coming again. Thank you all for being here; thank you indeed.

Interjections.

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

Speaker, with your indulgence, Id like to begin with a gesture of unanimous consent. One of the first things that happened to me was that the great David Lepofsky and Thea Kurdi gave me a t-shirt. I know the rules of the House are such that for a t-shirt with lettering on it, we need to ask for unanimous consent to wear it. It reads, Disability justice is love. Id like to wear this as I make my remarks.

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

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

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

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

The Onley report is a call to action like recent climate change reports, quite frankly, are a call to action. What we know is that right now, 1.9 million people in the province of Ontario have a disability of one kind or another, and attached to them are families, loved ones and friends. So I would like to say, as the critic for people with disabilities in this building, that this isnt just an issue for anyone; this is an issue for all of us. So far as we maintain services, building infrastructure, anything in this province which discriminates against anyone, its a human rights matter.

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

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

I want to talk about Rahima Mulla, whom I met in the hall yesterday and whom weve interacted with before. I know that members in the government caucus have met with Rahima. She doesnt get to come here very often to Queens Park, Speaker, because there are not always appropriate accessible parking spaces for her. She findsas Ive talked to some of my friends up in the accessibility gallerythe narrow runway up there to be very tricky to negotiate. Thats work we have to do, quite frankly, in this building.

I want to talk about Neil, whom I met a number of days ago, earlier this week, a lovely gentleman who came in with a walker. Neil asked me to walk him into the members gallery over there and confided to me as we were walking up the aisle that he really didnt feel it was appropriate that there were stairs in front of the members gallery on the floor. He looked forward to a day when people with accessibility needs could be seated on the floor, like when the great Steven Fletcher, a member of the federal Conservative caucus, took his place in the House of Commons, as a person who lives in a wheelchair, on the floor. I look forward to the way in which we can make this building more open so that can happen.

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

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

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

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

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

Thank you, Thea, and thank you, David Lepofsky, and thank you, folks who are here with us today, for all of your advice in that regard. And never let any child feel in this province ever again that their learning doesnt matter to us. Yes, Im looking at Lark Barker over there, who advocates for dyslexia, people who have stood by children who have felt humiliated as they tried to advance in the public education system, and youve been there for them.

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

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

Interjection.

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

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

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

Thanks for listening. I look forward to the debate.

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

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

Im looking forward to discussing this motion because theres lots of work that needs to be done to tear down barriers in Ontario. We all agree on this.

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

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

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

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

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

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

Id like to thank them all for joining us today. Could we give a round of applause to the people whove joined us for this debate?

Applause.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Back in 2005and that was before I was hereall parties at the time in the Legislature unanimously supported the AODA Act. They actually said, This is not a partisan issue. Its a non-partisan issue, and were all on board. We all agree unanimously that this needs to happen, and it needs to happen by 2025.

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

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

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

The next review thats going to happen is in 2020, and as far as Im concerned, we are behind. I hear the member from the Conservative Party talking about how this is going to be more red tape and its going to have barriers for more economic opportunities. In order to get to work, there has to be a pathway to get there, so therefore places have to be accessible. Im sure that people who are capable of working want to go out and do their part; they want to feel valuable and contribute to society. But if you cant get to work because there are stairs and theres no elevator, you cant say, You dont want to work. There has to be a logical process of how to get people to work, and first we need to make sure that places of work are all accessible. That makes sense.

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

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

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

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

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

David Onleys report calls for action on the built environment. He notes that reviewing the building code is required. When it comes to this motion, calling for a built environment standard just simply doesnt make sense. It will create duplication with the Ontario Building Code and cause red tape and confusion.

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

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

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

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

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

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

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

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

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

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

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

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

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

Accessibility for persons with disabilities

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

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

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

All those opposed to the motion will please say nay.

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

(After votes on other matters.)

Accessibility for persons with disabilities

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

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

The division bells rang from 1531 to 1536.

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

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

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

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

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

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

Motion negatived.

Summary of the Recommendations of the David Onley AODA Independent Review

1. Renew government leadership in implementing the AODA.
Take an all-of-government approach by making accessibility the responsibility of every ministry.
Ensure that public money is never used to create or maintain accessibility barriers. Lead by example.
Coordinate Ontarios 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 AODAs 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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The Ford Government Defeated a Proposed Resolution in the Legislature that Called for a Plan to Implement David Onley’s Report on Strengthening the Implementation of Ontario’s Disabilities Act – The Government Invoked False and Hurtful Stereotypes About the Disabilities Act, Unfairly Disparaging Its Implementation and Enforcement as “Red Tape”


Accessibility for Ontarians with Disabilities Act Alliance Update

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

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

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

June 11, 2019

          SUMMARY

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

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

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

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

Mr. Harden’s proposed resolution read as follows:

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

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

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

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

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

Why Did the Ford Government Oppose the Harden Resolution?

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

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

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

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

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

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

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

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

Below we set out:

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

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

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

* The Onley Report’s summary of its recommendations.

          MORE DETAILS

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

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

  1. Minister for Accessibility and Seniors Raymond Cho stated:

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

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

Our comment:

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

2 Minister for Accessibility and Seniors Raymond Cho stated:

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

Our comment:

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

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

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

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

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

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

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

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

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

  1. Minister for Accessibility and Seniors Raymond Cho stated:

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

Our Comment:

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

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

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

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

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

  1. Accessibility Minister Cho stated:

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

Our comment:

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

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

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

  1. PC MPP Rudy Cuzzetto stated:

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

Our Comment:

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

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

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

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

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

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

  1. PC MPP Rudy Cuzzetto stated:

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

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

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

Our Comment:

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

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

  1. PC MPP Rudy Cuzzetto stated:

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

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

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

Our Comment:

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

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

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

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

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

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

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

  1. PC MPP Natalia Kusendova said:

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

Our Comment:

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

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

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

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

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

Our Comment:

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

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

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

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

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

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

  1. PC MPP Natalia Kusendova said:

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

Our Comment:

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

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

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

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

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

  1. PC MPP Natalia Kusendova said:

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

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

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

Our Comment:

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

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

May 30th, 2019

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

 

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

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

Ontario Hansard May 30, 2019

Private Members’ Public Business

Accessibility for persons with disabilities

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

Interruption.

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

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

Once again, I recognize the member for Ottawa Centre.

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

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

Interjections.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Interjection.

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

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

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

Thanks for listening. I look forward to the debate.

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

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

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

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

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

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

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

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

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

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

Applause.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Accessibility for persons with disabilities

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

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

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

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

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

(After votes on other matters.)

Accessibility for persons with disabilities

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

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

The division bells rang from 1531 to 1536.

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

Ayes

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

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

Nays

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

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

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

Motion negatived.

Summary of the Recommendations of the David Onley AODA Independent Review

  1. Renew government leadership in implementing the AODA.

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

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

Lead by example.

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

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

Define “accessibility”.

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

Update the definition of “disability”.

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

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

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

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

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

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

Review and revise the Design of Public Spaces standards

Create new standards for retrofitting buildings.

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

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

Offer tax breaks to boost accessibility in new residential housing.

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

Establish a complaint mechanism for reporting AODA violations.

Raise the profile of AODA enforcement.

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

Issue clear, in-depth guidelines interpreting accessibility standards.

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

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

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



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


Accessibility for Ontarians with Disabilities Act Alliance Update

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

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

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

June 10, 2019

SUMMARY

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

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

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

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

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

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

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

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

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

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

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

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

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

The Onley Report reached the same conclusion.

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

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

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

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

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

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

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

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

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

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

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

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

  1. Minister for Accessibility and Seniors Raymond Cho stated:

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

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

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

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

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

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

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

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

  1. The Minister for Accessibility and Seniors also stated:

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

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

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

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

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

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

Below we set out:

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

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

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

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

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

          MORE DETAILS

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

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

May 27, 2019 Ontario NDP News Release

May 27th, 2019

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

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

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

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

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

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

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

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

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

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

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

Ottawa Citizen May 30, 2019

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

Harden: Ontario’s accessibility standards are falling woefully short

Joel Harden

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

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

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

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

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

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

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

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

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

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

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

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

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

the MPP for Ottawa Centre.

Ontario Hansard May 29, 2019

Question Period

Accessibility for persons with disabilities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

May 15, 2018

David Lepofsky, Chair

Accessibility for Ontarians with Disabilities Act Alliance (AODA Alliance)

Dear David,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sincerely,

Doug Ford

Leader, Ontario PC Party



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


There are Many Good Reasons Why the Ford Government Should Support this Proposed Resolution

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

June 10, 2019

SUMMARY

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

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

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

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

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

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

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

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

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

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

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

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

2. In his May 15, 2018 letter, Doug Ford recognized:

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

The Onley Report reached the same conclusion.

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

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

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

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

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

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

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

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

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

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

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

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

1. Minister for Accessibility and Seniors Raymond Cho stated:

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

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

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

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

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

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

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

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

3. The Minister for Accessibility and Seniors also stated:

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

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

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

SoWhat Happened with Joel Harden’s Proposed Resolution?
So, what happened to Joel Harden’s proposed resolution? Was it passed or defeated during
debates in the Legislature on May 30, 2019? For the answer to this suspenseful question, watch for the next AODA Alliance Update. Same AODA Alliance time. Same AODA Alliance channel!

Below we set out:

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

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

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

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

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

MORE DETAILS

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

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

May 27, 2019 Ontario NDP News Release

May 27th, 2019

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

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

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

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

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

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

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

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

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

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

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

Ottawa Citizen May 30, 2019

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

Harden: Ontario’s accessibility standards are falling woefully short

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

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

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

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

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

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

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

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

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

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

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

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

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

Ontario Hansard May 29, 2019

Question Period

Accessibility for persons with disabilities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

May 15, 2018

David Lepofsky, Chair
Accessibility for Ontarians with Disabilities Act Alliance (AODA Alliance)

Dear David,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sincerely,

Doug Ford
Leader, Ontario PC Party



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


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

May 23, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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



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


Accessibility for Ontarians with Disabilities Act Alliance Update

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

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

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

May 23, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



Source link

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


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

May 15, 2019

SUMMARY

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

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

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

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

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

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

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

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

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

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

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

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

MORE DETAILS

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

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

[Le français suit]

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



Source link

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


Accessibility for Ontarians with Disabilities Act Alliance Update

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

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

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

May 15, 2019

SUMMARY

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

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

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

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

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

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

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

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

Please give the following information:

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

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

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

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

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

          MORE DETAILS

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

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

[Le français suit]

To: All Members of Parliament

Date: May 14, 2019

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

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

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

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

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

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

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

Signed:

Council of Canadians with Disabilities (CCD)

AODA Alliance

ARCH Disability Law Centre

Federal Accessibility Legislation Alliance (FALA)

Citizens with Disabilities Ontario (CWDO)

Ontario Autism Coalition

Spinal Cord Injury Canada

StopGap Foundation

Travel for All

Older Women’s Network

Physicians of Ontario Neurodevelopmental Advocacy (PONDA)

Barrier Free Canada – Canada sans Barrières

BC Coalition of People who use Guide Dogs

Keremeos Measuring Up Team

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

The Project Group Consulting Cooperative

VIEWS Ontario for the Vision Impaired

Communication Disabilities Access Canada (CDAC)

British Columbia Aboriginal Network on Disability Society (BCANDS)

DeafBlind Ontario Services

March of Dimes Canada

North Saskatchewan Independent Living Centre Inc.

Peterborough Council for Persons with Disabilities

Québec Accessible

CNIB Foundation (Ontario and Québec)

Electromagnetic Pollution Illnesses Canada Foundation (EPIC)

Ontario Federation for Cerebral Palsy

Rick Hansen Foundation

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

À: Tous les membres du Parlement

Date: 14 mai 2019

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

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

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

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

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

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

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

Lettre ouverte signée par:

Council of Canadians with Disabilities (CCD)

AODA Alliance

ARCH Disability Law Centre

Federal Accessibility Legislation Alliance (FALA)

Citizens with Disabilities Ontario (CWDO)

Ontario Autism Coalition

Spinal Cord Injury Canada

StopGap Foundation

Travel for All

Older Women’s Network

Physicians of Ontario Neurodevelopmental Advocacy (PONDA)

Barrier Free Canada – Canada sans Barrières

BC Coalition of People who use Guide Dogs

Keremeos Measuring Up Team

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

The Project Group Consulting Cooperative

VIEWS Ontario for the Vision Impaired Doing It Blind

Communication Disabilities Access Canada (CDAC)

British Columbia Aboriginal Network on Disability Society (BCANDS)

DeafBlind Ontario Services

March of Dimes Canada

North Saskatchewan Independent Living Centre Inc.

Peterborough Council for Persons with Disabilities

Québec Accessible

CNIB Foundation (Ontario and Québec)

Electromagnetic Pollution Illnesses Canada Foundation (EPIC)

Ontario Federation for Cerebral Palsy

Rick Hansen Foundation



Source link

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


Accessibility for Ontarians with Disabilities Act Alliance Update

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

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

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

May 14, 2019

          SUMMARY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

          MORE DETAILS

Senate of Canada Hansard May 13, 2019

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

Accessible Canada Bill

Third Reading

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The words of the minister.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nothing About Us Without Us.

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

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

Thank you very much.

Some Hon. Senators: Hear, hear!

[Translation]

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

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

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

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

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

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

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

[English]

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

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

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

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

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

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

(1920)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1930)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Communications intermediaries are qualified speech-language pathologists who have extra training from Communication Disabilities Access Canada, CDAC, to work in justice settings. CDAC maintains a database of trained intermediaries with limited funding from a small private foundation. These services are provided to people who require assistance, understanding questions posed to them or supporting them communicating what they want to say to police, legal and justice professionals.

In a case in Canada I recently learned about, an elderly woman indicated to her son, a police officer, that she had been sexually assaulted by a personal support worker in a retirement or long-term care facility. The woman had a stroke two years before the incident, which left her with aphasia, a communication disorder that results from damage to the language centres of the brain. She had difficulty understanding spoken language and expressing her thoughts in words, as well as difficulties in reading and writing. She communicated what happened using gestures, some speech and pointing to pictures.

The Crown attorney recognized that she would require assistance to communicate in court and engaged a communication intermediary who conducted an assessment. The intermediary concluded that the woman could effectively communicate in court if provided with appropriate communication intermediary support to ensure that she rephrase questions posed to her in ways she could understand and to facilitate her responses using pictures. The judge denied the woman access to the communication supports that she required to testify.

This case illustrates the lack of understanding about accessibility accommodations required by a victim, witnesses or an accused person who has speech and language disability.

Having strong accessibility legislation in place makes it mandatory for all justice services to provide people with the communication accommodations and supports they need, including communication boards, speech-generating devices, sign language interpretation, captioning and communications assistance devices, and is an important move in ensuring that the policy objectives of this bill are realized. Access to appropriate supports for people living with disabilities that affect communications would go beyond our justice system and would also include access to health services, education and more.

Honourable senators, I want to share with you one other brief story, the story of a friend of mine of 30 years who in the past several months came to know all too well the challenges associated with difficulty in communications. Kim Clarke Champniss, as some of you will recall from his work in the heyday of MuchMusic as a veejay, TV producer and a challenging interviewer of the world’s top rock and roll artists, lost his voice permanently in the past months due to radical throat surgery that was used to address throat cancer.

I’ve watched Kim over the last weeks and months heroically take on this challenge, including the challenge of access to supports and technologies that would assist in his ability to continue engaging in the world with his upbeat energy and curiosity about the human condition. Kim will get through this. He would say, “I’m all right, Tone. I’m all right.” But Kim would also wish for better services for those who were alongside him and those who will undoubtedly follow him with communications challenges.

I would urge the government to ensure someone with a disability that affects their speech, language and communication be considered as a member of the board of the proposed Canadian Accessibility Standards Development Organization, CASDO, which was mentioned earlier. Their contributions would greatly benefit the 500,000 people living with speech and language difficulties and ensure that no one is left behind.

I would also like to recognize that standards and regulations under Bill C-81 will need to be updated every five years, which allows for changes in innovation. They will also require public review before they are adopted.

I close by saying, senators, that Bill C-81 needs to pass now. We have an obligation as parliamentarians and senators to protect the needs of all Canadians, especially those who are among the most vulnerable in our society. I strongly believe that acknowledging this community is an essential part of meeting the objectives of this bill, which will ultimately aim to remove and prevent barriers for all people in this country.

I end by thanking Barbara Collier, who has been a tireless advocate for a communications amendment passed in the House of Commons. With these final words, I would ask my honourable colleagues to join me in voting in favour of Bill C-81, An Act to ensure a barrier-free Canada. Thank you, all.

The Hon. the Speaker: Is it your pleasure, honourable senators, to adopt the motion?

Hon. Senators: Agreed.

(Motion agreed to and bill, as amended, read third time and passed.)



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Canada’s Senate Passed Bill C-81, the Proposed Accessible Canada Act, on Third Reading Last Evening, Replete with All the Amendments that the Senate’s Standing Committee Made to Improve the Bill


But Will the Federal Government Vote to Ratify All Those Amendments When the Bill Returns to the House of Commons?

Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

May 14, 2019

SUMMARY

Last evening the Senate of Canada passed Bill C-81, the proposed Accessible Canada Act, on Third Reading, complete with all the amendments that the Senate’s Standing Committee on Social Affairs added to the bill on May 2, 2019. This is an important step forward for this bill, and a helpful step for people with disabilities in Canada. Below we set out the Hansard transcript of the Third Reading debates on Bill C-81 that took place in the Senate last evening.

The first among the speeches on the bill was by Senator Jim Munson. Senator Munson is the Federal Government’s sponsor of the bill in the Senate. It is likely that some or all of his speech was written by the Federal Government.

Bill C-81 is not yet an enforceable law. It is still just a bill, a proposed law.

For Bill C-81 to become a law, it must go back to the House of Commons. The House must vote on the amendments that the Senate has added to the bill. If the House of Commons passes all those amendments, Bill C-81 becomes a law. If the House of Commons does not pass some or all of those amendments, it remains a bill, a proposed law. The Senate would then have to vote again on the bill, but without the Senate’s amendments.

Thus, all attention must now focus on the House of Commons, and especially on the Trudeau Government which has a majority of seats in the House. The Federal Government has not yet said it will vote for all the Senate’s amendments to Bill C-81.

As we announced days ago, we and many other people with disabilities and disability organizations are campaigning to get the House of Commons to pass ALL the amendments to the bill that the Senate has just passed. We are focusing special attention on the Senate’s commendable amendments that would set the time line of 2040 for Canada to reach full accessibility to people with disabilities, while making it clear that this may not delay progress before then on accessibility.

For tips on how to help with this time-sensitive blitz, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

Please email or tweet as many Members of Parliament as you can. Press them to agree to pass all the amendments that the Senate Standing Committee made to Bill C-81. For action tips on how you can help press the Federal Government to agree to pass ALL the amendments to Bill C-81 that the Senate passed, and to read our May 6, 2019 letter to federal Disabilities Minister Carla Qualtrough (explaining why we need all these amendments passed), visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/ To find your MP’s email address or Twitter handle, visit https://www.ourcommons.ca/en and search for their contact information.

To read the text of the Senate Standing Committee’s amendments to Bill C-81, and a good explanation of them by the ARCH Disability Law Centre, visit https://www.aodaalliance.org/whats-new/more-specifics-on-the-amendments-to-bill-c-81-the-proposed-accessible-canada-act-that-the-senates-standing-committee-passed-and-that-we-want-the-house-of-commons-to-ratify-still-no-commitment-by /

To watch the captioned video of AODA Alliance Chair David Lepofsky’s opening statement at the Senate Standing Committee on April 11, 2019 (10 minutes), visit: https://www.youtube.com/watch?v=FERCAljHbrw&feature=em-uploademail

To watch a captioned video of the portion of the Senate Standing Committee’s question-and-answer after that opening statement, where the AODA Alliance answers questions directed to us (26 minutes), visit https://www.youtube.com/watch?v=Dr0fCtB_cyw&feature=em-uploademail

To read the AODA Alliance’s May 6, 2019 letter to federal Disabilities Minister Carla Qualtrough, explaining why it is important for the Federal Government to agree to pass all the amendments to Bill C-81 that the Senate has now passed, visit https://www.aodaalliance.org/whats-new/help-our-new-blitz-to-get-the-house-of-commons-to-swiftly-ratify-all-the-amendments-to-bill-c-81the-proposed-accessible-canada-act-that-the-senate-standing-committee-has-passed/

Our overall strategy regarding Bill C-81 is unfolding as we planned. The Senate’s amendments, for which we and others fought so hard, help improve this bill. The bill clearly needed improvements. Now the issue will come before the House of Commons just months before an impending federal election.

From a disability advocacy perspective, this timing is very helpful to our cause. What elected politician or party would want to vote against measures to strengthen the protections for people with disabilities, especially with an election looming? What elected politician or party would want to cast a vote now that would delay Bill C-81 from becoming a law?

For all the background on our efforts to get the Federal Government to enact a strong and effective national accessibility law, visit www.aodaalliance.org/canada

Please send us your feedback. Email us at [email protected]

MORE DETAILS

Senate of Canada Hansard May 13, 2019

Originally posted at https://sencanada.ca/en/content/sen/chamber/421/debates/287db_2019-05-13-e

Accessible Canada Bill

Third Reading

Hon. Jim Munson moved third reading of Bill C-81, An Act to ensure a barrier-free Canada, as amended.

He said: Honourable senators, what a journey we have been on. What a journey all of us have been on.

Senators, as the sponsor of this bill, I’m pleased to speak tonight at the third reading of Bill C-81, An Act to ensure a barrier-free Canada, also known as the Accessible Canada Act. I am humbled and honoured to speak to a bill that will no doubt become a proud part of Canadian history.

Making history takes dedication, hard work and perseverance. So I want to acknowledge the work of many people who helped get this bill to this stage.

I want to thank the chair and deputy chair of the Standing Senate Committee on Social Affairs, Science and Technology, Senators Petitclerc and Seidman, and all members who attended the committee meetings. Questions were engaging and led to an enlightening input from witnesses and to constructive amendments. This committee works so well together; I am honoured to be a member.

Thank you also to our clerk and administrator, Dan Charbonneau and Ericka Dupont, for arranging sign language, ASL, and CART services, Communication Access Real-time Translation, and the special room set-up, which helped to make the Senate committee meetings the most accessible to date. The Senate should be proud in this regard. We have shown leadership by example.

I also want to acknowledge the incredible work of the Minister of Public Services and Procurement and Accessibility, Carla Qualtrough. She and her team have shown great leadership on accessibility, and I can confidently say that Bill C-81 enjoys widespread support due to their efforts.

Most importantly, I want to recognize persons with disabilities, stakeholders, and organizations who all play a crucial role in accessibility in Canada. They have all invested tremendous work and energy into this historic bill, ensuring that it reflects the priorities of persons with disabilities. Their contributions have been instrumental in getting the bill in its amended form to this stage. Thank you for sharing your personal experiences and stories with us. I know it takes courage. We could not have done any of this without your involvement and expertise. Some of those folks are here in the Senate tonight.

Senators Petitclerc and Seidman gave excellent speeches at the report stage of the bill last week, summarizing the amendments that were adopted at committee. I will not go over the amendments and details again. However, I do want to highlight some important testimony.

Over the course of our committee hearings we heard repeatedly that the time for an accessible Canada act is now. Canadians facing barriers to fully participating in their workplaces and society told us and are still telling us to pass this bill into law. Here is what Bill Adair from Spinal Cord Injury Canada and with the Federal Accessibility Legislation Alliance, or FALA, told us at committee:

What people are telling us across the country who are participating with FALA is: We want the bill. Give us something to work with. Yes, push for the changes, but at the end of the day, before the election, we want the bill. That gives us structure and the framework so that we can get to work on removing barriers and we want it now. We’ve been waiting far too long and this is our day.

Senators, everyone is eager to see this bill become law. We must continue our essential work in order to take it over the finish line. This community has waited long enough for this recognition and respect.

Another significant and positive change is that Bill C-81 will shift the responsibility on to the system and away from the individuals facing barriers in their daily lives. Diane Bergeron from CNIB said during her testimony:

Having a disability is exhausting, and I do not say that lightly. But when you have to deal with discrimination, rights violations, different pieces of legislation, criticisms, people not thinking that you have value, it makes it worse. The current system is unfair and unacceptable.

Colleagues, we know the history. It is one of institutionalization, sterilization and social isolation. Canada had a system that took children away from their families and power away from our citizens. Persons with disabilities were seen as burdens and treated as if they were broken. Our country simply cannot continue to place the burden of advancing human rights on individuals. We can do better, and we must do better. In fact, with this bill we will do better.

In addition to this necessary shift in responsibility, the accessible Canada act, when passed, will set best practices and a framework that the provinces and the private sector can mirror. Most importantly, this bill will start to shift culture, perception and understanding of what inclusion in our society should really look like. I cannot come up with a better analogy that encompasses my hope for what this legislation will achieve than that of Minister Qualtrough. You have to be a sports fan to get this. I couldn’t agree more when she said at committee:

I think we will look back on this as a “TSN Turning Point” on disability rights and the way we talk about disability in this country.

The words of the minister.

Honourable senators, in 2017, approximately 6.2 million people, or about 22 per cent of Canadians aged 15 years and older, reported being limited in their daily activities due to a disability. This percentage is expected to increase in the coming years due to Canada’s aging population, since the prevalence of disability increases with age. This is why the government consulted with over 6,000 individuals from across the country with lived experience over the course of this bill’s development. They have continued to be consulted and included as witnesses and experts at committee so that we can use their knowledge and their experiences to help drive the change needed for a better tomorrow.

One of those witnesses was Steven Estey from Nova Scotia, from the Council of Canadians with Disabilities. This organization helped facilitate some of these consultations. Mr. Estey gave us a good summary of what that meant. He said:

. . . to talk to Canadians with disabilities about what they wanted in this legislation. We had a chance to talk to over a thousand people across the country. We had 22 separate consultations in towns and cities across the country. We had telephone consultations. We had Internet consultations. We really spent a lot of time trying to figure out what people wanted to see in this legislation. It’s an important thing for us to be involved with. We have really appreciated the opportunity and the support that we have had to be able to do that.

This is what inclusion looks like, honourable senators. Consultation, collaboration, cooperation and real input from real life experience. I know that the finer points of the bill have been outlined to you many times, including by myself, but I do want to talk again about the Canadian accessibility standards development organization. The landmark importance of the CASDO board membership aligning with the community’s mantra of “nothing about us without us.” Think about it. Because it’s the board membership who will be responsible, with their own lived experience, in making standards.

I’ve always said this, that you need to be in the room when it comes to communications. It is just as important in policy making; you need to be in the room to make a difference and to influence change. In this case, CASDO will set regulations that will lead to better results for people in this country. I hope it reoccurs in other areas of policy development. Applying a disability lens is crucial in moving forward.

Barbara Collier, Executive Director of Communication Disabilities Access Canada explained in her testimony at committee what that organization represents. Her list included people with or affected by cerebral palsy, autism spectrum disorder, Down’s syndrome, learning disability, fetal alcohol syndrome, cognitive and intellectual disability, acquired brain injury, aphasia after a stroke, dementia, head and neck cancer, Lou Gehrig’s disease or ALS, Parkinson’s disease and multiple sclerosis.

(1910)

Senators, these are common conditions. It made me realize again that we will all face barriers to fully participating in society at some point in our lives. This is legislation that will affect us all in a positive way.

We learned at committee that many wheels are already in motion in anticipation of the bill coming into force. Job postings are already online for the chief accessibility officer and the CEO and board of the Canadian Accessibility Standards Development Organization, or CASDO. In fact, CASDO is expected to open its doors this summer. We know that the organizations responsible for accessibility have taken advanced steps towards planning regulations. In fact, the Canadian Transportation Agency, or CTA, has already released the first draft of its accessibility regulations.

Committee members gave the bill and its adopted amendments a deserved thorough study and consideration despite time constraints. I know that many of these amendments came right from the community, witnesses and organizations; I think we should pass the bill with these changes and let the other place do its job and reflect on our amendments. This is the process of our democracy and of our Parliament. We all need to move swiftly.

I will say it again: An accessible Canada act is a long-overdue recognition for human rights equality for 6.2 million or one in five Canadians. The 2017 disability survey also indicated that of the approximately 1.5 million Canadians with a disability aged 15 to 64 who are unemployed, approximately 654,000 are potential candidates for work in an inclusive, discrimination-free and accommodating labour market.

Yes, senators, there is a business case for inclusion. There is a huge untapped talent pool that could help improve Canada’s shrinking labour market.

As I mentioned, the spirit of collaboration on this bill has been and continues to be exceptional. I’m always an optimist, so over the course of study and consultations it became obvious that the removal of barriers is universal in scope and understanding. Together, our society is ready to take this step, the first of many towards a fair and equal-opportunity society. The momentum is with us.

Colleagues, I am proud of Bill C-81. I am proud of the amendments made at committee. We need to send the amended bill to the other place this week so that we can receive it back in time to do what Canadians have been asking us to do through testimony, letters, emails and phone calls: Give Canada a framework toward being barrier-free and accessible for all.

This is the time, colleagues. This is their time. It’s our opportunity to help make this happen and to be on the right side of history.

I will close tonight with some words from the great Jean Vanier, the master of inclusion. As you know, he passed away last week at the age of 90. At a 1998 Massey Lecture entitled Becoming Human, he said:

As we become more conscious of the uniqueness of others, we become aware of our common humanity. We are all fundamentally the same, no matter what our age, gender, race, culture, religion, limits or handicaps may be.

Honourable senators, as I said at the beginning of my speech, we are on a shared journey. What we have discovered on this journey is a new path of inclusion, a path where, as they say in the disability community:

Nothing About Us Without Us.

I recognize we haven’t satisfied everyone. That’s the way it is when you’re building something we have never had before: a Canada without barriers.

But we have done our job. We have discovered more about each other. We have captured the meaning of empathy. We have amended the bill. We recognize there will always be next steps. This is a step toward a more inclusive society.

Thank you very much.

Some Hon. Senators: Hear, hear!

[Translation]

Hon. Thanh Hai Ngo: Honourable senators, I rise today at third reading stage of Bill C-81, An Act to ensure a barrier-free Canada.

For one last time, I want to express my full support for the bill and commend the Standing Senate Committee on Social Affairs, Science and Technology on its excellent work. I also want to acknowledge the work of the chair of the committee, Senator Petitclerc, as well as that of the deputy chair, Senator Seidman, on a decisive and historic bill for Canada.

I won’t get into the details of the thorough review undertaken by the committee, since Senators Petitclerc and Seidman already did so quite eloquently. However, I’d like to draw your attention to the remarkable work that the committee has done since March 21, 2019.

The committee studied the bill in depth over the course of four meetings, with the intention of widening its scope. After hearing testimony from 20 interest groups four organizations, the committee did indeed make changes that are favourable to the primary goal of the bill.

Although I’m not a member of that committee, it is clear that those long, well-informed deliberations led to the adoption of 11 amendments. Through those deliberations, the vast and unique needs of many groups of disabled persons were identified by the committee, which led to specific amendments that improve Bill C-81 without jeopardizing its long-awaited passing.

To sum up, the changes to the bill remain faithful to its principles while doing more to recognize, eliminate and prevent barriers in all areas of federal jurisdiction. This new version of the bill also takes into account the fact that seniors living with disabilities also experience multiple and intersecting forms of marginalization and discrimination.

Another amendment recognizes sign languages as the primary language for communication by deaf persons in Canada and an integral part of their accessibility. After all, the recognition of sign languages constitutes an essential part of their culture and a valuable tool that enables them to participate in society.

[English]

Honourable senators, these are some examples of the positive changes that were made to the bill in consultation with experts and in collaboration with the extensive work that was previously accomplished in the other place.

I feel this bill should also act as a signal and reminder to the government regarding the recent news of 34 developmentally disabled federal workers who hold segregated and redundant jobs in Ottawa. Their contract is set to end in March 2020. I hope that, once enacted, this law will eventually represent further actions for every Canadian with a disability in order to help them become full, equal members of society.

After all, a barrier-free Canada requires us to understand the norms, societal attitudes and stigma that prevents people with intellectual, cognitive and physical disabilities from fully participating in society.

I truly believe this bill, once enacted, will be a tool for many organizations that are ready and have been patiently preparing for the implementation in order to respond to these emergent challenges and obstacles.

Honourable senators, this historic law is a testament of the great work that was accomplished in the hallmarks of this great chamber in defence of the rights of minorities.

It marks a new beginning. We will transform and address accessibility by becoming proactive instead of reactive for Canadians who do not want to be treated as a burden but as full and equal members of society as we continue to grow and learn how to become more inclusive. Thank you.

(1920)

Hon. Marty Deacon: Honourable senators, I rise to speak to Bill C-81, An Act to ensure a barrier-free Canada. I have listened with great interest to my colleagues, as well as to the many witnesses we had at the Social Affairs Committee. I speak today to share with you my perspective, my story, based on a lifetime of learning and action in this very important area.

When I arrived in Senate 15 months ago, there was much to learn; there is still much to learn. For instance, when I arrived here, I had incorrectly assumed that accessibility had already been addressed as a national issue with a fulsome national strategy. Why? Because my own formal leadership on accessibility began in Ontario, 14 years ago. I thought silly me that the same regulations were being mandated nationally, given how much time had elapsed since this successful law in Ontario was implemented and began its implementation in 2005.

Honourable senators, 2019 is far too late in the game to be discussing and mandating accessibility for all at the federal level, and it’s why the bill before us is so important.

In my previous life, as an educator, every day I was faced with an issue by a student, their family, a teacher or a community member who challenged fair, equitable and inclusive access. One case and sometimes it just takes one in particular crystallized for me what would be become a lifetime commitment to universal accessibility.

Imagine now a single mother with six children, all under the age of 10. Three of them carry the positive gene for Duchenne’s disease, a severe type of muscular dystrophy that over time reduces muscular function. It eventually results in the young person being immobilized, weakened and in need of a wheelchair.

The family survives on a low income, and, frankly, the school and the community are their lifeline. As principal of the school, on a one-floor facility, my staff and I gave the family everything we had, from meals to fundraisers, to transportation, to tutoring, and finally to the purchase of a well-used wheelchair for her oldest son, Ricky.

This school goes up to Grade 6, and now it becomes time for Ricky to graduate from junior school and move on to middle school. We meet with a team of educators and medical support people to determine the best plan for Ricky. As a former secondary school administrator, new to elementary administration, I learn that due to Ricky’s physical needs he will not be able to attend the middle school just down the road. There are just too many accessibility issues. Eventually, I learn that he will have to take a 50-minute bus ride to the nearest school that will provide some sort of wheelchair access.

How do I tell his mother, with so much on her plate already, that her son will now spend over 100 minutes a day with strangers, with different untrained bus drivers, travelling on several highways, with no significant network of support, and that in two years, if Ricky is able to keep on attending school, his ride to high school will be even more challenging and disconnected with yet another group of young people, all at the same time his condition worsens and that in two years she will have to go through this all over again with her next child?

As it turned out, it was a hard lesson I needed to learn. This was in 2005, the same year that the Ontarians with Disabilities Act became law. As you know, the act was aimed at identifying, removing and preventing barriers for people with disabilities. It applied then to government, non-profit and private sector businesses in Ontario that have one or more employees.

My own school board needed an established leader to commit to this AODA work for at least three years. Somewhat fortuitously, I was invited to take on this role. It was going to be tough work, very political, but an opportunity to bring many internal and external stakeholders together to do the right thing. Most of the table I worked with was represented by those representing diverse accessibility needs in our community. My job would be to ensure that all aspects of the act were being addressed, that all staff and volunteers were trained, that we had an accessibility policy and procedures, and that we had a multi-year accessibility plan with annual public updates, timelines and monitoring in place. I continued this leadership for 10 years. The work was ongoing and a challenge politically, financially and ensuring equity while the voices of all were heard.

Senator Moncion highlighted her work related to the AODA at second reading. I will not repeat her message. However, I will indicate how the “visible” and “invisible” needs of those with a disability are far-reaching and diverse. We started with the built environment and spaces in 130 buildings and new builds. I learned more about architecture, facility design, ramps, lifts, nine styles of elevators, more than I dreamed possible. One basic washroom to upgrade for one child was $35,000; one elevator was half a million dollars. How do you prioritize? Every student matters.

These are the more visible physical needs we are familiar with. It’s the invisible needs that are often overlooked; that is, making sure every individual just as we do in the Senate feels they are part of their community.

As a result of deep consultation, we were determined that every decision had to result in our students being able to attend a school within their family of schools, which is a geographically smaller region. This would not be the closest to their home, perhaps, but still in their community full stop. We had to find the way and we did. Every decision was and continues to be backward mapped with this in mind; that is, to find a way to keep our students and families in their community.

Honourable senators, imagine your son or daughter being told they could go on a bus for a class trip with their classmates on a bus all by themselves not with their friends, not with their peers.

One of my proudest moments was meeting with 200 bus drivers, getting some buses retrofitted, modified and ensuring more of our students could travel and experience being with their classmates. The visible need was physically getting the student to their destination by ensuring the best barrier-free environment. The invisible need was ensuring the student would not be stigmatized on a separate bus and they could contribute and participate in this class trip to the same extent as their peers something they deserve.

This is why this legislation is so important. It will aim to make federally regulated entities so much more accessible. However, it will also unlock the potential of a huge group of Canadians who have been held back in one way or another. It will allow them to participate and contribute to their community in ways that, quite frankly, they should have been able to do long ago. With this legislation, Canada could become a world leader in accessibly. This leadership is sorely needed.

In my role as an international coach and sports leader travelling internationally, I saw first-hand and continue to see first-hand the great disparity in the respect and understanding of what it means to try to embrace and provide support for those with a disability. I observed countries that “hid” those with disabilities, countries whose representatives said to my face, “We have no citizens with disabilities.” I watched first-hand a political leader of a G7 country, while on Canadian soil, say, “There is no place for athletes with a disability in a major sporting event.”

Thankfully, this culture is changing. I’m excited to say, after 12 years of advocacy, my sport will have its debut at the 2020 Paralympics in Tokyo. To get to this point, again, we had to educate the countries that did not support their para-athletes and para-children, and did not demonstrate their beliefs in accessibility or inclusion. This has taken over a decade.

This past weekend, at Carleton University in Ottawa, I was able to speak with families and para-athletes from many countries about what sport means to them, what it means to be barrier-free and the work that must still continue around the world. The passage of Bill C-81 for Canada will set the kind of example needed to keep this momentum going.

Senators, I want to shift my thinking before I wrap up. I want to thank the steering committee of the Social Affairs Committee Senator Munson, Senator Seidman and our chair, Senator Petitclerc, for guiding us through such a comprehensive and in-depth process. You have heard that said earlier this evening. It is so very true. It was a collective effort by all groups and caucuses represented at committee, and that showed in fulsome but respectful discussions that played out at clause-by-clause consideration of the bill, which led to some good amendments in the legislation.

To the large but important number of Canadians who will be directly affected by this legislation, I can say to you with confidence that every member of the Social Affairs Committee has listened to your concerns. I want to thank the many individuals who gave us such compelling evidence at committee, as well as the hundreds who took the time to write and meet with us. Colleagues, many of these stakeholders have been advocating for years. They are very tired, exhausted but hopeful for the immediate passage of this bill.

(1930)

While no piece of legislation is perfect, I am confident that the bill before us gives us a solid foundation and permission to rebuild our culture in the years to come. A senator last week reminded me that there is progress and there is perfection. This bill is no different. Bill C-81, the time for all is now. Thank you.

Hon. Yonah Martin (Deputy Leader of the Opposition): Honourable senators, I rise today also to speak very briefly at third reading of Bill C-81, An Act to ensure a barrier-free Canada. Bill C-81 enacts the accessible Canada act in order to enhance the full and equal participation of all persons, especially persons living with disability, in our society. This bill will require federally regulated entities across the country to ensure accessibility to workplaces, public spaces, employment, programs, services and information.

Bill C-81, as others have stated, is an important step in the right direction to address the barriers that many Canadians face. The message that we have heard from advocates has been the same: Bill C-81 is a good bill and deserves to be enacted into law but no one can be certain of the full effect that this bill will eventually have. This will require further knowledge and learning from a practical perspective and a commitment to work in consultation with stakeholders across Canada.

I want to associate myself with some of the very important comments that have been made in this chamber and especially recognize our colleague Senator Munson, who has dedicated so much of his life to really be quite a voice and a champion for Canadians with disabilities and, of course, on issues like autism. He has been a cosponsor on a number of events, and we have done some meaningful work together. I know that one of the motions that we cosponsored that recognized June as Deafblind Awareness Month recognizes this important subgroup of Canadians who are living with some incredible challenges.

This motion was adopted unanimously in 2015, and it was sort of thanks to our retired former colleague Senator Vim Kochhar who many of us know to be a real champion and a strong voice for Canadians living with physical disabilities as well as other disabilities. Through his outstanding effort and inspiration, we have worked together to achieve certain outcomes through the Senate. Senator Kochhar also cofounded the Canadian Helen Keller Centre and Rotary Cheshire Home, which is said to be one of the only facilities in the world where those who live with deaf-blindness can live independently.

Some of the intervenors who have come to the Hill have spoken about their work to help Canadians living with deaf-blindness communicate. Their work is truly astonishing. It’s a real calling for them to serve in this capacity. They work in a unique space where they allow those who cannot communicate otherwise to communicate with the outside world.

I also know that the work of our former colleague Senator Asha Seth also led to a motion to designate May as National Vision Health Month. That, too, was unanimously adopted in the Senate.

I stand together with many of you who have spoken on this measure and also recognize the great work of our Social Affairs Committee, the chair, the deputy chair and committee members to ensure that important amendments were adopted that will help towards ensuring a barrier-free Canada as is envisioned in this bill.

I had the opportunity to meet with the Canadian Association of the Deaf and President Frank Folino, who was also a witness during committee hearings on this bill, as well as Bill Adair, Executive Director, Spinal Cord Injury Canada. They expressed their firm support of passage of Bill C-81 as a very important step, but they were also hopeful that there will be continued vigilance and effort towards proper implementation and, of course, that same intention beyond implementation. In some ways we have achieved this important milestone, but our work will begin to ensure that implementation and the work beyond implementation will be successful.

I recognize these men and others who have been the real heroes and champions who inspired this important legislation and once again thank our colleagues Senator Munson, Senator Ngo and members of the Social Affairs Committee for your leadership helping this chamber arrive at this significant moment in our legislative history.

Your Honour and honourable senators, I am definitely ready for the question.

Hon. Tony Dean: Thank you Senator Martin and others who have spoken. Thank you, Senator Munson, for your very fine sponsorship of this legislation.

I have some brief introductory remarks and then I want to speak specifically about the inclusion of communication in this bill as a category of challenge in the spectrum of disabilities.

I rise to add my voice to Bill C-81, An Act to ensure a barrier-free Canada. We all know now that the stated policy objective of this important and historic piece of legislation is to enhance the full and equal participation of all individuals, with a special emphasis for those living with disabilities. The bill is designed to achieve a barrier-free Canada through the identification, removal and prevention of barriers in areas of federal jurisdiction.

Many groups, including various disability advocacy groups, support Bill C-81 and are urging us to pass this bill before our summer break. Senate leaders met on April 4 to sign an agreement to ensure several pieces of legislation are voted on prior to the break and the next federal election. This bill is one of them.

I want to take this opportunity to congratulate the facilitator of the Independent Senators Group, the Leader of the independent Senate Liberals, the Government Representative in the Senate and the Senate Conservative Leader on this important modernizing step. You will know, I think, that I and others here believe that we could benefit greatly from more organized and effective business planning of this sort. Moreover, that’s what Canadians expect of us, and they expect and deserve timely votes on all bills, but particularly on bills that are inclusive of all members of our society and that aim to protect some of our most vulnerable people, bills like Bill C-81.

An act to ensure a barrier-free Canada is a direct response to a 2016 federal budget announcement that made a commitment to “eliminate systemic barriers and deliver equality of opportunity to all Canadians living with disabilities.”

Among other things, the bill aims to guide future interpretations of the accessible Canada act by setting out important principles and including a provision that states that all persons, regardless of their abilities or disabilities, must be treated with dignity, enjoy equality of opportunity, be able to fully and equally participate in society without barriers and have autonomy.

It also establishes the application of the accessible Canada act bringing greater clarification to which bodies and entities are bound by accessibility legislation and allows the Governor-in-Council to designate a minister to be responsible for this act.

Another important piece of this legislation is the proposed establishment of the Canadian accessible standards development office, CASDO, which Senator Munson has spoken about eloquently.

I emphasize that the CASDO would be overseen by a board of directors whose majority identify as persons with disabilities. The board would be responsible for setting the organization’s strategic direction and managing the activities and affairs in accordance with its mandate.

The inclusion of people with disabilities on the board would ensure fair representation for the many Canadians who don’t currently have a voice in accessibility standards.

Honourable senators, while no single area of accessibility is more important than any other, I would like to now focus some remarks on the issue of communication.

I am delighted that communication is recognized in key definitions in this bill, including in the definitions of barrier and disability. This legislation says that “barrier” means anything including physical, architectural, technological or attitudinal that is based on information or communications or anything that is the result of a policy or practice that hinders the full and equal participation in society of persons with a physical, mental, intellectual, learning, communication, sensory impairment or functional limitation.

(1940)

It also defines “disability” as a physical, mental, intellectual, learning, communication, sensory impairment or functional limitation, whether permanent, temporary or episodic in nature that an interaction with a barrier hinders a person’s full and equal participation in society.

This recognition of communication is critically important, as communication includes the half million Canadians who have speech and language disabilities that are not caused by significant hearing loss and who do not require or use sign language. They may have lifelong disabilities, such as cerebral palsy, autism, spectrum disorder, Down syndrome, learning or cognitive disabilities. Other people may have acquired disabilities that affect communication, such as traumatic brain injury, stroke, dementia, ALS, multiple sclerosis and much more.

Having a communication disability can affect one or more areas of a person’s ability to speak, to understand what others are saying, read or write. People with theses disabilities may communicate using unclear speech, writing, typing, pictures, symbols, speech-generating devices, sign language interpreting, captioning and communication assistive devices.

Recognizing the broad scope of communication is also consistent with the optional protocol to the United Nations Convention on the Rights of People with Disabilities, of which Canada is a signatory. This is obviously important for many reasons, but I’d like to highlight a tangible example for honourable senators to consider.

Similar to the need for sign language services for people who are deaf or translation services for people who don’t speak English or French, victims, witnesses and accused persons with speech and language disabilities may require appropriate communication supports in police, legal and justice services. Despite the fact that people with speech and language disabilities are at high risk for all types of abuses and crimes and remember, for violators, the best victims are often the ones who are perceived not to be able to tell. Communication support services in police, legal and justice services are not routinely provided as an accessibility accommodation.

Communications intermediaries are qualified speech-language pathologists who have extra training from Communication Disabilities Access Canada, CDAC, to work in justice settings. CDAC maintains a database of trained intermediaries with limited funding from a small private foundation. These services are provided to people who require assistance, understanding questions posed to them or supporting them communicating what they want to say to police, legal and justice professionals.

In a case in Canada I recently learned about, an elderly woman indicated to her son, a police officer, that she had been sexually assaulted by a personal support worker in a retirement or long-term care facility. The woman had a stroke two years before the incident, which left her with aphasia, a communication disorder that results from damage to the language centres of the brain. She had difficulty understanding spoken language and expressing her thoughts in words, as well as difficulties in reading and writing. She communicated what happened using gestures, some speech and pointing to pictures.

The Crown attorney recognized that she would require assistance to communicate in court and engaged a communication intermediary who conducted an assessment. The intermediary concluded that the woman could effectively communicate in court if provided with appropriate communication intermediary support to ensure that she rephrase questions posed to her in ways she could understand and to facilitate her responses using pictures. The judge denied the woman access to the communication supports that she required to testify.

This case illustrates the lack of understanding about accessibility accommodations required by a victim, witnesses or an accused person who has speech and language disability.

Having strong accessibility legislation in place makes it mandatory for all justice services to provide people with the communication accommodations and supports they need, including communication boards, speech-generating devices, sign language interpretation, captioning and communications assistance devices, and is an important move in ensuring that the policy objectives of this bill are realized. Access to appropriate supports for people living with disabilities that affect communications would go beyond our justice system and would also include access to health services, education and more.

Honourable senators, I want to share with you one other brief story, the story of a friend of mine of 30 years who in the past several months came to know all too well the challenges associated with difficulty in communications. Kim Clarke Champniss, as some of you will recall from his work in the heyday of MuchMusic as a veejay, TV producer and a challenging interviewer of the world’s top rock and roll artists, lost his voice permanently in the past months due to radical throat surgery that was used to address throat cancer.

I’ve watched Kim over the last weeks and months heroically take on this challenge, including the challenge of access to supports and technologies that would assist in his ability to continue engaging in the world with his upbeat energy and curiosity about the human condition. Kim will get through this. He would say, “I’m all right, Tone. I’m all right.” But Kim would also wish for better services for those who were alongside him and those who will undoubtedly follow him with communications challenges.

I would urge the government to ensure someone with a disability that affects their speech, language and communication be considered as a member of the board of the proposed Canadian Accessibility Standards Development Organization, CASDO, which was mentioned earlier. Their contributions would greatly benefit the 500,000 people living with speech and language difficulties and ensure that no one is left behind.

I would also like to recognize that standards and regulations under Bill C-81 will need to be updated every five years, which allows for changes in innovation. They will also require public review before they are adopted.

I close by saying, senators, that Bill C-81 needs to pass now. We have an obligation as parliamentarians and senators to protect the needs of all Canadians, especially those who are among the most vulnerable in our society. I strongly believe that acknowledging this community is an essential part of meeting the objectives of this bill, which will ultimately aim to remove and prevent barriers for all people in this country.

I end by thanking Barbara Collier, who has been a tireless advocate for a communications amendment passed in the House of Commons. With these final words, I would ask my honourable colleagues to join me in voting in favour of Bill C-81, An Act to ensure a barrier-free Canada. Thank you, all.

The Hon. the Speaker: Is it your pleasure, honourable senators, to adopt the motion?

Hon. Senators: Agreed.

(Motion agreed to and bill, as amended, read third time and passed.)



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