Image of black text with drop shadow that reads: Ontarians With Disabilities Act Committee

Letter to The Honourable Cam Jackson
Minister of Citizenship

February 21, 2001



February 21, 2001

The Honourable Cam Jackson
Minister of Citizenship
400 University Avenue, 6th Floor
Toronto, Ontario M7A 2R9

Dear Minister,

Re: Ontarians With Disabilities Act

The Ontarians with Disabilities Act Committee congratulates you on your recent appointment to the position of Minister of Citizenship. As you are aware, the resolution unanimously adopted by the legislature on November 23, 1999 requires the Government to enact a strong and effective Ontarians with Disabilities Act into law by November 2001. As that date is rapidly approaching, we are writing to offer our assistance in meeting that critical deadline.

To help you get started with this issue, we enclose a brief backgrounder on the ODA that we hope will assist you in moving quickly on this initiative. In the case of each of your three predecessor ministers, we began with a "get acquainted" meeting, involving the Minister, their staff, and representatives of the ODA Committee. Because time is now so short, we suggest that it may be a more effective use of all of our time if we proceed in a somewhat different manner. We propose the following steps that we hope will facilitate your work on the Ontarians with Disabilities Act:

1. Organize a meeting with yourself, the Premier and the ODA Committee. The former Minister had agreed to communicate to the Premier our request for a meeting with him. It has been clear that without the Premier's strong support and leadership, the Ontarians with Disabilities Act will continue to languish at the bottom of this government's priority list. One only has to look at the lengthy list of other pieces of legislation introduced and passed by this government since it took office to know that the lengthy lead up period to legislation that we have experienced with the Ontarians with Disabilities Act is the exception, not the rule.

2. Create an open, accessible process that includes representatives of persons with disabilities, including the ODA Committee, as well as other stakeholders including business, the seniors community and others, to meet and work together to develop a strong and effective Ontarians with Disabilities Act. We strongly support a collaborative effort among these stakeholders, rather than one which divides them or keeps them separate from each other. It is unfortunate that up until now the previous Ministers have generally chosen to meet with the different stakeholders separately rather than helping the various stakeholders work together. By also involving other members of your caucus in this collaborative process, they could bring to bear local issues and help your caucus learn about our needs.

We believe that by these measures, you and your Government could make a positive fresh start on this important issue. We wish to do whatever we can to help this happen.

We are keenly aware that the development and enactment of a strong and effective ODA would benefit from an open exchange, including a flexible process of back-and-forth negotiations. We have been and remain flexible and eager to participate in such a process. We hope that you will be able to get that process started now.

Minister we very much appreciate that you personally voted on November 23, 1999 in support of the ODA resolution passed on that date. It requires a strong and effective ODA to be enacted into law by November 23, 2001. There are now only 275 days until that deadline. Please accept our offer to work together with you, the Premier, business, the seniors community and the other stakeholders to make your vote on that resolution a reality.


David Lepofsky, C.M.
Ontarians with Disabilities Act Committee


cc: Hon. Mike Harris 325-7578
Norman Sterling 326-2913
Dalton McGuinty 325-9895
Dwight Duncan 325-2201
Steve Peters 325-7262
Ernie Parsons 325-4757
Howard Hampton 325-8222
David Christopherson 325-3189
Marilyn Churley 325-3252
Tony Martin 325-3720

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FEBRUARY 21, 2001

Prepared by the ODA Committee to assist the New Citizenship Minister,
The Honourable Cam Jackson


The ODA Committee is a province-wide, grassroots, non-partisan coalition of many, many
individuals and over 100 community organizations. They have united to achieve a barrier-free
Ontario for its 1.5 million people with disabilities through the enactment of a strong,
mandatory Ontarians with Disabilities Act. Its members include those with all kinds of visible
and invisible disabilities and those with no disabilities. They come from all corners of
Ontario, from all points on the political spectrum and from all walks of life. They are
organized in fully 21 regions of Ontario and are active across the province.


Over 1.5 million Ontarians with disabilities face many physical, technological, informational,
communication and other barriers of different kinds. These impede them from fully
participating in all aspects of Ontario life, such as employment and the enjoyment of goods,
services and facilities. Supplementing old barriers that have been here for a long time are new
barriers that are now being created, and that will be created in the future if not prevented.

Voluntary efforts, such as public education and information campaigns, have not succeeded in
removing these barriers and in preventing new ones. Neither have existing patchwork laws,
such as the Ontario Human Rights Code, the Charter of Rights and the Ontario Building
Code. Ontario needs a strong and effective ODA to achieve a barrier-free province in an
effective, sensible way.


As retired Supreme Court of Canada Justice Peter Cory wrote in the November 7, 2000 Toronto Star: "A strong, effective Disabilities Act would benefit us all. It would ensure that those with a disability would finally be included in the rich and rewarding life of other residents of Ontario. Those who now have no disability may well incur a disability as they get older, and they too
would be spared these barriers.

Business will profit from both the spending power of consumers with disabilities and talented
employees with disabilities who have so much to offer. The taxpayer will benefit from the
increased economic activity and from the removal of barriers that prevent more persons with
disabilities from moving from social assistance to gainful employment."


No one benefits from the status quo. People with disabilities are forced to suffer the substantial and unfair burdens imposed on them by these barriers. Business loses out on the opportunity to benefit from employing more persons with disabilities, and from selling more goods and services to persons with disabilities. The taxpayer must shoulder the cost of more persons with disabilities on social assistance, who would prefer to be gainfully employed, and thus to be paying taxes into the public purse.


There is overwhelming proof that the public would support a strong, mandatory ODA, including the following:

* the Ontario Government's June 2000 poll shows strong public support for an ODA which is
mandatory, not voluntary, and that applies to both the private and public sectors.

* the ODA Committee's 1997 poll similarly shows strong public support for legislation
addressing barriers facing persons with disabilities.

* the Ontario Legislature unanimously passed 3 resolutions respectively for the ODA to be passed in the Harris Government's first term, for it to incorporate the ODA Committee's 11 principles to make it meaningful, and requiring a strong and effective ODA to be enacted into law by November 23, 2001.

* Over 20 municipal and local councils have passed resolutions similarly calling for the ODA
to be enacted, in response to grassroots efforts across Ontario by ODA supporters.

* No major Ontario party has campaigned against the enactment of the ODA in either the 1995 or 1999 elections.


The Ontario Government has made the following commitments regarding the ODA, as
acknowledged in public and internal Government documents:

* May 24, 1995: By Mike Harris' letter to the ODA Committee, an election promise to enact
the ODA in the Harris Government's first term, to allocate new funds to accommodate
persons with disabilities, and for Premier Harris to work together with the ODA Committee to develop the ODA.

* May 16, 1996: by supporting a unanimous Legislature resolution, to keep the promises to
enact the ODA in its first term and to work together with the ODA Committee to develop it.

* Oct. 29, 1998: By supporting a unanimous Legislature resolution, to enact the ODA which
complies with 11 principles to make it strong and effective.

* 1999 election: to undertake a new consultation with the public on the ODA, and then to
bring forward a new bill which is stronger than Bill 83, a bill that had died on the order
paper after first reading in late 1999.

* Sept. 11, 1999: Citizenship Minister Helen Johns tells London Free Press that the ODA will
be a "huge priority" for her.

* Oct. 21, 1999: Throne Speech commitment to bring forward an action plan on the ODA in
that session of the Ontario Legislature.

* November 23, 1999: By supporting a unanimous Legislature resolution, to enact a strong and effective ODA into law by November 23, 2001.

* March 25, 2000: Citizenship Minister Helen Johns commits on London TV that the ODA
action plan will be brought forward by June 2000.


* No ODA was enacted in the Harris Government's first term or in the first 1 and ½ years of
its second term. No "action plan" for the ODA has been brought forward since it was promised in the Throne Speech 16 months ago.

* July to September 1999: Citizenship Minister Bassett and her Parliamentary Assistant Derwyn Shea held closed, invitation-only consultations on what to include in the ODA based on the Government's July 13, 1998 ODA Discussion Paper. That Discussion Paper recognized the
problem of barriers, but limited the options for inclusion in the ODA to redress them.

* Nov. 23, 1998: Citizenship Minister Isabel Bassett introduced Bill 83 for first reading. Only
three pages long, it did not require any barriers to be removed. This bill died on the order
paper after first reading 17 days later. The Government acknowledged in its April 1999 Throne Speech that this bill was insufficient.

* Late 1999 to February 2001: Citizenship Minister Helen Johns stated she is holding ongoing
consultations on the ODA. Documents released in mid-2000 revealed little record of this.

* Late August 2000: According to a leaked draft Cabinet submission, the Government planned
to introduce a new bill in October-December 2000 significantly resembling Bill 83, as well
as some limited non-legislative measures. A Government communication strategy was
proposed to respond to the anticipated criticism of the Government for this approach.


To assist you in becoming more familiar with this issue, you have the benefit of the
Citizenship Ministry staff who have had this issue for several years. In addition, we are
pleased to offer you our help. You may especially find the following resources helpful:

* The ODA Committee's comprehensive April 1998 Brief to the Legislature on the ODA. It
includes among other things, a detailed blueprint for the contents of the ODA which are
faithful to the 11 principles which the Ontario Legislature unanimously endorsed by
resolution on October 29, 1998. It also includes a 50-page list of barriers facing persons with
all kinds of different disabilities in Ontario in a wide range of activities. This list is not intended to be exhaustive. It reflects extensive feedback we received from people right across Ontario.

* The ODA Committee's website at This is a comprehensive
resource on this issue. It includes, among other things, all correspondence between the ODA
Committee and the Government among others on this issue, Hansard transcripts of statements
about the ODA in the Legislature, a list of our many organizational members, all the major
public documents concerning the ODA issue, and much, much more.

* The detailed report prepared by the Liberal Party's former disability critic, MPP Steve
Peters, which was made public on November 23, 2000. That is an excellent report which
resulted from a thorough and accessible series of public forums in some 15 communities
across Ontario held last spring. Unfortunately, neither Premier Harris nor then Citizenship
Minister Helen Johns accepted any invitations to attend these forums.

* The columns in the Toronto Star (available on the website) expressing support for a strong,
effective ODA by the late Chief Justice of Canada Brian Dickson published on October 7,
1998 and by retired Supreme Court Justice Peter Cory, referred to above.

* The Ontario Human Rights Commission's February 19, 2001 Discussion Paper on Accessible Public Transit for People with Disabilities: This documents the need for provincial legislation to set standards to achieve barrier-free public transit. It provides a good illustration in this one sector of the need for a strong, mandatory ODA.


You will face several significant challenges in discharging this new area of responsibility.
Among these are the following:

* There are only 275 days left until the November 23, 2001 deadline, unanimously set by the legislature, for passing the ODA into law.

* Your Government has not yet held a consultation on the ODA which is open, public and
accessible to all whose insights would help you. The results of the two limited, closed,
invitation-only consultations held by your predecessors were never summarized and properly
analyzed in a report, as far as we have been able to ascertain. Former Minister Helen Johns
told us that feedback she received is largely in her head.

* Premier Harris gave none of your three predecessor ministers a mandate, authority or scope
to undertake meaningful accessible discussions about the contents of the ODA, and to come
forward with a bill which is strong and effective.

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