Tuesday, October 20, 2020

Disability rights in new housing

Why am I constantly ranting on social media about disability rights in new housing? Simply stated, not only because it's a subject that's near and dear to me but more importantly because it's human rights law!

 Let's take a moment to consider our homes, a place with such significant value for all of us, a place that should make us feel safe, comfortable, at ease, and then also symbolizing a sense of belonging and pride. But for many people, this isn't the case. Many of you have no idea what Universal Design is or why it should matter in new housing but it's a subject that I've spent a long time promoting for its many benefits...for all people...not just for seniors, disabled individuals or anyone else deemed to be "vulnerable". That's why it's Universal, it's for everyone no matter where you or your loved ones are in life's journey. 

Please allow me a few moments of arrogance to share my background to help demonstrate my high level of comfort with this subject:

-I started working front-line assisting individuals with disabilities in the Fall of 1994 and continue to do so now, that's 26 years of relevant experience. I've personally experienced the many benefits of Universal Design features in a variety of home environments throughout those years, but more importantly, I've personally witnessed the devastating impacts when Universal Design isn't considered in housing and it robs people of their independence and negatively impacts their health, safety and their ability to stay in their homes and neighborhoods (where they've established social connections and a sense of "home").

-Both of my parents have endured mobility challenges so there's a personal connection to this subject. My late mother was unable to safely visit our family home for part of her hospitalization because of its poor design and her fear of being carried up the front stairs (modifications to their home weren't completed until late 2005, less than a year before my mother passed away in August 2006). My father's mobility has changed over the years from using a cane, to a walker, to now using a wheelchair intermittently (he now lives in a retirement residence). Lousy design in their home created unnecessary hurdles that negatively impacted their lives. 

-My many years of research on this subject started in late 2006, soon after my mother passed away so I've spent thousands of hours on it, and thousands of dollars in various ways (obtaining my Certified Aging in Place Specialist course in Florida, visiting Bolingbrook, Illinois, visiting the Bridgwater neighborhood in Winnipeg, attending conferences and workshops, volunteering my time in countless presentations for the public's "education and awareness" purposes, etc). 

-I was one of six task force coordinators in a federal "VisitAbility Project" with the Canadian Centre on Disability Studies, I was the task force coordinator for Ottawa from December 2013 to March 2016, throughout the three-year mandate of this national project. (http://visitablehousingcanada.com/visitability-project/task-forces/)

-I was invited into the accessibility portion of the National Housing Strategy on September 7, 2016 when they had an event in Ottawa (before it became federal law in the National Housing Strategy Act in 2019). 

-I co-designed a house plan with many Universal Design features with the late Maureen Nolte, a real estate agent from the Kemptville area. Maureen discussed what would sell, I discussed what was needed to make it Universal in practicality/use. (https://www.youtube.com/watch?v=Fl9Gubh-qyc)

-I was an advisor for Ontario's first VisitAble model home and sales office with Mapleview Homes (Grand Opening on May 27, 2017), formerly of 300 Fischl Drive in Prescott, Ontario. That home sold when they moved their business to Brockville Ontario, where they continued offering these features as standard in many of their new homes since then. 

-I was an advisor for the first VisitAble Lottery Home in Ontario, the 2018 Bluewater Health Dream Home. (https://www.youtube.com/watch?v=a6tEStdLr9Q&list=FLMgvym8hKEjWuxmnGNvR3Tg&index=24) (https://www.theobserver.ca/2017/08/08/hospital-lottery-grand-prize-uses-visitable-design/wcm/3e78495f-0310-a9ac-5b3d-2b2822d3f2a2)

-I submitted the first Code Change Request (#964) with the Canadian Commission on Building and Fire Codes which addresses discriminatory building code policy in new housing, which also happens to be a clear violation of domestic and United Nations human rights laws against Canadians with mobility disabilities. It started on June 30, 2015 and is still on-going after 5.5 years of stalling by this federally-funded code development department within the National Research Council of Canada. 

-I'm a co-complainant with Judy Kerr in a United Nations complaint against the Government of Canada. Case number 76/2020 was registered on January 21, 2020 (submitted in January 2019). The issue of multiple violations of the UN Convention on the Rights of Persons with Disabilities in the National Building Code of Canada, specifically relating to new housing, is the basis for this on-going UN complaint.  

What upsets me the most: lousy design in new housing is entirely preventable, accessibility and other standards have already existed for decades, which includes some custom housing and public housing (also look at the many public buildings that have had it as a requirement for decades and all of the pitfalls & challenges that are already sorted out in the commercial side of new development, that knowledge and expertise could easily be transferred on a larger scale to all new housing development). And best practices for new housing already exist in Canada, such as in Winnipeg as I previously mentioned by referencing the Bridgwater development. (https://www.youtube.com/watch?v=zy60KXRAnOc&t=60s) Furthermore, Canada Mortgage and Housing Corporation, our national housing agency, has published many research documents on the subjects of VisitAbility, Adaptability, Accessibility and Universal Design. And just in case that wasn't enough, best practices from around the globe can also be easily replicated (https://www.lifemark.co.nz/).

One last point, housing is the biggest and wealthiest business in the world so the resistance against Universal Design can sometimes be daunting, they perpetuate myths against it because of their greed and indifference to human rights law. But there's one bright star in all of this, there are thankfully some innovative and sustainable home builders like Mapleview Homes in Brockville, Ontario and Lifemark in New Zealand that already offer these features in their new homes. To close, I'd like to reiterate what I said in my final report as a task force coordinator in 2016, we need model homes nationwide that showcase Universal Design to inform consumers about real, practical features that will allow them to have homes that will adapt to each person's evolving abilities and needs throughout their lifetime. With aging comes an increasing level of disability, that's why disability rights in new housing need to matter far more than they currently do, in case human rights aren't enough of a reason. 

 


Tuesday, June 16, 2020

A word of thanks to Accessible Media Inc.

I would like to share my gratitude to Accessible Media Inc and Now with Dave Brown for inviting me to speak about an active United Nations complaint on the morning of March 12th. The complaint submitted by myself and Judy Kerr, in January 2019, brought forward our concerns with the National Building Code of Canada ignoring human rights law in section 3.8.2.1.

Although grateful, I'm also left bewildered as Accessible Media Inc is the only organization in Canada to have engaged with us on this subject since the United Nations complaint was made public via social media accounts (the UN letter was pinned to my Twitter account on April 20th and posted publicly on my Facebook account on May 20th). There hasn't been one government department (municipal, provincial/territorial or federal), not one special interest group, not one human rights lawyer or anyone else whose salary is based on disability rights that's been in contact with either of us about this UN complaint since it went public. I acknowledge that my many tweets about discriminatory building code policy (that excludes Canadians with mobility disabilities from the majority of new private housing) can be abrasive or harsh at times but the subject matter is very important. The majority of new private housing in Canada continues to be built in a way that ignores 35 years of human rights law in the Canadian Charter of Rights and Freedoms (section 15 equality rights for Canadians with disabilities became law in 1985, this hasn't been the case in new private housing since then).

Let me clarify, I've had regular contact with one federal department about discriminatory building code policy since June 30, 2015...the Canadian Commission on Building and Fire Codes (CCBFC). It's been a very frustrating process to go through a Code Change Request for that long yet building code still exempts new private housing from human rights law. That's why the United Nations complaint was submitted in January 2019, my frustration with the CCBFC reached a boiling point because of their incredibly slow review of my Code Change Request which is soon approaching five years. My original submission in June 2015 not only highlighted human rights but also domestic and international research and best practices. I even highlighted the significant risk of litigation to the CCBFC, again with no immediate effect.

Another frustration has been the fact that I can't get an answer regarding Covid's impact on the July 21st deadline imposed by the United Nations. Will Covid mean an extension to the 6-month deadline indicated in the January 21st letter to the Government of Canada? My opinion is that 6 months is ample time to answer, Covid or not, because there are multiple federal departments impacted by the UN complaint (the Canadian Commission on Building and Fire Codes, the National Research Council of Canada, Codes Canada, the Canadian Human Rights Commission, the Office of Disability Issues, etc). Given the fact that it pertains to chronic human rights violations (specifically, contempt of human rights law), I would hope that it would be a high priority subject for our federal government. To say that I'm eager for July 21st is an understatement. Will the Government of Canada acknowledge that the 2020 update of the National Building Code of Canada, delayed to February 2021, must end their exemption in section 3.8.2.1? Or will it be deferred to the 2025 update, thereby condoning this injustice for a full 40 years? Deferring to 2025 would likely open the door wide open to litigation with significant settlements as there are 600,000 Canadians with mobility disabilities...if ony 0.1% decided to sue, that would be 600 cases or one significant class-action case.

Again, my sincere thanks to Accessible Media Inc for their interest in our United Nations complaint (registered as case 76/2020 on January 21, 2020).