ODA Update
November 4, 2001

'Twas the Night before ODA

ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE 'TWAS THE NIGHT BEFORE ODA Here are some thoughts for tomorrow, on the eve of the most important new phase on the road to a strong and effective ODA: On Monday, November 5, 2001, when the Ontario Government introduces its new ODA bill into the Legislature for first reading, the ODA Committee and all supporters of a strong ODA can proclaim an important interim victory on the road to a strong ODA for persons with disabilities, even before we read the bill. This victory belong to all who have fought so hard over the past weeks, months, and years, both outside and inside the Legislature, to get us to this point. The interim victory includes our success in getting a bill before the Legislature, to be debated. After the Government broke so many promises to us in this area, some had thought we could never reach this stage. If the Government announces that there will be public hearings on the bill, then this will be another victory for us. Our supporters have fought so hard for hearings. Until now the Government had given no commitments for hearings on an ODA bill. We can also celebrate as a victory the Government's new "vision statement" on disability, announced last Thursday. This is because the Ontario Government has finally adopted the very goals that we have been urging on the Government for the past six and a half years. It sets as Ontario's goal the achievement of a barrier- free province, one in which existing barriers are removed and new barriers are prevented before they are created. It recognizes that every sector in society is responsible to act to achieve this. The Citizenship Minister's letter accompanying its Government's vision statement also recognizes the central need for new legislation to achieve this goal. It states that the ODA will be the centrepiece of the Ontario Government's strategy for implementing its new vision. This also adopts our position. We have advocated for years that new legislation is the key to achieving this goal. Imagine how this province would have looked now if the Government had adopted its new vision 6 and a half years ago. Tomorrow we should be prepared to celebrate these victories. Yet we must remember that they are only interim victories. We must quickly turn our attention to the bill itself, and read it carefully to see what is in it. The Government has set high expectations for this bill. We must make sure it is strong and effective so that it will truly fulfil this vision. The Government will understandably be seeking endorsements of the bill right away. We recommend to you that you withhold comments on the content of the bill, be they positive or negative, until you have had a chance to read it, including the "fine print." It is very wise not to comment based only on Government news releases, or a Minister's speech or briefing. Those presentations may not give you a full picture. They are, of course, written to put the best gloss on the bill. We will get the bill to you, as well as an analysis of it from the standpoint of our 11 principles, as fast as we can. You may want to look again at our one-page summary of what we are seeking in the ODA. We set it out below, in case you do not have it handy. We will have the chance after Monday to respond to the content of the bill. We will try to provide you all the help and resources we can to assist you with this. Also, if the Government announces public hearings on the bill, we will want to continue to urge that these be accessible, province- wide, and long enough to accommodate everyone who wants to present at these hearings. ***** ONTARIANS WITH DISABILITIES ACT COMMITTEE WHAT THE ONTARIANS WITH DISABILITIES ACT NEEDS TO INCLUDE 1. Does the proposed ODA include protection for all disabilities, physical, mental and sensory, be the disability visible or invisible? The ODA Committee believes that the ODA's definition of disability must be similar to the broad definition in the Ontario Human Rights Code. 2. Does the proposed ODA cover the removal and prevention of barriers in all aspects of life in Ontario whether in the public or private sector, such as: in employment and the enjoyment of goods, services and facilities e.g. transportation, health care, education and training, communication and access to information? The ODA Committee believes that for people with disabilities to fully participate in all aspects of a barrier-free Ontario society, the ODA must require that the barriers they face be removed and prevented in each of these areas. 3. Will the proposed ODA require that detailed standards be set for the removal and prevention of barriers through a consultative process with key stakeholders including people with disabilities, business, and others in the specific sectors affected? The ODA Committee believes that everyone benefits from having clear, specific standards that apply to everyone rather than having to fight against each barrier, one at a time, on a case by case basis through human rights complaints. These standards should be set along reasonable time lines by an independent, accountable public agency with expertise in disability barriers. 4. Does the proposed ODA provide a process for ensuring that barriers are removed and prevented in a timely manner? The ODA Committee believes that unless there is an enforceable requirement that barriers be removed and prevented, we will continue to live in a society with significant barriers. The timelines can be developed through the ODA's consultative process for setting standards. The standards should be sensitive to the different practical circumstances of big businesses and other organizations as compared to smaller businesses and other organizations. Organizations covered by the ODA should be required to develop and implement effective barrier-free plans which are consistent with the ODA's standards. Barrier removal and prevention should not be optional or voluntary. 5. Does the proposed ODA establish an effective mechanism beyond individual complaints to enforce these new standards? The ODA Committee believes that everyone benefits when the enforcement mechanism does not depend solely on complaints, but provides for proactive measures, prompt, effective systemic remedies and help for those who need to remove and prevent barriers. The ODA should make a substantial difference in the daily lives of Ontarians with disabilities. 6. Does the proposed ODA reduce existing rights of people with disabilities? The ODA Committee believes that the ODA must guarantee that nothing in it reduces any rights which Ontarians with disabilities now have. Email: oda@odacommittee.net

 

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Last updated November 5, 2001