United Nations State visit to Canada, April 2-12, 2019 by Ms Catalina Devandas Aguilar, UN Special Rapporteur to the Convention on the Rights of Persons with Disabilities.

Excerpts below are taken from the video available at http://www.cpac.ca/en/programs/headline-politics/episodes/65969897

02:09-02:23

"...My main finding is that Canada urgently needs to transform (its) system, that systemic change is needed to ensure that people with disabilities can enjoy their human rights on an equal basis with others."

02:30-02:40

"I have noticed that there are significant shortcomings in the way that the federal, provincial and territorial governments implement the rights of persons with disabilities."

02:40-02:50

"In many cases, persons with disabilities have to initiate very lengthy and onerous legal procedures to get their rights recognized."

03:30-03:52

"One thing that is lacking is a comprehensive human rights-based approach in the responses that the governments are giving to this population and this needs to be changed in line with the Convention on the Rights of Persons with Disabilities that has been ratified by Canada."

03:53-04:35

"I am deeply concerned, moving to an issue that is fundamental, that is the independent living of persons with disabilities within their communities, and I'm deeply concerned that many persons with disabilities are presented with no other choice except the placement in residential institutions like nursing homes and group homes, and it is important that the country break these segregated approaches and move to inclusive policies that provide the necessary support for persons with disabilities to live independently in their communities. This should be recognized as a human right and not merely as a social assistance program."

06:20-06:42

"...I'm also highly concerned about the specific challenges faced by Indigenous people with disabilities because they are over-represented in the population that face poverty, exclusion and discrimination and that overcoming this structural discrimination is essential to building an inclusive and equal society in Canada."

07:10-07:30

"One of the concerns that I have is that we need to look at the situation of persons with disabilities also residing for long term in psychiatric facilities."

10:05-11:26

"As I said, I think that one of the main challenges of Canada is particularly the provision of home support. Home support that allows persons with disabilities to live independently and to perform all their daily activities in the community with autonomy, and these, there are severe and significant discrepancies across the country in how persons with disabilities are receiving that support. That support is not considered to be an entitlement, it's more like a program that is social assistance and it's tapped. You know, you have funding taps, you have long waiting lists to receive that kind of support, and as a result, in many cases when there are high support needs, people with disabilities by default being sent to residential facilities, which is a fact, I think a risk, that Canada is engaging in a process of re-institutionalization of persons with disabilities and this is something that really needs to be addressed urgently to make sure that services are provided in the community, that support is available for persons with disabilities so that you avoid situations in which nursing homes or home groups or other kind of residential facilities are the only and default option for persons with disabilities. And yes, it is against the Convention on the Rights of Persons with Disabilities, particularly Article 19."

17:31-18:53

"Yes, with Indigenous populations indeed, Indigenous persons with disabilities, I think that there are dramatic challenges to be addressed and their access to services in a timely manner, and services that are culturally sensitive, that would avoid the risk of assimilation. Many persons with disabilities living on reserve can only access services by leaving their communities, which presents additional challenges. And I do appreciate that Bill C-81 is probably going to, there's going to be an opportunity to discuss with First Nations governments on how to advance, and if, and how, this Bill applies to Indigenous persons with disabilities. What my recommendation is that in that regard, is that it is important that all authorities involved in that process make sure that this process is done in the most efficient, and as fast as possible, to ensure that the needs of persons with disabilities in the Indigenous community are protected as well."

19:30-21:20  Solutions for support in the community are discussed:

                      -community-based services
                      -independent (individualized) funding
                      -remove caps on hours
                      -increase hours of support in the community for high needs individuals rather than  default to institutionalization.

ONE SOLUTION FOR SUPPORT IN THE COMMUNITY THAT WASN'T DISCUSSED WAS THE NEED FOR UNIVERSAL DESIGN FEATURES IN HOUSING. BARRIERS IN HOUSING OFTEN LEAD TO UNSAFE HOME CIRCUMSTANCES, OR IN MORE EXTREME SITUATIONS, TO PREMATURE INSTITUTIONALIZATION BECAUSE HOME ENVIRONMENTS AREN'T TYPICALLY WELCOMING TO A DECLINE IN ABILITIES NOR TO DISABILITIES. RESPONSIBILITY FOR THESE BARRIERS IN LARGE PART RELATE TO BUILDING CODES THAT PERPETUATE THESE BARRIERS IN HOUSING.

A report on Canada will be submitted to the Human Rights Council in March 2020. This will be the second report highlighting the shortcomings of the implementation of the Convention on the Rights of Persons with Disabilities in Canada, the first one available at:
https://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fCAN%2fCO%2f1&Lang=en

The initial report on Canada, as well as this State visit, should be a wake-up call to Canada...we must do far better for Canadians with disabilities. We are obligated to do so in the CRPD as well as in our Canadian Charter of Rights and Freedoms.

Today's Accessibility Town Hall, Queen's Park

MY 3-MINUTE PRESENTATION WILL FOCUS ON ARCHITECTURAL BARRIERS IN HOUSING THAT EXCLUDE PERSONS WITH DISABILITIES

The intended goal of the AODA has been to achieve accessibility for Ontarians with disabilities but one sector where we've failed miserably is housing. I think it's despicable that we're now into our 14th year of the AODA yet no standard has been created for housing; we're intentionally ignoring our human rights' obligations in housing. Worse than that, the "Initial Proposed Accessible Built Environment Standard" dated June 2009 died in 2011 due to intense lobbying against it; Chapter 13 already contained recommendations for housing. This 272-page draft document would have prevented new barriers in housing had it been implemented 10 years ago rather than eliminated. It might have actually decreased the accessible housing crisis that we're now facing.

As it stands, the Ontario Building Code continues to exempt nearly all private housing from barrier-free design requirements in section 3.8.1.1; the only exception is that 15% of units in new apartment buildings are required to be VisitAble, which is the most basic & affordable form of barrier removal in housing. This discriminatory building code policy condones architectural barriers that exclude persons with mobility disabilities from most housing. The unfortunate result is that anyone who needs housing more suited to their changing abilities has no choice but to search for a suitable renovation contractor...or build a custom home...both of which are expensive propositions. 

The myths surrounding barrier removal in housing include the following: it's ugly, it's too expensive, it's too complicated or there's no demand for it. All of these myths are false. It's not ugly, I've personally seen beautiful design in Winnipeg and also in Bolingbrook, Illinois. The cost is far more reasonable in new construction because renovating for accessibility can be up to 20 times more expensive. It's not too complicated because best practices already exist nationwide, home builders simply need to learn from their colleagues who have already done it. And regarding demand, I know there is because we have millions of baby boomers who are already seniors & experiencing a decline in their abilities...and hundreds of thousands of Canadians with a variety of mobility disabilities.

But there is hope. Canada Mortgage and Housing Corporation already has decades of experience with barrier removal in housing, one example being their FlexHousing program going back to the early 1990s. As well, the Canadian Standards Association has a section about housing in their B651 accessibility standards. And there are a number of accessibility professionals eager to guide home builders through the process of barrier removal.

What we need is strong leadership to move forward with human rights in housing, to ensure that architectural barriers are prevented as part of our AODA ambitions. We need housing to be welcoming, safe and sustainable...Ontarians with disabilities deserve far better than our current practice of ableism and exclusion. We must act to eliminate the exemption of housing from barrier-free design requirements in Ontario Building Code section 3.8.1.1.

THANK YOU.