Me. Melanie Benard Quebec Accessible (Concordia University)

May 30, 2015

Canada’s Legal System Human Rights Protections

Quebec’s Disability Law

Alternative Solutions: Ontario, etc.

Recommendations for Quebec

• 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”)

•Canadian Charter (1982) • Only applies to government laws

and programs

•Quebec Charter (1975) • Applies to government and private

citizens

Both Charters guarantee equality and protection against discrimination

• Canadian Charter: section 15

• Quebec Charter: article 10

• 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

• Discrimination

• Reasonable accommodations

• Undue hardship

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

• 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

Critiques of complaints-based system:

• Long delays (ex. 3 years)

• Puts burden on individuals

• Individual remedies for systemic problems

• Mediation: Reinventing the wheel

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

1975: Declaration on the Rights of Disabled Persons

1981: International Year of Disabled Persons

1982: World Programme of Action

1983-1992: International Decade

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

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

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

Critiques:

• No penalties if don’t submit plans•No obligation to follow through with plans

• Only applies to public sector

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.

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!

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!

CRITIQUE:

No penalties for non-compliance!

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

2001: Ontarians with Disabilities Act (ODA)

Disability community was very disappointed!

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

So far Five Standards:

• Customer Service Standard

• Integrated Accessibility Standards• Information and Communications• Employment• Transportation • Design of Public Spaces (Built Environment)

 

 

More standards on the way:

•Education•Healthcare•Housing?

•

  Obligations phased in gradually • Public sector before private sector• Large before small businesses

•Effectiveness of AODA reviewed every three years

Enforcement:

• Annual accessibility reports

• Inspections to ensure compliance

• Directors can impose penalties

Fines: Up to $50 000 a day (for people)

Up to $100 000 a day (for businesses)

Strong incentive to comply!

2013: Accessibility for Manitobans Act (AMA)

•Inspired by and modeled after AODA

•Development of Accessibility Standards is under way

British Columbia and

Nova Scotia

are currently working towards adopting similar laws

 1990: •Americans with Disabilities Act (ADA)

World’s first comprehensive disability law

Prevents discrimination in:• Employment• Government services, including

transportation • Private businesses• Telecommunications

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.

2006: United Nations Convention on the Rights of Persons with Disabilities

(CRPD)

• Ratified by Canada in 2010

1.Extend obligations to private sector :

• Submit accessibility reports;

• Establish guidelines for providing services to persons with disabilities;

1. Train employees; 

2. Establish targets and deadlines for barrier removal:

• Concrete and realistic • Developed with people with disabilities

and industry; • Reviewed and updated as needed;

3. Effective monitoring and enforcement mechanisms

• Investigations by an independent body;• Penalties;• Incentives to exceed requirements;

 What are we waiting for?

Take action now!

THE END