ARCH Disability Law Centre 425 Bloor St. E. Ste. 110 Toronto, Ontario M4W 3R5 Tel.: 416-482-8255 Toll-free: 1-866-482-2724 Fax: 416-482-2981 Toll-free: 1-866-881-2723 TTY: 416-482-1254 Toll-free: 1-866-482-2728 www.archdisabilitylaw.ca ARCH Alert 29 September 2008 INSIDE THIS ISSUE - ARCH AGM Invitation - ARCH Undertakes a Needs Assessment and Welcomes Jenny Clement - Voting in the Federal Election - CCD Election Challenge - 6 Questions To Ask Your Local Candidate - Supreme Court Ruling on Duty to Accommodate - RDSP and ODSP Benefits - Government Launches Justice Ontario - Developmental Services - Proposed New Legislation - New Education Grants and Ontario Works and Ontario Disability Support - Release on Mental Health Act Records in Police Records Checks - COMMUNITY ANNOUNCEMENTS - Election Items - COMMUNITY ANNOUNCEMENTS You Are Invited to ARCH's AGM ANNUAL GENERAL MEETING Thursday, October 2, 2008 at 6:00 p.m. Metro Hall 55 John Street Room 308 (King and John Street) Refreshments at 5:30 p.m. Meeting begins at 6:00 p.m. Guest Speaker JOHN RAE First Vice-Chair of the Council of Canadians with Disabilities Issues of Concern for People with Disabilities In the October 14th Federal Election RSVP TO THERESA SCIBERRAS, EMAIL: scibert@lao.on.ca or by calling: Tel.: 416-482-8255 or 1-866-482-2724 TTY: 416-482-1254 or 1-866-482-2728 Please Note: Sign language interpreters, real-time captioning and attendant services will be provided. If you require accommodations other than these, or have specific dietary needs, please contact Theresa Sciberras at ARCH by phone or e-mail at scibert@lao.on.ca ARCH ENCOURAGES A SCENT FREE MEETING *** ARCH Undertakes a Needs Assessment and Welcomes Jenny Clement by Ivana Petricone, Executive Director Like other community legal clinics in Ontario, ARCH is an independent non-profit corporation, which is managed by a volunteer Board of Directors drawn from the community it serves; in our clinic, the disability community. Decisions, such as the areas of law in which the clinic should deliver services, and how those services should be delivered, are made by the clinic's Board. Within certain parameters, the specific areas of law in which clinics provide services often differ from one clinic to another, in response to the particular demands of each community served. These communities may be communities of interest, such as ours, people with disabilities, or injured workers or seniors, or they may be low-income populations within given geographical areas. In order to qualify for most legal clinic services individuals must meet certain financial eligibility criteria or be exempted from those criteria by the clinic's Board. In all cases clinic services are provided free of charge. Unlike the certificate side of Legal Aid, clinic staff are salaried employees and include community legal workers as well as lawyers. Clinic services are not confined to traditional casework but also include summary advice, public legal education, law reform and a wide range of community development activities. The legislated mandate of community legal clinics is contained in the Legal Aid Services Act. This mandate to deliver legal services in the area of clinic law, or poverty law, as it is often referred to by clinic law practitioners, was entrenched in legislation for the first time in 1998. The legislation states that the purpose of the Legal Aid Service Act is to promote access to justice throughout Ontario for low-income individuals by means of: * encouraging and facilitating flexibility and innovation in the provision of legal aid services, while recognizing the private bar as the foundation for the provision of legal aid services in the areas of criminal law and family law and clinics as the foundation for the provision of legal aid services in the area of clinic law; * identifying, assessing and recognizing the diverse legal needs of low-income individuals and of disadvantaged communities in Ontario; The Legal Aid Services Act also recognises the important priority-setting role of clinic Boards by stating that the board of directors of a clinic funded by Legal Aid Ontario shall determine the legal needs of the individuals and communities served or to be served by the clinic and shall ensure that the clinic provides legal aid services in the area of clinic law in accordance with those needs. Such a task for a clinic mandated on a provincial basis to provide legal services to people with disabilities is a tall order for a volunteer board of directors, even for one such as ARCH's which brings much expertise and many different skills to our clinic. In order to provide our Board with information that may assist them in making difficult decisions about what kind of clinic law services will be delivered to the disability community served by ARCH and in what manner, the Board has decided to undertake a needs assessment of the most pressing legal needs of people with disabilities. In addition, the assessment will identify barriers faced by people with disabilities when attempting to access legal services. In order to lead this process, we have hired a community legal worker, Jenny Clement, who will undertake this important project over this next year. Jenny brings many skills to ARCH. She comes to us with a Masters Degree in Critical Disability Studies as well as a Bachelor of Social Work Degree. Jenny is an experienced researcher, and has written several major reports based on her research. She has worked providing direct client services. Jenny has dedicated her career to date in promoting full inclusion of people with disabilities in all areas of society. We are delighted to welcome Jenny to our team at ARCH. The process that Jenny will follow is to meet with individuals and disability organizations and ask each person to complete a questionnaire. By hearing from people with disabilities, we hope to hone our understanding of the legal issues encountered by Ontarians with disabilities and design our client services to address these issues as effectively as possible. We also hope that the assessment report that Jenny will prepare will be shared with our disability community partners in order to help them to better know and understand certain aspects of their community, particularly the challenges and struggles faced by those who have lower incomes. In addition, we hope that information regarding barriers in accessing legal services can also assist our partners in the legal aid sector to improve our collective response to those barriers. The most important outcome of this project is to lay the groundwork for decisions regarding ARCH's client services that are solidly grounded in the community. It is also a desired outcome to improve the clinic's connection to the community. If you would like to provide input and contribute your thoughts to the needs assessment please contact Jenny Clement at clementj@lao.on.ca. Ivana Petricone *** Getting Information about Voting in the Federal Election on October 14, 2008 By Laurie Letheren, Staff Lawyer The Elections Canada website has information on a number of topics pertaining to voting in the October 14, 2008 Federal election. Among other things, there is information on voting districts, ways of identifying yourself, location of polling stations and the various ways you can vote. There is a particular section on accessibility for people with disabilities. This section explains some of the things the government has done in attempts to make the voting process more accessible. For example, it explains the various ways you can vote including a description on how you can make a request to vote in your own home if you are unable to attend any electoral office or polling station. In order to register to vote be special ballot and be able to vote in your home, there are some steps you must take prior to October 7, 2008. For more information, go to the Elections Canada website at: http://www.elections.ca/content.asp?section=vot&dir=spe&document=index&lang=e&textonly=false#links or Telephone 1-800-463-6868 toll-free in Canada and the United States. For people who are deaf or hard of hearing: TTY 1-800-361-8935 toll-free in Canada and the United States. *** CCD Election Challenge by April D'Aubin and The Council of Canadians with Disabilities(CCD) An Accessible & Inclusive Canada It's here: Election 2008! CCD is challenging consumers to campaign as hard as the candidates seeking election. Our platform is the National Action Plan, developed through our collaborative venture: End Exclusion. The main planks of our Action Plan are as follows: * New initiatives to alleviate poverty. * Labour market initiatives. * New initiatives to promote access, inclusion and full citizenship. * New investments in disability-related supports. The National Action Plan defines what needs to happen to create an accessible and inclusive Canada. During this election, we are calling for candidates to endorse our National Action Plan. For the National Action Plan on Disability visit: www.endexclusion.ca Social Policy Is Homeless "Looking at the recent agenda of the Federal Government, you realize social policy is homeless," states Marie White, CCD Chair. For Canadians with disabilities, this is bad news. Canada is a rich country. While others are benefiting, it is hard to point to recent substantive initiatives that address the disadvantage of disabled Canadians. Social policy cannot remain homeless. Social policy must have a central role in the Federal Government so that all can experience the benefits of equal citizenship. CCD urges voters to review Parties' social policy platforms Each Federal Election, CCD and its members educate candidates about needed disability policy reform. Making Your Voice Heard We are looking for a Canada where inclusion is a fact of life. Vision is not enough-action is required. Take the disability community's message to town hall meetings where candidates are debating the issues. Share our message with candidates. Visit Elections Canada on-line to find your electoral district. http://www.elections.ca/home.asp Monitor CBC's election coverage and submit a disability-related question to CBC for the Leaders Debate. http://www.cbc.ca/news/canadavotes/. Monitor access issues during the campaign. Inform Elections Canada and Party Headquarters if access is not provided. If remedies are not implemented, file a complaint with the Canadian Human Rights Commission. What Piece Of The National Action Plan Will You Take To Local Candidates Alleviating Poverty At End Exclusion 2007, Heather Tracey, a leader in the People First movement, spoke about the difficulties of living on social assistance. "I am on permanent disability, living on about $750 a month. I like to bowl but it's something I can't afford. It's really hard to do activities that I want to do because I can't afford them." Barriers in Canadian society mean that many people with disabilities must resort to social assistance. Canadians with disabilities are almost twice as likely as other Canadians to live in poverty. Social assistance is a dead end program for many people with disabilities. In the National Action Plan on Disability, we set out short and long-term strategies for addressing the poverty experienced by Canadians with disabilities. Share these ideas with candidates! Our Plan For Alleviating Poverty-How Will The Parties Respond? We are seeking candidates' commitment to address the poverty of Canadians with disabilities. First steps could include: * Making the Disability Tax Credit (DTC) Refundable. * Making those eligible for Canada Pension Plan Disability (CPPD) benefits automatically eligible for the DTC. * Making CPPD non-taxable. * Expanding Employment Insurance Sick Benefits to 52 weeks. * Ensuring new federal benefits such as the Registered Disability Savings Plan are not clawed back by provinces and territories from those on social assistance. Long-term reforms could include: * An expanded federal role in income support for Canadians with disabilities thus freeing up resources at provincial and territorial levels for re-investment in supports and services. New Support To Increase Labour Market Participation Parties and candidates must agree to address the unemployment of people with disabilities. We want: * The Federal Government to be a model employer of persons with disabilities. * Participation goals for Canadians with disabilities must be set in labour market agreements with the provinces and territories. Federal funds should not be transferred unless these goals are established. * Current Federal labour market programs for persons with disabilities must be expanded to ensure better training and supports for persons with disabilities. Canadians with disabilities want jobs! New Initiatives To Promote Access, Inclusion, Full Citizenship We want new investments for access and inclusion. Some starting points: * Access regulations for federally regulated transport. Ratification of the Convention on the Rights of Persons with Disabilities. * Establish an accessible technology Procurement Policy for Canada. * Renew and expand the Social Development Partnerships Disability Program. * Fund the Court Challenges Program for equality rights test case litigation. * Amend the National Building Code to include Universal Design principles. Universal design principles guide all Infrastructure initiatives. * Accessible electoral process, ensuring persons with disabilities can participate fully in election campaigns and vote independently and secretly. * Amend the Official Languages Act recognizing ASL/LSQ as official languages. * Re-establish a Parliamentary Committee on disability issues. Investment In Disability-Related Supports Investment in disability supports is our community priority. Central to this is a commitment to deinstitutionalization and removing the stigma attached to disability. We want Parties and candidates to agree to invest in disability-related supports. Some ways to do this are: * Work with provinces and territories to provide support for the building of safe, affordable, accessible and supportive housing. * Acknowledge that residential institutions have no place in the lives of people with disabilities and support provinces and territories to close institutions. * Work with Bands on access to disability-related supports on reserves for First Nations people with disabilities. The Reality Of Poverty, Exclusion And Isolation * 14.3 % of Canadians have a disability and too many of them live in poverty. * 1/3rd of First Nations/Aboriginal persons with disabilities live in poverty. * Over 2 million Canadian adults with disabilities lack one or more of the educational, workplace, aids, home modification or other supports they need to participate fully in their communities. * Over 56% of working age adults are unemployed or out of the workforce. For women with disabilities, the rate is almost 60%. * More than 10,000 persons with intellectual disabilities remain warehoused in institutions, including group homes and congregate care facilities, across this country. * Slightly more than half of Canadian children with disabilities who need aids and devices need more than what they receive. * Rates of violence and abuse against people with disabilities, in particular women with disabilities, are among the highest for any group in Canadian society. An accessible and inclusive Canada is a Canada where: * Canadians with disabilities have the necessary support to fully access and benefit from all Canada has to offer. * Independent Living principles of choice, consumer control and autonomy are made real. * Canadians with disabilities have safe, adequate, accessible housing in their community and live free from residential confinement. * Canadians with disabilities have the income, aids, devices, personal supports, medications and environmental accommodations that make social, economic, cultural, and political citizenship accessible and inclusive to all. * Women with disabilities, Aboriginal People with disabilities, persons with disabilities from visible minority communities and those from other marginalized communities are equally able to access all aspects of, and benefit from, Canadian society. * Canadians with invisible disabilities, chronic illness, episodic disabilities or environmental sensitivities are equally able to access, and benefit from, Canadian society. The result is that people with disabilities are able to contribute to, and benefit from, Canadian society in the same way as other Canadians. This is our Canada. COUNCIL OF CANADIANS WITH DISABILITIES CCD 926-294 Portage Ave Winnipeg, MB R3C 0B9 Tel: 204-947-0303 Fax: 204-942-4625 E-mail: ccd@ccdonline.ca URL: http://www.ccdonline.ca/election2008/ CCD: A NATIONAL HUMAN RIGHTS ORGANIZATION OF PEOPLE WITH DISABILITIES, WORKING FOR AN INCLUSIVE AND ACCESSIBLE CANADA. *** 6 Questions To Ask Your Local Candidate In The Upcoming Federal Election by April D'Aubin and The Council of Canadians with Disabilities(CCD) 1. What concrete steps is your party prepared to take to help overcome the chronic level of unemployment that continues to plague too many Canadians who have a disability, including we who are blind, deaf-blind and partially sighted. The Government of Canada must become a model employer both in its hiring practices and its accommodation of disability. We want to see persons with disabilities at all levels within the public sector not just front line workers - as we have the requisite skills and abilities to occupy a range of positions. We want a federal government procurement policy that demands accessibility so new technology does not become another barrier to so many of us. While the labour market is in provincial jurisdiction, there is still a role for the Federal government to play. We seek the creation of specific targets for the employment of persons with disabilities within federal/provincial Labour Market/ Agreements negotiated with the provinces. 2. What is your party prepared to do to make Canada's election system fully accessible to Canadians who are disabled, including we who are blind, deaf-blind and partially sighted? AEBC wants testing of alternative voting options in bi-elections, and amendment of the Canada Elections Act to bring this about in federal elections. Other election issues include access to party websites, extra costs associated with a person with a disability becoming a candidate, and access to campaign literature. 3. Is your party prepared to take on an expanded role for the Government of Canada in fighting the chronic level of poverty that continues to confront far too many Canadians who have a disability, including we who are blind, deaf-blind and partially sighted? The poverty of Canadians with disabilities is a national disgrace: Canadians with disabilities and their families are twice as likely to live in poverty as other Canadians and the incidence of poverty among First Nations and Aboriginal People with disabilities is even higher. Make the existing Disability Tax Credit refundable so it benefits all persons with disabilities and not just those who are working and ensure that new federal benefits for persons with disabilities are not clawed back by provinces and territories from those on social assistance. 4. Is your party prepared to reinstate the Court Challenges Program, or institute a new Program that will assist individuals and organizations to take test cases to court under Canada's Charter of Rights and Freedoms? Rights without the opportunity to enforce them are not all that useful. The Court Challenges Program provided funding to take test cases to court to challenge acts of the federal government under Canada's Charter of Rights and Freedoms. The Harper government cut this Program and many organizations, including the AEBC, have called for its reinstatement. 5. would your party, if elected, undertake to improve access and inclusion in Canadian society for people with disabilities? Accessibility regulations for federal transport systems to replace ineffective voluntary codes of practice, ratification of the UN Convention on the Rights of Persons with Disabilities, re-establishment of a Parliamentary Committee on the Status of Canadians with disabilities. For years the federal government had such a committee and it served persons with disabilities well - as a non-partisan committee it provided us one welcoming venue. 6. Over the last decade, there has been significant economic growth in Canada, but the gap between the rich and poor has increased. Ordinary Canadians are working harder, but their incomes have stagnated. Will your party attempt to reverse this trend, and how would your party do this? *** Supreme Court Rules that Employer Fulfilled its Duty to Accommodate Even Though Employee was Dismissed By Laurie Letheren, Staff Lawyer On July 17, 2008 the Supreme Court of Canada released a decision that an employer had met its obligation to accommodate an employee's disability when, after making past attempts to accommodate the employee who had missed many days of work due to his disability, the employer had dismissed the employee. All eight Supreme Court judges who took part in the judgment agreed with this finding. The employee was dismissed after it was determined she would not be able to return to work in the foreseeable future. The case is titled, Hydro-Qu‚bec v. Syndicat des employ‚-e-s de techniques professionnelles et de bureau deHydro-Qu‚bec, section locale 2000 and can be read at http://csc.lexum.umontreal.ca/en/2008/2008scc43/2008scc43.html . In its decision, the Supreme Court ruled that "[t]he employer's duty to accommodate ends where the employee is no longer able to fulfill the basic obligations associated with the employment relationship for the foreseeable future." The employee in this case had worked at Hydro-Quebec for 24 years. She had missed 960 days during the seven and a half years before her dismissal due to her disabilities. Over the years, the employer had accommodated her condition through such measures as assigning her to light duties and permitting gradual returns to work. When Hydro-Quebec dismissed her on July 19, 2001, she had been absent from work for over 5 months that year and her doctor had recommended that she stop working for an indefinite period "until the work-related dispute is resolved." Following her dismissal, the employee filed a grievance alleging that her dismissal was unjustified and constituted a failure by Hydro-Quebec to accommodate her disability. In a September 2003, Arbitrator Gilles Corbeil dismissed the grievance, finding that to accommodate the employee in the way the union was suggesting would cause the employer undue hardship. The Arbitrator found that in order to accommodate the employee's disability, Hydro-Quebec would need to repeatedly change her work environment including changing who her supervisor and co-workers were. In addition, the Arbitrator found that some of the factors that contributed to the employee's disability were beyond the employer's control, since Hydro-Quebec would not be able to eliminate stressors related to her family environment. Finding that Hydro-Quebec had acted properly, with patience and even tolerance toward the employee, the arbitrator dismissed the grievance. The Quebec Superior Court dismissed the union's application for judicial review of the Arbitrator's decision, but in February, 2006, the Quebec Court of Appeal allowed the union's appeal and ordered the employer to give the employee her job back and fully compensate her. The Quebec Court of Appeal ruled that the Arbitrator had misapplied the approach to the duty to accommodate that had been set out by the Supreme Court of Canada in the Meiorin decision (see: http://csc.lexum.umontreal.ca/en/1999/1999rcs3-3/1999rcs3-3.html ), because he failed to recognize that the employer had to prove that it was impossible to accommodate the employee's needs. The Court of Appeal ruled that the Arbitrator was wrong to have taken only the past absences into account, since the duty to accommodate must be assessed as of the time that the decision to terminate the employment was made. In making its decision, the Supreme Court of Canada found that it needed to consider the interaction between the employer's duty to accommodate an employee and the employee's duty to do his or her work. The Supreme Court determined that the Quebec Court of Appeal had not properly applied the Supreme Court's reasons in the Meiorin case and had erred in finding that the employer had to prove it was impossible to accommodate the employee's needs rather than having to prove that it was impossible for the employer to meet the employee's needs without creating undue hardship for the employer. The Supreme Court repeated that "the goal of accommodation is to ensure that an employee who is able to work can do so. In practice, this means that the employer must accommodate the employee in a way that, while not causing undue hardship, will ensure that he employee can work... The employer does not have a duty to change working conditions in a fundamental way, but does have a duty, if it can do so without undue hardship, to arrange the employee's workplace or duties to enable the employee to do his or her work." In this case, the Supreme Court found that "Hydro-Quebec tried for a number of years to adjust the complainant's working conditions: modification of her workstation, part-time work, assignment to a new position, etc. However, in a case involving chronic absenteeism, if the employer shows that, despite measures taken to accommodate the employee, the employee will be unable to resume his or her work in the reasonably foreseeable future, the employer will have discharged its burden of proof and established undue hardship." The Supreme Court also found that the Quebec Court of Appeal also erred in holding that only the circumstances at the time of dismissal could be considered in determining whether an employer had met its duty to accommodate. In determining whether an employer has met its duty to accommodate the employee's whole work history must be considered. "Where ... the employee has been absent in the past due to illness, the employer has accommodated the employee for several years and the doctors are not optimistic regarding the possibility of improved attendance, neither the employer nor the employee may disregard the past in assessing undue hardship." *** Bill to exempt the RDSP from the Calculation of ODSP Benefits by Laurie Letheren, Staff Lawyer In 2007, the Federal Government introduced the Registered Disability Savings Plan ("RDSP"). Similar to a Registered Education Savings Plan, the RDSP is a long-term savings plan that will allow persons who are eligible to receive the Disability Tax Credit to set up a plan to make investments towards future expenses. Funds can be invested in the RDSP and the owner of the Plan will not have to pay tax on this income. Anyone can make contributions into the RDSP on a person's behalf up to a lifetime limit of $200,000 which does not include government contributions or interest. While contributions may be received from anyone except the provincial government and there is no annual limit, all contributions must be received before the beneficiary's 60th birthday. As an incentive for people to set up an RDSP and contribute into the plan, the Government of Canada has created the Canada Disability Savings Grant and the Canada Disability Savings Bond. When contributions are made to an RDSP, the Federal Government will make matching contributions under the Canada Disability Savings Grant. If the person with the disability has an income of $37,178 or less, the Canada Disability Savings Bond will provide a contribution to the RDSP each year even if no personal contribution is made. The Bond can be received up to a maximum of $20,000 over a person's life time until the person turns 50 years of age. The RDSP is expected to become available from financial institutions in December of 2008. More information about the RDSP is available on the Planned Lifetime Advocacy Network (PLAN), website at http://www.plan.ca/homepage.php or by calling PLAN at: 604 439 9566. Plan has prepared a useful brochure that can be read by clicking on the "RDSP Brochure" link via the following website: http://rdsp.wordpress.com/category/rdsp-factsheet/ To date, the Ontario government has not exempted the RDSP from the calculation of income and assets under the Ontario Disability Support Program ("ODSP"). If this exemption is not created, any contributions that are made to an RDSP may be deducted from monthly ODSP benefits and depending on the value of the funds in the RDSP, a person could be disqualified from receiving ODSP because they have assets over the allowable limits. Progressive Conservative Critic for the Ministry of Community and Social Services, Sylvia Jones, MPP for Dufferin-Caledon, introduced a Private Members' Bill (94) titled, "The Social Assistance Statues Law Amendment Act (Registered Disability Savings Plans), 2008". This Bill will remove the RDSP as an asset and withdrawals from the RDSP would not be considered income when calculating ODSP benefits, as the provincial governments of British Columbia, Saskatchewan, Newfoundland and the Yukon have already done. According to information that ARCH received from Sylvia Jones' executive assistant, Bill 94 will be debated in the Legislature during the fall session. Ms. Jones is currently speaking to members from all three political parties to encourage them to support this legislation. People are encouraged to contact their MPP to urge them to support Bill 94. The Schizophrenia Society of Ontario is prepared to draft a letter to every MPP stating a case for Bill 94 and asking MPPs to ensure this Bill gets second reading as soon as possible. They are asking other organizations to join them in these efforts by allowing them to include your names as supporters. If you wish to be included as a supporter or for more information, contact Vani Jain, Manager of Policy and Community Relations, Schizophrenia Society of Ontario at 416.449.6830 x253 or email vjain@schizophrenia.on.ca . *** Government Launches New Legal Information and Referral Resource By Roberto Lattanzio, Staff Lawyer On August 27, 2008, the Attorney General of Ontario, Chris Bentley, unveiled a new legal resource for Ontarians called Justice Ontario. Chris Bentley stated that this initiative is "all about taking the mystery out of law". It consists of a comprehensive referral and information service accessed by website, available in English or French, or by telephone, available in 173 different languages. Following demonstrations of the website and telephone service, it is clear that although much work is needed to develop and expand this project, its potential is far reaching. The development of this initiative will include participation from partners such as the Law Society of Upper Canada, Ontario Bar Association, Legal Aid Ontario, Community Legal Education Ontario, Advocates Society, Pro Bono Law Ontario, County and District Law Presidents Association and the Ontario Trial Lawyers Association. With the aim of expanding the service in breadth and substance, the service currently provides a referral to existing legal services and referral services as well as providing links to accessing legislation, information on court process and information on working effectively with your lawyer. Part of the website is essentially a depository of information from numerous partners. The vision for this service is to expand the information and referrals available and to make them relevant and appropriate in all communities throughout Ontario, in collaboration with community partners. The expansion of this service aims at essentially being the initial access point for all Ontarians, regardless of language or ability, when encountered with any legal issue. This is a difficult task but one that is needed in Ontario to facilitate access to justice for all Ontarians. The Access Ontario website can be accessed at: http://www.attorneygeneral.jus.gov.on.ca/english/justice-ont/ or you can access the service by telephone at 1-866-252-0104. *** Developmental Services - Proposed New Legislation: Bill 77, the Services for Persons with Developmental Disabilities Act, 2008 by Kerri Joffe and Lana Kerzner, Staff Lawyers The current legislation that specifically addresses services for people with intellectual/developmental disabilities in Ontario, the Developmental Services Act, is 35 years old. It does not provide fundamental rights for people with intellectual/developmental disabilities and so does little to address the concerns ARCH hears from the community. As a result, ARCH has made submissions in the past arguing for reform of developmental services legislation and programs. In May, 2008, Community and Social Services Minister Madeleine Meilleur introduced Bill 77, the Services for Persons with Developmental Disabilities Act, 2008. The Bill was referred to the Standing Committee on Social Policy, which held public hearings to examine it. ARCH made an oral presentation in Ottawa and sent written submissions to the Committee. We argued that while the creation of new developmental services legislation is essential, Bill 77 does not create a developmental services system that is based on values of full citizenship and inclusion. The Bill treats people with intellectual/developmental disabilities as less deserving of fundamental rights that other Canadians. These include the right to complain and appeal when problems arise, the right to be free from abuse and the right to make one's own decisions. ARCH warned the Committee that without substantial amendments to the Bill, the lives of people with intellectual/developmental disabilities will not be improved, even with legislative reform. In undertaking its activities to advance the rights and improve the lives of people with intellectual/developmental disabilities, ARCH has been connecting with community groups, politicians and government officials, and will continue to do so. The oral and written submissions ARCH made on Bill 77 are available on our website at http://www.archdisabilitylaw.ca/publications/submissions.asp . *** New Education Grants Exempt from Income or Assets under the Ontario Works and Ontario Disability Support By Gwyneth Pearce, Clinic Resource Office According to bulletins produced by the Ontario Works and the Ontario Disability Support Program titled, "Post-secondary Grants" (26 June 2008), various new Ontario grants have been made available by the Ministry of Training, Colleges and Universities for post-secondary education in the 2008-2009 academic year. According to the Bulletin, the following grants will all be treated as exempt from income for social assistance purposes if applied to the cost of tuition, other compulsory fees, books, instructional supplies and equipment and transportation, for persons attending or planning to attend training or a program of study. The grants will also be exempt as assets so long as the recipient remains in attendance in the program of study for which the grant was intended: * Textbook and Technology Grant (administered by colleges and universities): available to full-time students (as defined by OSAP) attending provincially-assisted Ontario university or college, to offset textbook/technology costs - $150 in 2008-09 year, increasing in subsequent years. * Ontario Distance Grant - Commuting (administered through OSAP): available to OSAP recipients to offset vehicle or transit costs - student must be attending a provincially assisted Ontario university, college or OSAP-approved private career college and must be commuting more than 80 kilometres one way to school - $500 per term * Ontario Distance Grant - Travel (administered through OSAP): available to OSAP recipients four years or less out of secondary school to offset travel costs for students whose home is 80 kilometres or more away from a provincially assisted Ontario university, college or OSAP-approved private career college and are living away from home to attend school - $300 per academic year * Ontario Access Grants for Crown Wards (administered through OSAP): funding for tuition costs for OSAP recipients who are current or former Crown wards and in their first post-secondary program which leads to a degree, diploma or certificate - 100% of tuition costs up to $3,000 for one-year programs, or 50% of tuition costs up to $3,000 for a maximum of four years. *** Petition to End Release on Mental Health Act Records in Police Records Checks by Laurie Letheren, Staff Lawyer Under Ontario's Mental Health Act, police have authority to take an individual for treatment if the police believe that the person has a mental health condition and he or she may cause serious bodily harm to him or herself, another person or serious physical impairment. If the person who was taken for treatment by the police is later applying for a job, a volunteer or school placement, information about this contact with the police ("Mental Health Act records") may be released should a police record check be required for the application. ARCH had made a number of submissions to government and presented papers on the question of whether this information should be retained and released by police services. ARCH takes the position that the release of such information is a breach of privacy and a breach of the Ontario Human Rights Code. As was reported in the May 2008 edition of ARCH Alert, ARCH made a submission on the Ontario Human Rights Commission's "Draft Policy on Mental Health Discrimination and Police Record Checks" in which ARCH took the position that this information should never be released as part of the police records checks. The Mental Health Police Record Checks Coalition is a group of over thirty individuals and organizations whose mandate is to work towards the elimination of the discriminatory practice of releasing non-criminal information as part of the police records search process and to advocate for the development of consistent standards for police records searches across the province. This Coalition has drafted a petition to the Ontario Legislative Assembly in order to attempt to influence the Government to pass legislation that would prohibit the release of Mental Health Act records as part of the police records check process. The Coalition is asking the public to both sign the petition and distribute it widely. Instructions for the petition and more information on police records checks are available on the website of the Psychiatric Patient Advocate Office at http://www.ppao.gov.on.ca/pdfs/sys-pol-mhpr6.pdf. *** COMMUNITY ANNOUNCEMENTS - Election Items All Candidates Debate Date: September 29, 2008 Time: 7:00 - 9:00 p.m. Hosts/Organizers: St. James Town Safety Committee and Cabbagetown BIA Location: St Simon-the-Apostle Anglican Church 525 Bloor St East, Toronto, Ontario M4W 1J1 http://maps.google.ca/maps?hl=en&tab=wl All Candidates Debate Date: October 6, 2008 Time: 7:00 - 9:00 p.m. Hosts/Organizers: Bay Corridor Community Association, Victoria Students Association, ABC Residents and St. Michael's Students Association Location: Isabel Bader Theatre 93 Charles Street West, Toronto http://maps.google.ca/maps?hl=en&tab=wl 5-Party Federal Election Debate on Poverty and Inequality Date: October 6, 2008 Time: 7:00 - 9:00 p.m. Moderator: Adrian Harewood, CBC Radio Broadcaster Location: The Sanctuary, Dominion-Chalmers United Church 355 Cooper Street (Cooper and O'Connor), Ottawa http://maps.google.ca/maps?hl=en&tab=wl Wheelchair access off both Lisgar St. and Cooper St. Free parking available. For information contact Rob Rainer or Kelly Law at National Anti-Poverty Organization at 613-789-0096 *** COMMUNITY ANNOUNCEMENTS LOOKING FOR WORK? The Workplace Essential Skills Partnership (WESP) is Your Key to Success! Increase your "CONFIDENCE" Understand what employers are looking for Learn how to create the right resume Improve your interviewing skills Gain access to employers who want to hire persons with disabilities! Registration is now open for the October 6th four-week workshop. Call Sharon Dever for more information or to book an appointment: 416 486-2500 ext 8307 Email: sharon.dever@cnib.ca The WESP is a program serving persons with disabilities and/or barriers to employment 1929 Bayview Avenue Toronto, ON M4G 3E8 This project is brought to you by the Canadian Council on Rehabilitation and Work (CCRW) in partnership with CNIB and funded by Employment Ontario. Canada Pension Plan Class Action - Same-Sex Spousal Survivor Benefits Deadline September 20, 2008 Hislop v. Canada is a national class proceeding in which the class members, sought payment of Canada Pension Plan survivor's pensions. The class members include over 1,000 gay men and lesbians whose same sex partners died in the period between April 17, 1985 and January 1, 1998 and whose deceased partners contributed to the Canada Pension Plan. Despite their partners' contributions, the class members were denied their survivor's pensions by the federal government. Although the federal government brought in new legislation in 2000 to legally recognize same sex couples, the legislation excluded these class members from receiving a Canada Pension Plan survivor's pension. Under the federal legislation, only those gay men and lesbians whose partners died on or after January 1, 1998 were entitled to apply for and receive a Canada Pension Plan survivor pension. The federal government agreed to start paying pensions in July 2005 to Class Members who had applied for their Survivor's Pensions. THE DEADLINE FOR FILING APPLICATIONS IN THIS PROCEEDING IS SEPTEMBER 30, 2008. Failure on the part of any Class Member to take steps to claim their Survivors Pension by September 30, 2008, will result in the Class Member not being able to assert a claim for their Survivor's Pension under this proceeding except with leave of the court. For further information, contact Sean Grayson of REKO at cpp@reko.ca or 416-362-1989 or 1-866-877-0109. *** ARCH ALERT is published by ARCH Disability Law Centre. It is distributed free via e-mail or mail to ARCH member groups, 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 Sciberras We 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 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 Assistant, ARCH Disability Law Centre, 425 Bloor St. E., Suite 110, Toronto, Ontario, M4W 3R5, fax: 416-482-2981, TTY: 416- 482-1254, e-mail: scibert@lao.on.ca Website: http://www.archdisabilitylaw.ca/