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Promoting Accessibility Through the Law

Promoting Accessibility Through the Law. Me. Melanie Benard Quebec Accessible (Concordia University) May 30, 2015. Outline. Canada’s L egal System Human Rights Protections Quebec’s Disability Law Alternative Solutions: Ontario, etc. Recommendations for Quebec. Canada's Legal System.

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Promoting Accessibility Through the Law

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  1. Promoting Accessibility Through the Law Me. Melanie Benard Quebec Accessible (Concordia University) May 30, 2015

  2. Outline Canada’s Legal System Human Rights Protections Quebec’s Disability Law Alternative Solutions: Ontario, etc. Recommendations for Quebec

  3. Canada's Legal System Canada: political power divided between federal and provincial governments Federal: banking, postal service, military Provinces: property, local matters Quebec: Civil Law Rules found in Civil Code Other provinces: Common Law Rules made by judges in previous cases (“jurisprudence” / “precedent”)

  4. Human Rights Protections Canadian Charter (1982) Only applies to government laws and programs Quebec Charter (1975) Applies to government and private citizens

  5. Human Rights Protections Both Charters guarantee equality and protection against discrimination Canadian Charter: section 15 Quebec Charter: article 10

  6. Human Rights Systems Human Rights Commissions and Tribunals Rely on individual complaints Quebec: Commission des droits de la personne et des droits de la jeunesse Investigates complaints; Proposes mediation; Represents plaintiffs at Human Rights Tribunal

  7. Human Rights Principles Discrimination Reasonable accommodations Undue hardship

  8. Human Rights Examples of accommodations: Hotels, restaurants and bars must allow access to people with wheelchairs and guide dogs; Courts must provide sign language interpreters for Deaf people

  9. Human Rights Complaintsin Quebec 2013-2014: Commission received over 800 complaints Disability discrimination was largest category (280 complaints = 33 %) Employment (161 complaints) Goods and services Transportation and public spaces Housing

  10. Human Rights Systems Critiques of complaints-based system: Long delays (ex. 3 years) Puts burden on individuals Individual remedies for systemic problems Mediation: Reinventing the wheel

  11. Quebec’s Disability Law 1978: Act to secure handicapped people in the exercise of their rights Cutting-edge law Created Government Disability Office (OPHQ) Added “handicap” to Quebec Charter Accessibility of sidewalks, parking, housing, public transportation and telephone services

  12. International Developments 1975: Declaration on the Rights of Disabled Persons 1981: International Year of Disabled Persons 1982: World Programme of Action 1983-1992: International Decade

  13. 2000: Accessibility requirements added to Quebec’s Construction Code “Reasonable efforts towards achieving accessibility” Only applies to new buildings and parts affected by major renovations

  14. 2004: Act to Secure Handicapped People in the Exercise of their rights with a view to achieving social, school and workplace integration Independent report every 5 years

  15. Annual Action Plans Government departments with > 50 employees and municipalities with > 15 000 inhabitants must publicize annual plans to reduce barriers Measures adopted in past year Measures envisioned for upcoming year

  16. Critiques: No penalties if don’t submit plans No obligation to follow through with plans Only applies to public sector

  17. Public Transportation All public transit agencies had to submit an accessibility plan by 2005 As of 2011, only 16 out of 34 had submitted a plan.

  18. Société de transport de Montréal Montreal Metro Opened in 1966 Only 8 out of 68 stations have an elevator (5 on the Island of Montreal) Will only be fully accessible by 2090!

  19. Public Buildings In 2006, Minister of Labor had to submit a report on accessibility of public buildings. In 2007, had to determine by regulation the categories of buildings to be made accessible. Report submitted in June 2008 Average degree of accessibility : 54% To date, no regulations enacted!

  20. CRITIQUE: No penalties for non-compliance!

  21. Long and strong grassroots campaign for a law to promote accessibility 2001: Ontarians with Disabilities Act (ODA) Resembles Quebec’s law from 2004: Only applies to public sector Focuses on “accessibility plans “ Lacks efficient enforcement mechanisms

  22. 2001: Ontarians with Disabilities Act (ODA) Disability community was very disappointed!

  23. 2005:Accessibility for Ontarians with Disabilities Act (AODA) Goal: Fully accessible province by 2025 Applies to all people and organizations in public and private sectors Development of Accessibility Standards in different areas

  24. So far Five Standards: Customer Service Standard Integrated Accessibility Standards Information and Communications Employment Transportation Design of Public Spaces (Built Environment)

  25. More standards on the way: Education Healthcare Housing?

  26. Obligations phased in gradually Public sector before private sector Large before small businesses Effectiveness of AODA reviewed every three years

  27. Enforcement: Annual accessibility reports Inspections to ensure compliance Directors can impose penalties

  28. Fines: Up to $50 000 a day (for people) Up to $100 000 a day (for businesses) Strong incentive to comply!

  29. 2013:Accessibility for Manitobans Act (AMA) Inspired by and modeled after AODA Development of Accessibility Standards is under way

  30. British Columbia and Nova Scotia are currently working towards adopting similar laws

  31. United States 1990: Americans with Disabilities Act (ADA) World’s first comprehensive disability law Prevents discrimination in: Employment Government services, including transportation Private businesses Telecommunications

  32. United States Courts can award compensation and impose penalties of up to $100 000 for violations. Majority of Americans with disabilities feel ADA has improved their lives.

  33. International Law 2006: United Nations Convention on the Rights of Persons with Disabilities (CRPD) Ratified by Canada in 2010

  34. Recommendationsfor Quebec Extend obligations to private sector : Submit accessibility reports; Establish guidelines for providing services to persons with disabilities; Train employees;

  35. Recommendationsfor Quebec 2.Establish targets and deadlines for barrier removal: Concrete and realistic Developed with people with disabilities and industry; Reviewed and updated as needed;

  36. Recommendationsfor Quebec 3. Effective monitoring and enforcement mechanisms Investigations by an independent body; Penalties; Incentives to exceed requirements;

  37.  What are we waiting for? Take action now!

  38. THE END

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