ODA Committee Update
dated January 27, 2005
posted March 7, 2005

ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE Bits And Pieces Of News About Upcoming Public Hearings On Bill 118 January 27, 2005 SUMMARY Here are bits and pieces of news concerning Bill 118, the proposed Accessibility for Ontarians with Disabilities Act, as next week's public hearings on that bill quickly approach. * Room change for Toronto public hearings on Bill 118 * Exciting news that all Bill 118 public hearings will be televised across Ontario and webcast around the world. * Announcement of disability accommodations arranged to date to make the Bill 118 public hearings disability accessible.* An announcement that last September's Michael Lewis Memorial Symposium on Disability Accessibility Legislation will be broadcast this weekend on cable TV's "Voiceprint" service, available across Canada on cable TV and around the world on the web. * A reminder when to attend or watch on TV the ODA Committee's oral submission to the Standing Committee. * A copy of the December 23, 2004 letter to the City of Toronto from the Ontario Human Rights Commission's Chief Commissioner on a specific issue that demonstrates why we need strong, new accessibility legislation. Send us your feedback at: oda@odacommitee.net   * The room number for the Toronto public hearings on Monday, January 31 and Tuesday February 1 has been changed to Committee Room 1 at the Ontario Legislature.It will not be held in room 228 as earlier announced. * We have exciting news. Most if not all of the public hearings will be televised on the Ontario Legislature channel and webcast on the Ontario Legislature website. We are given to understand that this is the first time this has happened for legislative public hearings that travel outside Toronto. This makes these hearings far more accessible to a wider audience. The January 31 and February 1 Toronto public hearings will be shown live on the Ontario Legislature channel of your local cable company. The hearings outside Toronto will be time-delayed. Here is the schedule we received from the clerk of the Standing Committee on Social Policy: Monday, Jan 31 and Tuesday, Feb 1 in Toronto will be broadcast and webcast live. The meeting in Niagara Falls on Feb 2 will be broadcast and webcast on Friday, February 4. The meeting in London on Feb 3 will be broadcast and webcast on Saturday, February 5. The meeting in Thunder Bay on Feb 7 will be broadcast and webcast on Wednesday, February 9 The meeting in Ottawa on Feb 8 will be broadcast and webcast on Thursday, February 10. The broadcast will be on the Parliamentary Channel on TV and the webcast is available on the Legislative Assembly website at www.ontla.on.ca They will also be archived for the month of February. * The Standing Committee on Social Policy has been working on providing accommodations needed at the public hearings on Bill 118 to ensure that persons with disabilities can fully participate in the hearings. We have been advised that the following has been arranged for certain, and that they continue to work on making arrangements to fill any gaps: Closed Captioning: available every day for the full time of the hearings. Captioning will be projected on a screen or monitor Attendant care: They are working on having this available in all centers. American Sign Language Interpretation: As of now, they have arranged for Toronto - Jan 31; 3 interpreters from 9:00 am to 6:00 pm Toronto - Feb 1; 3 interpreters from 9:00 am to 5:00 pm and 2 interpreters from 5:00 to 6:00 pm Niagara Falls - Feb 2; 3 interpreters. London - Feb 3; At least 2 interpreters from 9:00 am to 5:00 pm, Not had confirmed whether they will be able to stay until 7:00 pm Thunder Bay - Feb 7; 1 interpreter for the full day Ottawa - Feb 8; 3 interpreters from 9:00 am to 5:00 pm, not confirmed yet from 5:00 to 6:00 * Voiceprint Canada, a channel available on cable TV via either on a specified channel or on News World using your TV's or VCR's "Second Audio Program" feature, will be airing last September's London Ontario Public Policy Forum on the ODA, in memory of ODA activist Michael Lewis. Here is the Voiceprint news release: Message FOR IMMEDIATE RELEASE PROGRAMMING NOTICE ODA Meeting Described on VoicePrint Canada January 26, 2005 (Toronto, ON) - VoicePrint Canada presents a detailed examination of the issues in making one province fully accessible. On Saturday, January 29th and Sunday, January 30th at 1pm (ET), VoicePrint Canada will air the "Michael Lewis Memorial Policy Forum on the Ontarians with Disabilities Act" in a described format. The forum was held in London, ON in September 2004 and focused on what the new law, Bill 118, should contain. Bill 118 is aimed at updating the province's Accessibility for Ontarians with Disabilities Act to extend its obligations to the private sector in addition to government and other public sector operations. This symposium will air on VoicePrint Canada in two parts, beginning at 1pm on both days. The conference was previously aired by Rogers Cable in London; VoicePrint Canada is now providing the conference in a described version. VoicePrint Canada is a not-for-profit charity established in 1989 to enhance access to printed news, information and entertainment by more than 3.2 million vision- and print-restricted Canadians. VoicePrint Canada can be accessed on the S.A.P. of CBC Newsworld; Star Choice, ExpressVu and Look TV audio channels; and on the web at www.voiceprintcanada.com. -30- For more information: Steve Pownall Program Manager 1-800-567-6755 x. 233 spownall@voiceprintcanada.com   * Remember to attend in person or tune in on TV to watch the ODA Committee's presentation to the Standing Committee, scheduled for around 3:45 p.m. on Tuesday February 1, 2005.   * In the ODA Committee brief submitted to the Standing Committee, we refer to a December 23, 2004 letter which the Chief Commissioner of the Ontario Human Rights Commission sent to City of Toronto officials. It was copied to the Ontarians with Disabilities Act committee. We thought it would be interesting for you to see this letter, as it helps illustrate the need for strong new accessibility legislation. Ontario Human Commission ontarienne Rights Commission des droits de la personne Office of the Chief Commissioner Cabinet du commissaire en chef 180 Dundas Street West, 8th Floor 180, rue Dundas ouest, 8e étage Toronto ON M7A 2R9 Toronto ON M7A 2R9 Courier postal code: M5G 1Z8 Code postal pour livraison : M5G 1Z8 Tel.: (416) 314-4537 Tél. : (416) 314-4537 Fax.: (416) 314-7752 Télél. : (416) 314-7752 December 23, 2004 Ann Borooah Executive Director and Chief Building Official, Building Toronto City Hall 12th Floor East Tower 100 Queen Street West Toronto ON M5H 2N2 Dear Ann Borooah, I am writing to you in keeping with my public duty under s. 29 of Ontario's Human Rights Code to inquire into human rights matters. It has recently come to my attention that recent renovations to the "Village Centre" complex (formerly the "Churwell Centre") at 65 Wellesley Street East and 540 Church Street in Toronto have rendered these storefront businesses newly inaccessible for persons with disabilities. Businesses in the Village Centre complex that were, but are now no longer accessible, include Second Cup, Booster Juice, a bakery, and Subway sandwiches. There is also a PharmaPlus drugstore and a TD Canada Trust, but they remain in an accessible area of the complex. I understand that the Building Division of the City of Toronto's department of Urban Development Services is responsible for issuing building permits, including for renovations, and conducting inspections in accordance with the Ontario Building Code, the City of Toronto's zoning by-laws and other legislation. Section 1 of the Ontario Human Rights Code states that every person has the right to equal treatment with respect to goods, services and facilities, without discrimination, including because of disability. The Code has primacy over most other legislation including the Building Code Act. The Code therefore creates a right to accessible restaurants, shops, hotels, movie theatres etc. and places a positive obligation on businesses operating in Ontario to make their facilities accessible. A failure to provide equal access to a facility or equal treatment in a service constitutes a violation of the Code and can be the subject of a human rights complaint to the Commission (see for example, Turnbull v. Famous Players Inc. ((2001), C.H.R.R. Doc. 01-183 (Ont. Bd Inq.)). In March 2002, the Commission made a submission to the Ontario Government concerning deficiencies in barrier-free standards under the Ontario Building Code. In addition to the responsibilities of services provides, the Commission identified municipalities as having an important role in better enforcement of the Building Code. The City of Toronto Web page states that the goal of the Building Division is to help make the buildings where we live, work and play safe. This goal should include to also help make buildings accessible for Torontonians with disabilities, and at the very least, prevent them from becoming newly inaccessible. The Commission finds that dealing with complaints one at a time is too onerous for all involved and is not an effective use of our resources. More importantly, it does not facilitate an effective systemic remedy. And although the Commission has the power under s. 32(2) of the Code to initiate its own complaint on any such matter, the Commission feels that seeking a cooperative approach to preventing and removing barriers is preferable and will hopefully prove much more effective. The Ontarians with Disabilities Act helps facilitate a cooperative approach and sets out responsibilities and a mechanism for municipalities to plan and report on the identification and removal of barriers, including municipal policies and procedures that might adversely affect accessibility for persons with disabilities. In this regard, I am seeking clarification on whether it is possible that the issuing of building permits and subsequent inspections might result in a situation where a once accessible commercial building could be permitted to undertake renovations that would render storefronts newly inaccessible to customers with disabilities. If this could be the case, I would ask that: (1) the City of Toronto take steps to review this matter and report back to the Commission on how its policies and procedures might be revised to ensure that no new barriers are permitted in the issuing of building permits and inspections; and (2), that the City identify this problem and appropriate remedy in its next accessibility plan in accordance with the ODA. If not being done so already, when issuing building permits and undertaking inspections, the City of Toronto might, for example, apply the comprehensive Accessibility Design Guidelines it developed to ensure that proposed renovations and new building plans meet up-to-date best practices in barrier free design. Thank you for considering this matter. I look forward to your response and I would be pleased to discuss this matter further. In the meantime, if there are any questions about the Ontario Human Rights Code, the Commission's Policy and Guidelines on Disability and the Duty to Accommodate, or the Commission's Submission on the Building Code please contact Lauren Bates, Senior Policy Analyst, at 416-314-4522. Sincerely, Keith C. Norton, Q.C., B.A., LL.B. Chief Commissioner Copy Paula M. Dill, Commissioner Urban Development Services City of Toronto Mayor David Miller City of Toronto Nadia Temple Accessibility Directorate of Ontario Barry McMahon, Interim Chair Accessibility Advisory Council of Ontario David Lepovsky, Chair Ontarians with Disabilities Act Committee Jason Fane 65 Wellesley Ltd. Paula M. Dill, Commissioner Urban Development Services Toronto City Hall 12th Floor East Tower 100 Queen Street West Toronto ON M5H 2N2 Mayor David Miller Toronto City Hall 2nd Floor East Tower 100 Queen Street West Toronto ON M5H 2N2 Nadia Temple Accessibility Directorate of Ontario 3rd Floor 400 University Ave Toronto ON M7A 2R9 Barry McMahon, Interim Chair 3rd Floor 400 University Ave Toronto ON M7A 2R9 David Lepofsky, Chair Ontarians with Disabilities Act Committee c/o Marg Thomas 1929 Bayview Avenue Toronto ON M4G 3E8 oda@odacommittee.net NOTE: SEND THIS LAST ONE BY POST AND E-MAIL Jason Fane 65 Wellesley Ltd. 10 Bellair Street Suite 1702 Toronto, Ontario M5R 3T8 EXCERPTS The only available defence to such discrimination is showing that providing access or services would constitute undue hardship having regard to cost, outside sources of funding, or health and safety factors.

 

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