Does Canada Need Canadians with Disabilities Act?

Canada often sees itself as a leader in social progress. It introduced multiculturalism as policy in the 1970s. The late Lester B. Pearson helped shape the United Nations. Canada also passed same-sex marriage through the Civil Marriage Act on 20 July 2005, becoming the fourth country to do so.

But one question remains. What has Canada done at a national level to protect the rights of people with disabilities? Advocates like attorney David Lepofsky have pushed for this type of law for many years.

A National Conversation on Accessibility

The Toronto Star highlights this effort

“Qualtrough expects public consultations, the country’s first national conversation about accessibility, will provide valuable input for Ottawa’s legislation and other federal programs such as the Canada Pension Plan Disability Benefit, the Disability Tax Credit and the Registered Disability Savings Plan.”

This marks an important step. It brings accessibility into a wider national discussion and connects it with key federal programs.

Accessibility, Inclusion, and Equality

Accessibility, inclusion, and equality require intention. A society must understand its duty to all people, regardless of:

• Ability
• Gender
• Race
• Cultural background
• Spiritual beliefs

The social model of disability supports this idea. It does not ignore differences. Instead, it shifts focus toward removing barriers. It encourages people to imagine a world built for everyone.

Canadians should ask: will a Canadians with Disabilities Act help create a fully inclusive society?

A national law alone will not be enough. It would only be a starting point. The law must be designed to support real change.

Support and Leadership Behind the Act

The Council of Canadians with Disabilities is one of many groups calling for this legislation. In response, Prime Minister Justin Trudeau appointed the Honorable Carla Qualtrough, Minister of Sport and Persons with Disabilities, to lead consultations across the country.

These consultations are a key step in shaping the proposed law.

Attorney David Lepofsky (@davidlepofsky) has created several resources on this topic:

• A 33-page discussion paper titled What Should the Canadians with Disabilities Act Include? A Discussion Paper
• A nine-page summary paper
• A two-page brochure for consumers

In his nine-page brief, he explains:

“Canada’s Charter of Rights and human rights legislation across the country impose impressive requirements to ensure accessibility for people with disabilities. Yet far too frequently, these exist on paper, not in the lives of people with disabilities. Canada’s courts have reached important decisions on disability accessibility. Yet they far too often go unimplemented…

A strong, effectively enforced Canadians with Disabilities Act (CDA) is needed to ensure that Canada becomes fully accessible to people with disabilities, insofar as the Federal Government can achieve this. In the 2014 election, Prime Minister Justin Trudeau commendably promised to enact the CDA, as did the New Democratic and Green Parties.

Courts broadly interpret disability equality rights, including accessibility rights, in Charters. and human rights legislation. Exceptions to them are interpreted narrowly. Despite this, far too often, organizations don’t honor these rights. The CDA is needed to make those rights become a reality for people with disabilities, without their having to privately wage separate legal battles against each of the many accessibility barriers they face.”

Why This Issue Matters

People with disabilities are not asking for charity. They want equal access and full participation in society.

This requires strong support at every level of government. It also requires action, not just good intentions.

Canada still falls behind countries like:

• The United States (Americans with Disabilities Act)
• The United Kingdom (Equality Act)

Both countries introduced national laws years ago.

Canada needs high standards that cover:

• Goods
• Services
• Facilities
• Accommodations

It also needs a clear and broad definition of disability.

Key Recommendations

David Lepofsky’s discussion paper includes several important suggestions:

• Create an independent Canada Accessibility Commissioner
• Ensure regular reporting to Parliament
• Involve the Canadian Human Rights Commission in setting national standards

These steps could improve accountability and strengthen the law.

Canada must stand behind its values. People with disabilities should remain active in pushing for this legislation. They must also be included as equal partners in shaping it.

Enforcement Is Critical

Why enforcement cannot be overlooked

“Effective enforcement of strong accessibility laws is needed to get obligated organizations to resist the powerful impulse to keep doing business exactly as they always have. It is wrong to assume that obligated organizations just need to be educated on accessibility’s benefits, and then they will comply, driven by self-interest. Ontario experience shows that approach failed. Enforcement is pivotal to the Act’s success. Obligated organizations are far less likely to comply if they don’t think they will face significant legal consequences.”

Without enforcement, even strong laws may fail.

• Organizations may avoid change without pressure
• Education alone does not guarantee action
• Ontario’s experience showed limits of voluntary compliance
• Legal consequences encourage real change

Canada’s Opportunity to Act

A national accessibility law reflects commitment. The Liberal government, led by Prime Minister Justin Trudeau, made this promise during its campaign.

Now, Canadians have a chance to be part of the process. Public consultations have taken place online and in person. These discussions remained open until February 2017. Many Canadians joined through #Accessible Canada.

How Disability Credit Canada Can Help

At Disability Credit Canada, we help disabled Canadians apply for disability tax credit. Give us a call to get a free assessment.