me. melanie benard quebec accessible (concordia university) may 30, 2015
TRANSCRIPT
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
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!
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
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)
•
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
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;