425 Bloor Street East, Suite 110Toronto, Ontario M4W 3R4www.archdisabilitylaw.ca

(416) 482-8255 (Main) 1 (866) 482-ARCH (2724) (Toll Free)(416) 482-1254 (TTY) 1 (866) 482-ARCT (2728) (Toll Free)(416) 482-2981 (FAX) 1 (866) 881-ARCF (2723) (Toll Free)

ARCH Alert December 03, 2012

HAPPY INTERNATIONAL DAY FOR PERSONS WITHHAPPY INTERNATIONAL DAY FOR PERSONS WITH DISABILITIES – DECEMBER 3DISABILITIES – DECEMBER 3

(Image above is the United Nations logo with the addition of the word “enable”)

INSIDE THIS ISSUE International Day for Persons with Disabilities 1ARCH’s Holiday Office Hours 2Supreme Court of Canada Confirms Duties of School Board in Meeting Needs of Students with Disabilities

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An important Victory for Equality and Access to Justice Rights for People with Disabilities

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Empowerment Council Granted Standing at Ashley Smith Inquest 5Ontario Human Rights Review Completed 6Ontario’s Ombudsman Announces that He will Investigate Services for Adults with Developmental Disabilities

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Recommendation of the Social Assistance Review: Brighter Prospects? 8Working with Deaf Clients and Clients with Hearing Loss 10Inclusive Design Institute: Designing for the Full Range of Human Diversity 11Recent International Resources on Women and Girls with Disabilities 11The Campaign for a Living Wage 13COMMUNITY EVENTS 14Publications at ARCH 17

ARCH Alert www.archdisabilitylaw.ca December

03, 2012 ARCH’s Holiday Office Hours

ARCH Disability Law Centre will be closed on the following days during the holiday season:

Monday December 24, 2012 after 12:00 pm Tuesday, December 25, 2012 to Tuesday, January 1, 2013

Season’s Greetings from all of us at ARCH!

Supreme Court of Canada Confirms Duties of School Board in Meeting Needs of Students with DisabilitiesBy Robert Lattanzio and Laurie Letheren, Staff Lawyers

On November 9, 2012, the Supreme Court of Canada released a decision today in Moore v. British Columbia (Education). This decision will be extremely important to students with disabilities in the general education system.

In this case, the Supreme Court affirmed the decision of the British Columbia Human Rights Tribunal in which the Tribunal found that the failure of the school district to meet Jeffrey Moore’s needs as a student with a disability was discriminatory. The Court found that the goal of general education is that “all children should be afforded opportunities to develop their full potential … and the District did not take all the steps necessary to give Jeffrey the education to which he was entitled.” In reaching this conclusion on discrimination, the Supreme Court confirmed, the school board must show that “it could not have done anything else reasonable or practical to avoid the negative impact on the individual” …”accommodation is not a question of mere efficiency”.

One of the central issues that the Supreme Court addressed at the hearing on March 22, 2012 was the meaning of “services” for students with disabilities in the education context. The majority of the British Columbia Court of Appeal had determined that for students with disabilities who access supports through “special education services”, the meaning of “services” is the “special education services”. Represented by Roberto Lattanzio and Laurie Letheren of ARCH, the Canadian Association for Community Living (CACL) had intervened in the appeal before the Supreme Court. The focus of CACL’s submissions was on the meaning of service. CACL argued that to define service in this context as “special

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03, 2012 education services” promotes exclusion of students with disabilities from the general education services that are to be available to all. This is inconsistent with the goals and principles of human rights legislation and the Convention on the Rights of Persons with Disabilities.

The Supreme Court agreed that the lower courts had erred in defining “special education” as the service. Justice Abella, who wrote the decision on behalf of a unanimous Court, rejected the separate but equal approach that this meaning of services promoted. The Court stated, “Comparing Jeffrey only with other special needs students would mean that the District could cut all special needs programs and yet be immune form a claim of discrimination.”

Another important factor that the Court considered in concluding that the District had discriminated against Jeffery Moore was that the school District was aware of the importance of supports that Jeffrey needed but the District had not considered the impact or planned for alternatives when it cut the program that Jeffrey needed.

The Supreme Court ordered that the District pay the Moores the cost of the private schooling that Jeffrey had to attend in order to achieve his true potential in his education and to pay for the damages for the harm that Jeffrey suffered. In addition, the Court ordered that Moore’s costs throughout this very long litigation process be paid by the District.

In ARCH’s view this is a very positive decision for students with disabilities. Robert Lattanzio and Laurie Letheren are “pleased to see that the Supreme Court affirmed what ARCH has often argued is the procedural duty on school boards when they are accommodating the needs of students with disabilities. The school cannot simply say, ‘this is what we will offer the student’. The Court has clearly stated that school boards must make a full assessment of all the alternatives that could be available in accommodating the needs of students with disabilities.” As Michael Bach, Executive Vice-President of CACL has stated, “Special education has been a ‘dead end’ for far too many students with disabilities. This judgment makes it clear once and for all. The real test of special education services is whether they provide the “ramp” to educational services to which all children are entitled. And, as required under the UN Convention on the Rights of Persons with Disabilities, such services must, by definition, be inclusive. Special education has to be designed to make that happen for all.”

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03, 2012 An important Victory for Equality and Access to Justice Rights for People with DisabilitiesBy C. Tess Sheldon, Staff Lawyer

The Supreme Court of Canada (SCC) recently released its decision in Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society. That decision is an important victory for equality and access to justice rights in Canada, particularly for the most marginalized in our society. ARCH was granted intervener status at the Supreme Court as part of a coalition with Justice for Children and Youth (JFCY) and West Coast LEAF.

Until the SCC released its decision in this case, a three-part test governed which public interest groups were allowed to seek to challenge legislation or government action on behalf of marginalized communities. Unfortunately, the test had been interpreted to mean that a group should not be granted “public interest standing” if there was any possibility that an individual litigant could challenge the legislation or action. Given the realities of the lives of members of equity seeking groups, it is likely that most would not have the resources to mount comprehensive systemic challenges to the regimes that oppress them.  Additionally, it placed the burden of testing the constitutionality of law or government action onto our most marginalized community members.

This case involves an organization of women called the Downtown Eastside Sex Workers United Against Violence (SWUAV) and Sheryl Kiselbach, a former sex worker with 30 years experience who now works with street-based sex workers. SWUAV and Kiselbach filed a constitutional challenge to the Criminal Code provisions around prostitution.

Before a Court got a chance to decide whether certain Criminal Code provisions around prostitution were unconstitutional, the Federal Government asked the court to find that Sheri Kiselbach and SWUAV did not have the right to challenge the laws. The issue in dispute was whether there was another reasonable and effective way to bring the challenge of the prostitution provisions before the court, including raising Charter arguments during the prosecution of a sex worker charged under the Criminal Code. In 2008, the British Columbia Supreme Court agreed with the government, finding that SWUAV did not have “public interest standing” to challenge the constitutionality of the Criminal Code provisions. The British Columbia Court of Appeal reversed that decision.

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03, 2012 ARCH, JFCY and West Coast LEAF intervened to argue that organizations (like SWUAV) ought to be able to bring forward important constitutional cases on behalf of people who do not have effective access to the justice system on their own. Individuals with disabilities face considerable obstacles to accessing justice and advancing their legal rights in court.

In September of this year, the SCC unanimously ruled that SWUAV and Ms. Kiselbach should both be granted public interest standing. The SCC found that the motion judge applied the three-part test for public interest standing too rigidly in that he required SWUAV to show no other means for litigating the issues. The SCC held that courts should consider the “practical realities” of litigation, such that it is “very unlikely” that a person charged under the prostitution-related provisions would challenge those laws.  The SCC also acknowledged that public interest litigation may “provide access to justice to disadvantaged persons in society whose legal rights are affected.”  The ruling means that SWUAV and Ms. Kiselbach can return to the B.C. Supreme Court to pursue the Charter challenge.

The decision is important since it paves the way for greater access to our courts for vulnerable persons, including persons with disabilities.  The SCC recognized the practical barriers that marginalized individuals face in bringing forward complex constitutional litigation, and has affirmed the right of individuals to work collectively to challenge laws that heighten their vulnerability.

ARCH was granted intervener status as part of a coalition with Justice for Children and Youth and West Coast LEAF. Clearly, the work was its best as a result of this collaboration. 

Empowerment Council Granted Standing at Ashley Smith Inquest By Karen R. Spector and Tess Sheldon, Staff Lawyers

The inquest into the death of Ashley Smith is scheduled to commence on January 14, 2013. Coroner Dr. John Carlisle is presiding.

Ms. Smith was 19 years old when she died on October 19, 2007, while she was an inmate at the Grand Valley Institution for Women in Kitchener, an adult penitentiary operated by the Correctional Service of Canada within the province of Ontario.

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03, 2012 ARCH Disability Law Centre has been working jointly with Justice for Children and Youth (JFCY) in representing the Empowerment Council at the inquest. Mary Birdsell at JFCY is counsel to the Empowerment Council. The Empowerment Council is an autonomous, member-run organization that consists of persons who are recipients or former recipients of mental health and/or addiction services at the Centre for Addiction and Mental Health. The Empowerment Council serves as the voice for consumers/survivors of the mental health system in its aim to advocate on a systemic level on behalf of mental health and addiction clients.

On September 24, 2012, the Empowerment Council was granted public interest standing at the inquest. The Empowerment Council was recognized as being able to provide the inquest with a unique perspective on the use of, effects, and alternatives to the use of restraints and seclusion for people with mental health issues. The Empowerment Council was also found to have a unique contribution in respect of the effects on a person’s mental health when involved in a system where one’s rights are violated including the rights to consent and refuse to consent to treatment. Finally, the Empowerment Council was also found to have a valuable contribution to make on how correctional officers relate to persons with mental health issues.

Over the past few months, the inquest has dealt with a number of preliminary motions which attempted to further shield Ashley’s death from public scrutiny. In particular, the Correction Service of Canada and the individual doctors brought a motion to narrow the scope of the issues being explored at the inquest. In addition, the Correctional Service of Canada also brought a motion to prevent from public view a number of videos of Ashley Smith’s treatment while she was in their custody.

The Empowerment Council resisted these motions and argued that in circumstances where Ashley Smith’s death occurred behind prison walls, an overly restrictive scope would only serve to perpetuate the conditions in which Ashley died and avoid the necessary public scrutiny contrary to the sprit and purpose of the Coroner’s Act. These motions made by Correction Service of Canada and the doctors were ultimately denied or abandoned. (The Correctional Service of Canada withdrew its motion to narrow the scope of the inquest.) In the end, the inquest goals of transparency, public oversight and accountability prevailed.

This inquest is important for people with disabilities as it will examine alternative ways in which the correctional system can treat persons with disabilities so as to enhance, empower and promote their dignity, autonomy and ultimate reintegration.

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Ontario Human Rights Review CompletedBy Laurie Letheren Staff Lawyer

In 2008, the system for making claims of discrimination under Ontario Human Rights Code was overhauled. The changes to the Ontario Human Rights Code included a mandatory 3 year review of the new system. In August 2011, Mr. Andrew Pinto was appointed as the person to conduct the review. As part of his review, Mr. Pinto conducted a public consultation, invited written submissions and met with various stakeholders. ARCH participated in this public consultation process. To read ARCH’s submission, click ARCH Written Submission of Ontario Human Rights Review or copy and paste http://goo.gl/P2zIH Mr. Pinto recently released his report on the conducted review. To access the full report, click Ontario Human Rights Review 2012 or copy and paste http://goo.gl/aRQ17

Mr. Pinto reported that in general those who participated in the review indicated that the Human Rights system in Ontario was much more efficient than it had been prior to the 2008 changes. Most reported that cases were resolving much more quickly and there was greater transparency in the system. However, Mr. Pinto reported that participants repeated a number of the same concerns, including the following:

The Human Right Legal Support Centre offers high quality services but it does not have the resources to meet the demands for its services

Too many applicants are self-represented at the Tribunal whereas respondents are almost always represented

The Tribunal’s forms and rules are too complex

More public education and information on the human rights system is needed, particularly for vulnerable individuals and marginalized communities

The current role of the Ontario Human Rights Commission is not well understood and it should be more involved in applications at the Tribunal

The Human Rights Tribunal, Human Right Legal Support Centre and Ontario Human Rights Commission should better coordinate their services

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03, 2012 The report concludes with 34 recommendations for improving the delivery of the human rights system in Ontario. Some of the recommendations are specific to the services provided by each of the Human Rights Tribunal, Human Right Legal Support Centre and Ontario Human Rights Commission while others are recommendations that might be implemented by the system as a whole.

One of the suggestions made by ARCH to help to improve the accessibility of the Human Rights Tribunal was that the Tribunal should establish an Accessibility Office which would act as a centralized point for persons with disabilities. In this way, the Tribunal would have access the specialized expertise of the Office in order to develop consistent solutions to the barriers experienced by Applicants with disabilities. Mr. Pinto suggested that this “innovative suggestion” made by ARCH could assist in improving the accessibility of the Tribunal.

Some of the other recommendations made by Mr. Pinto which may be of particular interest to people with disabilities who are accessing the human rights system in Ontario are: Improving the usability and accessibility of the Tribunal’s forms Tribunal should attempt to hold mediations early in the process Tribunal should release details on settlement terms reached through mediation Tribunal should consider how to improve its regional presence Human Rights Legal Support Centre should make attempts to lessen its wait times Human Rights Legal Support Centre should have more staff outside of Toronto Human Rights Commission should develop a litigation strategy for advancing systemic

cases Commission should establish and maintain a unit that would offer telephone and/or

internet based summary advice and information to assist respondents comply with their human rights obligations.

ARCH agrees with many of the recommendations made by Mr. Pinto. It is now up to the public to put pressure on the Attorney General of Ontario to consider the recommendations and take steps to further improve Ontario’s human right system.

Ontario’s Ombudsman Announces that He will Investigate Services for Adults with Developmental DisabilitiesBy Laurie Letheren, Staff Lawyer

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03, 2012 On November 29, 2012, Ontario Ombudsman André Marin announced he would investigate the “services for adults with developmental disabilities who are in crisis situations, after several desperate families complained their loved ones risked being sent to homeless shelters or jail because there was nowhere to care for them.”

The Ombudsman stated that complaints to his office about the lack of services for adults with intellectual disabilities have significantly increased over the last couple of years. He described the complaints as identifying that “services for them essentially vanished when they turned 18.  Many complained of a lack of planning and funding, lengthy delays and poor co-ordination of care through agencies contracted by the Ministry.” According to the Ombudsman’s website, the “investigation will focus on two issues – whether the Ministry is adequately responding to urgent situations involving adults with developmental disabilities, and whether it is doing enough to co-ordinate, monitor and facilitate access to services for them.” To access the link, click Ontario Ombudsman or copy and paste http://goo.gl/ut6wC

The Ombudsman is asking anyone who has information relevant to the investigation to contact his office at 1-800-263-1830, file an online complaint by clicking File an Online Complaint or copying and pasting http://goo.gl/Vsx4w or email info@ombudsman.on.ca.  

Recommendation of the Social Assistance Review: Brighter Prospects?By Dianne Wintermute, Staff Lawyer

Commissioners Frances Lankin and Munir Sheikh have released their recommendations for the overhaul of social assistance in Ontario. The Report is entitled “Brighter Prospects” and can be found on the Commission’s website. Click Brighter Prospects or copy and past http://goo.gl/GiXMf .

This article will provide an overview of some of the key recommendations. However, we will not provide our analysis of the recommendations, as ARCH intends to hold a forum with our community partners and interested people with disabilities in the New Year to develop an analysis and develop a plan of how we wish to proceed.

The first recommendation we wish to note is that the Report recommends one integrated program for Ontario Works (OW) and Ontario Disability Support Program (ODSP) that will be administered by each municipality. This is a radical departure from the current system

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03, 2012 in which OW is administered by the municipality and ODSP is administered provincially. First Nations will administer their own program for their own communities. There would be one cheque, which would be comprised of a flat amount intending to cover both basic needs and housing related costs. The amount is intended to, at least eventually; reflect the cost of living in different areas across the province. The Report also recommends getting rid of the lodger/boarder amounts and the living with parent amounts.

People wonder whether no longer having a specific program for people with disabilities will somehow detract from the particular needs of people with disabilities. There is also a concern that integrating the two programs will cost significant time and money, will require extensive training of staff, and involve other issues that will have enormous resource implications.

The other issue that is related to integration is that now, is the recommendation special benefits such as dietary, medical and transportation be delivered outside of the OW/ODSP system, which could create additional confusion and possible delays. This would include a disability supplement, health benefits, a sole-support parent supplement and the children’s supplement (which is already delivered outside of the social assistance regime). Moreover, given that municipalities will be delivering the primary benefit, there could be large discrepancies in the payment of any discretionary benefits from one municipality to another.

The Commissioners do not recommend that the current definition of disability change. So if someone meets that definition, then they would be eligible for a disability supplement on top of the flat rate. The disability benefit will eventually be available, not just to those who qualify for ODSP, but also to other low-income Ontarians to help to address the need for additional supports and services required by people with disabilities.

However, the primary focus of the report is getting people back into the workforce, regardless of whether they have a disability or not. To that end, each person in receipt of social assistance (with some exceptions) will be expected to agree to a “Pathway to Employment Plan”. This is a document that will replace the former Participation Agreement. The intent behind the Pathways to Employment Plans is to identify barriers to employment for each individual based on their “distance from the labour market” (it is not entirely clear to us what is meant by this measure at this point in time). The recommendations anticipate that people will have access to a full range of employment services, with supports for alternative forms of employment. It is also expected that there will be employer councils and partnerships with corporate leaders to promote the hiring of persons with disabilities. This is one of the ways in which municipal delivery of employment supports could be

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03, 2012 beneficial, because each municipality will have more of a connection with their local employers and labour markets.

Many of the proposed recommendations address the discrepancies between OW and ODSP. For example, it is proposed that the asset level for single OW recipients be raised to $5,000.00, the same as it is for single ODSP recipients. The rules on receiving gifts would also be harmonized, and OW recipients would be able to receive gifts up to the maximum of $6,000.00 during a 12 month period, the same as those on ODSP. This rule would also exempt gifts of payments to cover extraordinary costs, like replacing furniture or home repairs (acknowledging, perhaps, the cuts to the Community Start Up and Maintenance Benefit).

There are 108 recommendations in all, some of them of much more significance to people with disabilities than others.

However next steps are difficult to determine. As we know, the government is not sitting until a new leader of the Liberal party is chosen. After that, many people anticipate that a provincial election will be called. The Report and its recommendations are now in limbo. However, ARCH would like to be ready to move ahead with our thoughts and issues as soon as possible. Check the ARCH Website for details of our up-coming community consultations.

Working with Deaf Clients and Clients with Hearing LossBy Edgar-André Montigny, Staff Lawyer

On Friday December 14, 2012 the Ontario Bar Association (OBA) will host a ½ day presentation (9:00 a.m.-12:30 p.m.). The presenter will be Gary Malkowski who works at the Canadian Hearing Society (CHS) and is an ARCH Board member. The OBA has partnered with the CHS and ARCH to deliver this program.

This informative and engaging program will provide insight into the circumstances and culture of the Deaf and hard of hearing community with the goal of deepening participants’ understanding of the language, communication and legal needs of culturally deaf, oral deaf, deafened and hard of hearing clients. Attitudinal barriers, ableist and audist assumptions and their impact upon the life of a client will be examined. The various models of disability

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03, 2012 and deafness as well as issues of terminology will also be explored. This program will provide legal service providers with guidance on how to deliver barrier free services to Deaf and hard of hearing clients, focussing on those whose language is a signed language.

The program will be presented live at the Ontario Bar Association Conference Centre at 20 Toronto Street. If you cannot attend the program live it can be accessed via live webcast as well.

For more information and to register to attend in person, click Live In Person Registration or copy and paste http://goo.gl/O2qyh. For more information and to register for the live webcast, click Live Webcast Registration or copy and paste http://goo.gl/t9rP0 .

Inclusive Design Institute: Designing for the Full Range of Human DiversityBy Yedida Zalik, Community Outreach Coordinator

“Inclusive design” is design that is inclusive of ability, language, culture, gender, age and other forms of human difference. Designing inclusively allows everyone to have better experiences.

The Inclusive Design Institute (IDI) is a collaboration of eight post-secondary institutions along with numerous multi-sectoral partners. The institutional partners are: OCAD University, Ryerson University, York University, University of Ontario Institute of Technology, University of Toronto, Sheridan College, George Brown College and Seneca College.

IDI supports research on software architectures, design and development tools, supportive applications, exemplary policies, specifications and standards.

IDI involves the larger community and a diversity of end users as active participants in the full cycle of research and development. This community engagement is organized primarily through a new facility at 49 McCaul Street, Toronto. That facility incorporates an accessible performance space as well as a participatory inclusive design lab.

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03, 2012 For the website and contact information, please click or copy and paste www.inclusivedesign.ca

Recent International Resources on Women and Girls with DisabilitiesBy Yedida Zalik, Community Outreach Coordinator

On October 23, 2012, the United Nations held a panel discussion on violence against women and girls with disabilities. Detailed information about that panel, including notes from some of the speakers, is available online. For more information, click Panel Discussion or copy and paste http://goo.gl/xYP3h .

The panel explored strategies to engage the international community in ending violence against women with disabilities. It was also a precursor to upcoming events in 2013. These include the March 2013 session of the Commission on the Status of Women as well as a session of the UN General Assembly to be held in September 2013. That session will examine “The way forward: a disability inclusive development agenda towards 2015 and beyond.”

Participants at the October 23 panel were welcomed by the Assistant Secretary-General for Economic Development, United Nations Department of Economic and Social Affairs, Shamshad Akhtar. During her remarks, Ms Akhtar linked risk of violence to the economic inequality faced by women with disabilities.

Lakshmi Puri, Assistant Secretary-General/Deputy Executive Director, UN Women, gave the opening remarks. Ms Puri advocated for “mainstreaming”, calling for the integration of a disability lens into gender equality work. She also discussed the importance of bringing a gender perspective to disability rights work.

Rashida Manjoo, Special Rapporteur on Violence against Women, also spoke at the event. Ms Manjoo examined the convergence of various grounds of discrimination in the area of violence against women with disabilities. She notes comments on a study by the Office of the High Commission for Human Rights. According to that study, more than half of the countries that made submissions allow forced or involuntary psychiatric treatment. These countries try to justify this by using terms such as “best interests”, “reasonable” and “proportionate”.

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03, 2012 Ms Manjoo also indicated that national legislation prohibiting gender discrimination may not protect women with disabilities. For example, domestic violence legislation may ignore group home situations. She concluded that both statistical studies as well as legislation and policy frequently overlook violence against women with disabilities. Many agencies that attempt to address sexual violence fail to provide accessible services. Similarly, disability rights programs often overlook the gendered element of risk and violence.

Ms Manjoo’s remarks build on work by the Office of the High Commissioner for Human Rights. These include a “Thematic study on the issue of violence against women and girls and disability” released on March 30 2012. That study notes that women with disabilities are not only at greater risk of violence than other women, but they are also exposed to additional forms of violence. Some examples would be withholding of medication, as well as the opposite, medication without consent.

The thematic study makes several recommendations. One is that the various actors in state legal systems receive training on these issues. Another is that legal aid counsel be made more available and accessible to women and girls with disabilities. For more information click Thematic Study or copy and paste http://goo.gl/iM7W6 .

Stephanie Ortoleva, President of Women Enabled, did not attend the panel. However, she provided a paper for the event. That paper focuses on the justice and legal systems. It starts by analyzing the controversial icon of the blind-folded female justice that presides over many court and judicial institutions. It then describes how women with disabilities are diminished both as complainants and witnesses.

Ms Ortoleva’s paper notes the need for accessible and free legal services for women with disabilities. She examines the legal profession as an entity. She points out that law schools generally do not require students to receive any training on working with clients with disabilities. In fact, many law schools do not even provide such training as an option. She states that there are currently only a small number of women with disabilities working within the legal profession.

Ms Ortoleva and Professor Hope Lewis from Northeastern University School of Law have co-authored a much more detailed report on this topic. That paper was released in August 2012. It is called “Forgotten Sisters - A Report on Violence Against Women with Disabilities: An Overview of its Nature, Scope, Causes and Consequences”. For more information, click Forgotten Sisters or copy and paste http://goo.gl/jFtui .

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The Campaign for a Living WageBy Yedida Zalik, Community Outreach Coordinator

On October 11 and 12, 2012 the Canadian Centre for Policy Alternatives held a workshop on the Campaign for a Living Wage. This Campaign is fairly new to Ontario, but it has already had some success in British Columbia. The goal of the workshop was to engage Ontario in this discussion.

Advocates distinguish the minimum wage from the living wage as the difference between survival and participation. The minimum wage is imposed by law and is considered a survival wage. It just barely gets people to the poverty line. In fact, many of us might say that the poverty line barely allows for survival. Ontario’s minimum wage reached $10.25 per hour in 2010.

In contrast, a living wage is intended to promote a standard living at which people will actually be able to participate in their communities. This is similar to the idea of inclusion. The estimated value of a living wage in Toronto is $17.69 hour.

A living wage is meant to allow children and families to stay healthy, as well as providing a standard of living at which people can engage with their communities and escape poverty. Calculating the living wage requires a cost assessment to find the amount needed for families to achieve a healthy lifestyle. Generally this calculation has been based on two-parent family with two children and both adults working full-time. It usually factors in the following costs: food, clothing, footwear, shelter, transportation, child care, health care that is not otherwise covered, and modest household and recreational expenses.

Since these costs differ vary from place to place, the living wage differs not only between provinces, but also between communities within a province. For example, in metropolitan Vancouver, the living wage is currently calculated as $19.14 per hour for each parent working full time. In contrast in Cranbrook, British Columbia, the living wage is only $14.16. For more information click A Living Wage or copy and paste http://goo.gl/DBxEn

It is important to note that the cost calculation does not include items that many of us might consider necessary. For example, it generally does not include debt payments, savings for children’s education, or expenses needed for relatives who are disabled or elderly. It doesn’t provide for items such as paying for outside food or cell phones.

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03, 2012 However, the idea of a living wage provides a useful organizing tool, and that is part of its appeal. It is a concept and an expression which can be readily appreciated. As a result, many people could be recruited to join the campaign. It can be used as a lobbying tool with politicians and government as well as with the private sector.

Municipalities are often initial organizing targets. As public sector employers they arguably have a heightened obligation to pay their employees a living wage. But that should not be enough to qualify as a living wage employer. The municipality ought to require any private companies through which it contracts services to also pay their employees a living wage.

The living wage concept may also prove effective in promoting corporate social responsibility. It sets a clear path for those in the private sector who truly wish to practice corporate social responsibility. Such businesses should pay their employees a living wage and work to ensure their partners and contractors also do so.

This is a very basic summary of the idea of the living wage. The Ontario office of the Canadian Centre for Policy Alternatives website includes a full page of resources devoted to this topic. For those resources, click A Living Wage Resources or copy and paste http://goo.gl/oUEDJ .

COMMUNITY EVENTS

Get On The Bus To Save The Community Start Up BenefitOn Friday, December 7 2012, a group of people who are protesting the cutes to the Community Start-Up Benefit will be inviting themselves to Minister Milloy's Holiday Open House in Kitchener to demand a stop to the cuts. This will kick off a week of action to save CSUMB.

On December 7, there will be 3 pick-up points in Toronto to get on the bus to Kitchener:

9:30am - Sistering drop-in, 962 Bloor Street West contact Cole at 416-531-2411 ext. 248 or email parkdaleagainstpoverty@gmail.com to reserve a seat.

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03, 2012 10:00am - PARC, 1499 Queen Street West contact Cole at 416-531-2411 ext. 248 or email parkdaleagainstpoverty@gmail.com to reserve a seat.

10:00am at Carlton and Sherbourne - contact OCAP at 416-925-6939 or email ocap@tao.ca to reserve a seat.

There will be snacks provided on the bus and a lunch served in Kitchener.

Ontario United Against Cuts to CSUMB and to Consider the Future of Social AssistanceLet’s take a united stand against the Provincial Government’s cuts to homelessness prevention programs critical in our communities! Let’s Meet ….Let’s Strategize… Let’s Mobilize… If you live in a community that has been affected by the cuts, please attend the Hamilton meeting:Friday, December 14th, 2012 10 a.m. – 2:00 p.m. Hamilton City Hall, Second Floor 71 Main Street West, Hamilton Ontario RSVP to hrpr@hcf.on.ca

MIUSA to Release New Video on Women with Disabilities and DevelopmentMobility International USA (MIUSA) is pleased to announce the release of a new video, Creating A World As It Should Be®: The Power of Disabled Women Activists. The video documents the power of women leaders with disabilities in their quest to be included in international development programs. It will be available on YouTube on December 3rd, 2012 in honour of International Day of Persons with Disabilities.

The video also focuses on MIUSA's unique model of international leadership training, the Women’s Institute on Leadership and Disability which has brought together 176 women with disabilities who are grassroots leaders from over 80 countries. For more details, click Women's Institute on Leadership and Disability or copy and paste http://goo.gl/m0WR9 Sharing strategies across borders, this powerful, uplifting and invigorating documentary portrays activists who are paving the way for women and girls in their own countries to achieve their human rights.

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03, 2012 The full 18-minute video is captioned in English, Spanish and Arabic. Visit MIUSA’s website to learn more about the release. Click Video or copy and paste http://goo.gl/sdSyL

Ready, Willing, and Able - People with Intellectual Disabilities Creating an Inclusive Labour ForceEmployment is a very important part of adult lives. It is much more than simply earning money. Through paid work people meet others and establish new friendships, increase feelings of self worth, enable greater independence, become part of community and contribute to that community. Perhaps more importantly it affects how other people and society in general view people with disabilities – recognizing their value, contribution, ability, and capacity.

Canadian Association for Community Living http://www.cacl.ca/ and People First of Canada http://www.peoplefirstofcanada.ca/ recently launched a booklet with stories about employment from every province and territory: The booklet is titled, “Ready, Willing and Able,” which you can read in both official languages, can be downloaded by clicking English - Ready, Willing and Able or copying and pasting http://goo.gl/WvnPg or by clicking Français - prêts, désireux et capables or copying and pasting http://goo.gl/6mqWU

The Canadian Transportation Agency Launches New Resource Tools for Accessible Transportation ComplaintsThe Canadian Transportation Agency recently launched two new resource tools for travellers with disabilities and for transportation service providers to improve their access to and understanding of the Canadian Transportation Agency’s process for resolving disputes within the federal transportation network.

These new client-centred resource tools explain the Agency’s approaches in resolving accessible transportation complaints between persons with disabilities and service providers of the federal transportation network. Accessible Transportation Complaints: A Resource Tool for Persons with Disabilities (click A Resource Tool for Persons with Disabilities or copy and paste http://goo.gl/Dhg1l ) and the Accessible Transportation Complaints: A resource tool for transportation service providers (click A Resource Tool for Service Providers or copy and paste http://goo.gl/FM2zc ) can be accessed in multiple formats, including e-Reader, through the Canadian Transportation Agency’s website. Other related resources currently available for those travelling with a disability include Carriage of Mobility Aids on Board Planes, Trains and Ferries (click Carriage of Mobility Aids or copy and paste http://goo.gl/m8lVB ) and

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03, 2012 Take Charge of Your Travel: A Guide for Persons with Disabilities (click Take Charge of Your Travel or copy and paste http://goo.gl/0Asr3 ).

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03, 2012 Publications at ARCH

ARCH writes or publishes papers, articles and fact sheets from time to time. Some of these materials are available on our website. We are providing a list of our current publications available to the public via our website, e-mail or by mail. To access any of the publications on ARCH’s website, click Publications at ARCH or copy and paste http://goo.gl/zWcwU . If you are unable to access them online and would like to have a publication sent to you, please contact Theresa at ARCH, providing her with the specific publication and how you would like to receive it (by mail or e-mail) at:

Tel.: 416-482-8255 Toll-free: 1-866-482-2724TTY: 416-482-1254 Toll-free: 1-866-482-2728Or by e-mail at scibert@lao.on.ca

DISCLAIMER: THESE PUBLICATIONS PROVIDE INFORMATION ONLY AND THEY SHOULD NOT BE CONSIDERED TO BE LEGAL ADVICE. THE CONTENTS REFLECT THE LAWS THAT WERE CURRENT AT THE TIME OF WRITING OR UPDATING AND THE LAW MAY HAVE CHANGED SINCE THAT DATE.

TITLE DESCRIPTIONFACT SHEETSAn Introduction to disability & human rights in Ontario’s education system, November 2011

This information booklet provides basic introductory information aimed at assisting students with disabilities and their parents in advocating for education services in public primary and secondary school. This material looks at disability and how it interacts with the Education Act and the Ontario Human Rights Code.

Click Disability, Human Rights & Education or copy and paste http://goo.gl/wVtGJ

Assistive Devices Fact Sheets, November 2011

A series of three fact sheets on assistive devices for people with disabilities.

Click Assistive Devices Fact Sheets or copy and paste http://goo.gl/NISWH

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03, 2012 Attendant Services Fact Sheets, October 2011

A set of 6 Fact Sheets each focusing on a specific area of Attendant Services: Attendant Services - General Overview; Direct Funding; Community Care Access Centres; Complaints; Home Care Bill of Rights; Health Services Appeal and Review Board; are intended to provide basic general information of use to people seeking or using attendant services.

Click Attendant Services Fact Sheets or copy and paste http://goo.gl/Phc5C

Mental Health Fact Sheets, December 2008

Two fact sheets which contain information for people who use or have used mental health services and supports. One fact sheet provides information about human rights and the right to be free from discrimination. The second fact sheet provides information about the right to language interpretation services at Courts and Tribunals.

These fact sheets are available in the following languages:

English French Amharic Brazilian Portuguese

Chinese Punjabi Tamil Vietnamese

Click Mental Health Fact Sheets or copy and paste http://goo.gl/JC8Mv

Fact Sheet on Interacting with Persons with Disabilities, December 2007

These fact sheets provide general tips on how to interact with people in a manner that best accommodates their disability.

These fact sheets are available in English and French.

Click Interacting with Persons with Disabilities or copy and paste http://goo.gl/bAcVL

WORKSHOPS

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03, 2012 Know Your Rights: An introductory guide to disability, the Human Rights Code, the Education Act, and legal aid services in Ontario, July 2012

ARCH provides a series of 12 workshops for Ready for School Connects Program, delivered at Crescent Town Elementary School, George Webster Public School, Rose Avenue Junior Public School, Secord Elementary School, and Sprucecourt Junior Public School.

Click Know Your Rights - ARCH Workshop or copy and paste http://goo.gl/HzjgE

Accessibility for Ontarians with Disabilities Act (AODA) and Customer Service Standards, November 2011

In 2005, the Ontario government passed the Accessibility for Ontarians with Disabilities Act. Organizations who deliver services in Ontario have to take steps to ensure compliance with the AODA Customer Services Standards. This power point presentation provides an overview of the standards passed under the AODA and the compliance requirements.

Click AODA & Customer Service Standards or copy and paste http://goo.gl/OLWgv

Disability Tax Credit Webinar, June 2011

The Disability Tax Credit is an essential benefit for many Canadians with disabilities. However, people often encounter problems with the forms and having them completed. This webinar is hosted by ARCH Disability Law Centre and presented by Brendon Pooran, who discusses issues around the completion of the forms and the benefits that flow from receipt of the Disability Tax Credit.

Click Disability Tax Credit Webinar or copy and paste http://goo.gl/9V8tS

CONTINUING LEGAL EDUCATION MATERIALS ARCH 30TH Anniversary Symposium – Notes on Presentations, March 2011

These notes outline the basic content of the presentations made at ARCH’s 30th Anniversary Symposium. These notes are intended to offer a general guide to what was said at the symposium.

Click ARCH's 30th Anniversary Symposium or copy and paste http://goo.gl/JmjA5

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03, 2012 Notes on Capacity to Instruct Counsel, February 2011

Overview of issues lawyers must consider when dealing with clients who may have capacity issues - instructions on how to assess client's capacity to instruct counsel.

Click Notes on Capacity to Instruct or copy and paste http://goo.gl/KyMCp

Providing Legal Services to People with Disabilities, January 2011.

This article is intended to be a resource for lawyers on representing clients who have disabilities. It contains a discussion of the concept of disability in jurisprudence and legislation, the applicability of the Law Society of Upper Canada’s Rules of Professional Conduct to clients with disabilities and practical considerations for accommodating clients.

Click Providing Legal Services or copy and paste http://goo.gl/VV4gM

Addressing the Capacity of Parties before Ontario’s Administrative Tribunals: Respecting Autonomy, Protecting Fairness, November 2009

This report summarizes the procedures available to people with capacity issues before selected administrative tribunals in Ontario.

Click Report Summary - Admin Tribunals or copy and paste http://goo.gl/qJM36

Addressing the Capacity of Parties before Ontario’s Administrative Tribunals: A Practical Guide for Ontario Lawyers, October 2009

This Guide offers concrete strategies and options to lawyers representing people with capacity issues before administrative boards and tribunals.

Click Guide for Lawyers - Admin Tribunals or copy and paste http://goo.gl/c1Qra

ARTICLES AND POSITION PAPERS

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03, 2012 The Shield Becomes the Sword: The Expansion of the Ameliorative Program Defence to Programs that Support Persons with Disabilities, November 2010

ARCH prepared a research paper for the Law Commission of Ontario on the application of the "ameliorative program" provisions of the Charter to the equality claims of persons with disabilities.

Click Research Paper - Ameliorative Program or copy and paste http://goo.gl/KcZVf

Enforcing the Rights of People with Disabilities in Ontario's Developmental Services System, November 2010

This paper was commissioned by the Law Commission of Ontario as part of its project on the Law As It Affects Persons with Disabilities. The paper discusses the need for laws to include rights for people who receive developmental services and supports.

Click Paper - Enforcing the Rights of People with Disabilities or copy and paste http://goo.gl/HY7kf

Inclusive Education: Opportunities for Redesign, May, 2010

This paper was written for 2010 CAPSLE Conference in Calgary on Inclusive Education and the United Nations Convention on the Rights of Persons with Disabilities.

Click Paper - Inclusive Education or copy and paste http://goo.gl/yyGs1

Federal Disability Act: Opportunities and Challenges, October 2006

This paper was commissioned by the Council of Canadians with Disabilities (CCD) and the Canadian Association for Community Living (CACL). The paper considers what a Federal disability act might look like and what its reach could be.

Click Paper - Federal Disability Act or copy and paste http://goo.gl/KobO0

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03, 2012 Donating to ARCHWhile ARCH receives core funding from Legal Aid Ontario and grant funding from other sources, we also rely on the donations from individuals. We ask you to consider being a part of our work by contributing whatever you can. If you are able to assist please donate to ARCH through www.canadahelps.org.

Or you can send your donation cheque to:

Office ManagerARCH Disability Law Centre425 Bloor Street East, Suite 110Toronto, Ontario  M4W 3R4

We will promptly send you a charitable receipt. Charitable No. 118 777 994 RR 0001

Become a Member of ARCHIf you would like to become an individual member of ARCH, please visit our website at www.archdisabilitylaw.ca or contact our office to request an Application for Individual Membership form. Membership is free.

ARCH ALERT is published by ARCH Disability Law Centre. It is distributed free via e-mail or mail to ARCH members, community legal clinics, and others with an interest in disability issues. ARCH is a non-profit community legal clinic, which defends and promotes the equality rights of persons with disabilities through litigation, law/policy reform and legal education. ARCH is governed by a Board of Directors elected by representatives of member groups reflecting the disability community. The goal of ARCH ALERT is to provide concise information, so that people are aware of important developments and resources. Articles may be copied or reprinted to share with others provided that they are reproduced in their entirety and that the appropriate credit is given. We encourage those who receive it to assist with distribution of information in this way. We do ask that both Word and Text Formats are distributed to ensure accessibility. Charitable Reg. #118777994RR01.

Editor: Laurie Letheren Production & Circulation: Theresa SciberrasWe welcome your comments and questions, as well as submissions. We will endeavour to include all information of general interest to the community of persons with disabilities and their organizations, but reserve the right to edit or reject material

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03, 2012 if necessary. We will advise you if your submission is to be edited or rejected. Please assist us in your submissions by being brief and factual. Please address communications regarding ARCH ALERT to: Theresa Sciberras, Program and Litigation Assistant, ARCH Disability Law Centre, 425 Bloor St. E., Suite 110, Toronto, Ontario, M4W 3R4, fax: 416-482-2981 or 1-866-881-2723, TTY: 416-482-1254 or 1-866-482-2728, e-mail: scibert@lao.on.ca Website: http://www.archdisabilitylaw.ca/

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