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Promoting Accessibility Through the Law

Promoting Accessibility Through the Law. Me. Melanie Benard (Quebec Accessible ) Vie autonome - Montreal April 13, 2016. Outline. Human Rights in Quebec Quebec’s Disability Law Alternative Solutions: Ontario, etc. Recommendations for Quebec. Human Rights. Canadian Charter (1982)

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Promoting Accessibility Through the Law

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  1. Promoting Accessibility Through the Law Me. Melanie Benard (Quebec Accessible ) Vie autonome - Montreal April 13, 2016

  2. Outline Human Rights in Quebec Quebec’s Disability Law Alternative Solutions: Ontario, etc. Recommendations for Quebec

  3. Human Rights Canadian Charter (1982) Only applies to the government Quebec Charter (1975) Applies to government and private citizens

  4. Human Rights Both Charters guarantee the right to equality for people with disabilities Canada: section 15 Quebec: article 10

  5. Human Rights Both Charters also guarantee Deaf people’s right to an interpreter before the courts Canada: section 14 Quebec: article 36

  6. Human Rights Discrimination Reasonable accommodations Undue hardship

  7. Human Rights Examples of accommodations: Hotels, restaurants and bars must allow access to people with wheelchairs and guide dogs

  8. Human Rights Commission des droits de la personne et des droits de la jeunesse (CDPDJ) Investigates complaints; Proposes mediation; Represents plaintiffs at the Human Rights Tribunal

  9. Human Rights 2014-2015: nearly 800 complaints filed Disability discrimination: largest category (36 %) Employment Goods and services Transportation and public spaces Housing

  10. Human Rights Critiques: Long delays Confidentiality of mediation Burden on individuals Individual remedies for systemic problems https://www.youtube.com/watch?v=D0n8N98mpes

  11. 1976 : Accessibility requirements for new buildings included in Quebec’s first Building Code

  12. Quebec’s Disability Law Act to secure handicapped people in the exercise of their rights (1978) Cutting-edge law Government Disability Office (OPHQ) “Handicap” added to Quebec Charter Accessible sidewalks, parking, public transit, phone services, etc.

  13. 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

  14. 2000: Accessibility requirements added to Quebec’s Construction Code for buildings undergoing “major renovations” Requires “reasonable efforts towards achieving accessibility”

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

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

  17. Critiques: No penalties! Only applies to public sector

  18. Public Transportation 2005: Agencies had to submit an accessibility plan 2011: Only 16 out of 34 agencies had done so!

  19. Montreal’s Metro Opened in 1966 Only 9 out of 68 stations are accessible Fully accessible by 2090!?!

  20. Public Buildings 2006: Report on accessibility of buildings 2007: Regulations re: categories of buildings to be made accessible Average degree of accessibility: 54% No regulations enacted!

  21. Alternative solutions?

  22. Ontarians with Disabilities Act (2001) Resembles Quebec’s law : Public sector only Focus on “accessibility plans” No enforcement mechanisms

  23. Accessibility for Ontarians with Disabilities Act (2005) Goal: Accessible province by 2025 Applies to public and private sectors Accessibility Standards in different areas

  24. Five Standards: Customer Service 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 → private sector Large → small businesses

  27. Fines: Individuals: $50 000 a day Businesses: $100 000 a day

  28. Enforcement: Annual accessibility reports Inspections to ensure compliance Orders and penalties

  29. Accessibility for Manitobans Act (2013) Inspired by AODA Accessibility Standards

  30. British Columbia and Nova Scotia are looking at similar laws

  31. United States Americans with Disabilities Act (1990) Prevents discrimination in: Employment Government services Private businesses Telecommunications

  32. United States Compensation and penalties of up to $100 000

  33. France Loi pour l’égalité des droits et des chances, la participation et la citoyenneté des personnes handicapées (2005) Accessibility of the “transport chain”: Built environment; Highways; Public facilities; Transit systems

  34. International Law UN Convention on the Rights of Persons with Disabilities (CRPD – 2006) Ratified by Canada in 2010

  35. Recommendationsfor Quebec Obligations for the private sector Clear targets and deadlines Monitoring and enforcement mechanisms

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

  37. THE END

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