did what it could to give its input to the Government and to encourage as many others as possible to do the same.
Here is the text of the presentation which was made to the Minister on that morning. As part of its commitment to a more open process, the ODA Committee immediately released this text to the public.
We thank you for this opportunity to provide you with input on the Ontarians with Disabilities Act, before you start drafting it. To make the best possible use of the ninety minutes allocated to the ODA Committee during your Toronto stakeholder meetings, we will first explain who we are. Then we will give specific comments on the Government's ODA Discussion Paper. We will talk about the principles and parameters in that Paper, and then answer questions you have asked. Then we will give a general conclusion on where we go from here.
The ODA Committee is a broad-based, voluntary non-partisan province-wide coalition of individuals and community organizations concerned with the rights of persons with disabilities. We came together in 1994 to advocate for the passage of a strong and effective new law that would lead to the achievement a barrier-free Ontario by the year 2000.
The ODA Committee's membership reflects a broad range of experience with many different disabilities. Its members come from right across Ontario. We not only include individuals from all walks of life, but as well, 85 disability organizations in Ontario. We reflect the expertise of all of our members with the barriers persons with disabilities face, and the measures that we to identify and remove them, while preventing new ones from being created.
In the three-and-a-half years since we formed, we have brought our important message to the Ontario Government, the Opposition parties, the public and the media. The Committee has continued to seek new members, and to learn from all our members, from the disability community and the broader public through active work in the community right across this province. For example, in 1996 alone, the ODA Committee held highly successful public forums on the Ontarians with Disabilities Act in Toronto, Ottawa, Hamilton, Thunder Bay, London and Windsor.
held in York Region. We have local activities occurring on a regular basis in many communities from across the province. We have continuously gathered extensive input from our members and the broader disability community through a variety of means. We do all of this with the efforts of volunteers and voluntary community organizations. In the spring of 1998 we presented a thorough Brief to members of the Legislature reflecting the input from our members around the Province about barriers they face. We are also non-partisan. We are prepared to share our ideas and advice with all parties, and have sought to secure support from all parties.
disability, where they live, their circumstances and their cultural backgrounds. Our presentation today is based on the fundamental basis that the ODA must be very inclusive and must respond to the needs of people with all types of disabilities, from all ethno-racial or aboriginal backgrounds, in all socio-economic circumstances and living everywhere in the province.
Given the very short two-and-a-half weeks we have had to prepare this presentation since we received your invitation, the limited time for this meeting itself, and the 12 questions that your Discussion Paper poses, we can only focus today on general principles concerning the content of the Ontarians with Disabilities Act as it would apply across the board, to a diversity of activities where we seek to participate, to all kinds of organizations and on behalf of the wide spectrum of disabilities.
some 1.5 to 1.7 million persons.
Just a word on the ODA Committee's delegation here today. Other than our legal counsel, they are all consumers who are here in their personal capacities, on behalf of the ODA Committee as a whole. They are not here today representing any individual community organization or specific type of disability. They support the principles put forward by the ODA Committee as a whole. They haved devoted incredible energy to this effort. They are here to remind you that they are but a few of the many, many people that would like an opportunity to speak to you and your Parliamentary Assistant directly and in person.
time or place to squeeze in all who want to speak to you, and who have been given no other chance during the Government's stake- holder meetings. However, we want to make sure that throughout our presentation you remember that this is about real people who need a real voice in the process that only you can give them by holding a truly open and accessible consultation process. It is not too late to do so and we hope that you will accept our offer to work with you to make that happen.
it provides a good start, and a good example on how an open consultation with the people can be undertaken.
to the Government in the past. It is not intended in any way to replace them. We strongly encourage you to carefully review our previous submissions to the Government as well as this presentation.
decisions. However the ODA Committee strongly believes that an ODA that is based on all the principles and parameters set out in the Discussion Paper cannot meet the goal of a barrier-free society. It could not result in a strong and effective Ontarians with Disabilities Act called for by this Coalition.
Government as far back as 1995. These are the principles against which we must measure any legislation introduced by the Government.
that includes a detailed summary of barriers identified by our members throughout the province as an Appendix.
the legislation itself much clearer. It would allow energy in the next stage of the process to be focused on those areas where further is needed.
Commission, as these are too slow and cumbersome, and yield inadequate remedies.
making to define with clarity the steps required for compliance with the Ontarians with Disabilities Act. It should be open for such regulations to be made on an industry-by-industry basis, or sector-by-sector basis. This should include a requirement that input be obtained from affected groups such as persons with disabilities before such regulations are enacted. It should also provide persons with disabilities with the opportunity to apply to have regulations made in specific sectors of the economy.
The Ontarians with Disabilities Act should also mandate the Government of Ontario to provide education and other information resources to companies, individuals and groups who seek to comply with the requirements of the Ontarians with Disabilities Act.
condition of funding any program, or of purchasing any services, goods or facilities, that they be designed to be fully accessible to and usable by persons with disabilities. Any grant or contract that does not so provide is void and unenforceable by the grant-recipient or contractor with the government in question.
The Ontarians with Disabilities Act must be more than mere window-dressing. It should contribute meaningfully to the improvement of the position of persons with disabilities in Ontario. It must have real force and effect.
removed. Both Opposition parties have also echoed this view.
similar to the ODA Committee principles that we reviewed earlier.
of removing and preventing barriers.
barriers systemically and prevent new ones from being created.
We will discuss the Human Rights Code and Commission later.
Government's role in achieving barrier removal and prevention.
discuss the issues in more detail later in this presentation.
question we will deal with it later in our presentation.
during this consultation should support the government's goals.
jurisdictional lines in the same accessible taxi.
action. People with disabilities need and deserve better.
right choice for the job.
have expressed in our correspondence to you.
responsibility for enforcing this new and important legislation.
public, so that it has credibility.
organization required to comply with the ODA.
fairly and efficiently carry out its responsibilities.
be an effective enforcement agency.
contents and the time lines for the plan's and implementation.
Voluntary measures say to employers just do what you want to do.
We also just don't see how voluntary measures can be legislated.
The purpose of legislation is to create enforceable obligations.
disabilities need more. People with disabilities deserve more.
them to change, and if they are given help in changing.
The Discussion Paper's approach could lead to absurd results.
differently. All need washrooms they can use.
are clearly within the jurisdiction of the Provincial Government.
with disabilities from fully participating in society.
do so. Either way, barrier-removal must occur.
creating a strong and effective Ontarians with Disabilities Act.
be set out in the legislation itself.
circumstances justifying more prompt action.
all sectors starting as soon as the legislation is passed.
program or some other form of assistance.
possible before drafting a law like this.
way to do this is to have a strong and effective ODA.
strong and effective Ontarians with Disabilities Act.
disabilities, so that they can fully participate in society.
barriers, a question you ask in the discussion paper.
WHAT SHOULD the ODA COVER?
products, police and law enforcement, tourism and entertainment.
our society must strive to achieve.
psychiatric, psychological or mental disabilities.
specifically excluded from protection under the legislation.
law in 1982 to include both physical and mental disabilities.
protections or benefits to people with mental disabilities.
ensure that both physical and mental disabilities are included.
to people with mental disabilities and physical disabilities.
WHO SHOULD BE EXPECTED TO COMPLY WITH THE ODA?
that obstruct people with disabilities, often unintentionally.
Ontario, and the Legislature itself.
the Government's constitutional obligations into real action.
include the Ontario Legislature, as well as MPP's offices.
were not accessible. This cannot be acceptable in Ontario.
What should the ODA require?
by government directly or delivered on behalf of government.
available to help the private sector comply with the ODA.
zoning, or parking rules for people with disabilities.
having to face new barriers in each location.
HOW SHOULD THE ODA BE ENFORCED?
having to file complaints each time they face a barrier.
the barrier free plans we talked about earlier.
out the time frame for removing these barriers.
the creation of new ones may be clearly identified in the ODA.
change may take somewhat longer.
the content of the regulations.
assisted us, but they are largely unused.
with barrier-free standards for the Internet.
than to just deal with a succession of Human Rights Complaints.
complaints to make the law work.
to expect them to be removed, and how significant the barrier is.
Who should undertake this enforcement role?
agency, or whether a new enforcement agency should be created.
figures as to the current Human Rights Commission budget status.
the Commission new funds to supplement its pre-1995 budget level.
We would still appreciate receiving this information.
process of enacting a comprehensive disability rights law.
is to be up and running by the start of next year.
with the principles we outlined earlier in this presentation.
are screened to make sure they are barrier-free.
What remedies should be available for breaches of the ODA?
brought by groups of people with disabilities.
of a barrier that should have been removed but was not.
they have learned does not work, we want to improve upon.
problems, and that there are no barriers that need removing.
so that we can improve upon them in our legislation.
argued that the ADA has not delivered as much as was expected.
All it means is that more needs to be done to remove barriers.
under it to remove barriers.
could readily improve upon the Americans with Disabilities Act.
separate legislation passed prior to the ADA.
seek new legislation to deal with gaps in ODA coverage.
even the weaknesses of the ADA surpass our own record.
provide you with information about these reports on your request.
positive difference in their lives.
legislation in this field, including in the area of employement.
positive and negative from the ADA, will do the same in Ontario.
could complement an Ontarians with Disabilities Act?"
gaping holes in a weak and ineffective ODA.
find and remove barriers before specific regulatory intervention.
effective means of enforcing the legislation.
all, nothing will happen. This approach is doomed to failure.
in place for the cost of accommodating people with disabilities.
faster rate of depreciation for capital expenditure activity.
then you are really creating a regime of positive tax subsidies.
hours or part-time work to accommodate an employee's disability?
people may not be aware of a particular policy.
transportation for many years to come.
ensure that this does not occur.
inaccessible than ever in the future.
information must always be available.
We hope that our presentation has been helpful to you. Before concluding we would like to say a few things about where we go from here.
outside, have been so supportive and encouraging to our efforts.
meet with you after receiving that material and reviewing it, so we could help your efforts by providing you with any further information you need. We welcome any and all chances to work together with you on this very important project.