WHO
IS THE ODA COMMITTEE?
The
ODA Committee is a province-wide, grassroots, non-partisan coalition
of many, many individuals and over 100 community organizations. They
have united to achieve a barrier-free Ontario for its 1.5 million people
with disabilities through the enactment of a strong, mandatory Ontarians
with Disabilities Act. Its members include those with all kinds of visible
and invisible disabilities and those with no disabilities. They come
from all corners of Ontario, from all points on the political spectrum
and from all walks of life. They are organized in fully 21 regions of
Ontario and are active across the province.
WHY
DOES ONTARIO NEED A STRONG, EFFECTIVE AND MANDATORY ODA?
Over
1.5 million Ontarians with disabilities face many physical, technological,
informational, communication and other barriers of different kinds.
These impede them from fully participating in all aspects of Ontario
life, such as employment and the enjoyment of goods, services and facilities.
Supplementing old barriers that have been here for a long time are new
barriers that are now being created, and that will be created in the
future if not prevented.
Voluntary
efforts, such as public education and information campaigns, have not
succeeded in removing these barriers and in preventing new ones. Neither
have existing patchwork laws, such as the Ontario Human Rights Code,
the Charter of Rights and the Ontario Building Code. Ontario needs a
strong and effective ODA to achieve a barrier-free province in an effective,
sensible way.
WHO
WOULD BENEFIT FROM A STRONG, MANDATORY ODA?
As
retired Supreme Court of Canada Justice Peter Cory wrote in the November
7, 2000 Toronto Star: "A strong, effective Disabilities Act would benefit
us all. It would ensure that those with a disability would finally be
included in the rich and rewarding life of other residents of Ontario.
Those who now have no disability may well incur a disability as they
get older, and they too would be spared these barriers.
Business
will profit from both the spending power of consumers with disabilities
and talented employees with disabilities who have so much to offer.
The taxpayer will benefit from the increased economic activity and from
the removal of barriers that prevent more persons with disabilities
from moving from social assistance to gainful employment."
WHO
BENEFITS FROM THE STATUS QUO?
No
one benefits from the status quo. People with disabilities are forced
to suffer the substantial and unfair burdens imposed on them by these
barriers. Business loses out on the opportunity to benefit from employing
more persons with disabilities, and from selling more goods and services
to persons with disabilities. The taxpayer must shoulder the cost of
more persons with disabilities on social assistance, who would prefer
to be gainfully employed, and thus to be paying taxes into the public
purse.
DOES
THE PUBLIC SUPPORT A STRONG, MANDATORY ODA?
There is overwhelming proof that the public would support a strong,
mandatory ODA, including the following:
* the
Ontario Government's June 2000 poll shows strong public support for
an ODA which is mandatory, not voluntary, and that applies to both the
private and public sectors.
* the
ODA Committee's 1997 poll similarly shows strong public support for
legislation addressing barriers facing persons with disabilities.
* the
Ontario Legislature unanimously passed 3 resolutions respectively for
the ODA to be passed in the Harris Government's first term, for it to
incorporate the ODA Committee's 11 principles to make it meaningful,
and requiring a strong and effective ODA to be enacted into law by November
23, 2001.
* Over
20 municipal and local councils have passed resolutions similarly calling
for the ODA to be enacted, in response to grassroots efforts across
Ontario by ODA supporters.
* No
major Ontario party has campaigned against the enactment of the ODA
in either the 1995 or 1999 elections.
WHAT
COMMITMENTS HAS THE ONTARIO GOVERNMENT MADE SINCE 1995 REGARDING THE
ODA?
The
Ontario Government has made the following commitments regarding the
ODA, as acknowledged in public and internal Government documents:
* May 24, 1995: By Mike Harris' letter to the ODA Committee, an election
promise to enact the ODA in the Harris Government's first term, to allocate
new funds to accommodate persons with disabilities, and for Premier
Harris to work together with the ODA Committee to develop the ODA.
* May
16, 1996: by supporting a unanimous Legislature resolution, to keep
the promises to enact the ODA in its first term and to work together
with the ODA Committee to develop it.
* Oct.
29, 1998: By supporting a unanimous Legislature resolution, to enact
the ODA which complies with 11 principles to make it strong and effective.
* 1999
election: to undertake a new consultation with the public on the ODA,
and then to bring forward a new bill which is stronger than Bill 83,
a bill that had died on the order paper after first reading in late
1999.
* Sept.
11, 1999: Citizenship Minister Helen Johns tells London Free Press that
the ODA will be a "huge priority" for her.
* Oct.
21, 1999: Throne Speech commitment to bring forward an action plan on
the ODA in that session of the Ontario Legislature.
* November
23, 1999: By supporting a unanimous Legislature resolution, to enact
a strong and effective ODA into law by November 23, 2001.
* March
25, 2000: Citizenship Minister Helen Johns commits on London TV that
the ODA action plan will be brought forward by June 2000.
WHAT
STEPS HAS THE GOVERNMENT TAKEN TO FULFIL THESE COMMITMENTS?
* No
ODA was enacted in the Harris Government's first term or in the first
1 and ½ years of its second term. No "action plan"
for the ODA has been brought forward since it was promised in the Throne
Speech 16 months ago.
* July
to September 1999: Citizenship Minister Bassett and her Parliamentary
Assistant Derwyn Shea held closed, invitation-only consultations on
what to include in the ODA based on the Government's July 13, 1998 ODA
Discussion Paper. That Discussion Paper recognized the problem of barriers,
but limited the options for inclusion in the ODA to redress them.
* Nov. 23, 1998: Citizenship Minister Isabel Bassett introduced Bill
83 for first reading. Only three pages long, it did not require any
barriers to be removed. This bill died on the order paper after first
reading 17 days later. The Government acknowledged in its April 1999
Throne Speech that this bill was insufficient.
* Late
1999 to February 2001: Citizenship Minister Helen Johns stated she is
holding ongoing consultations on the ODA. Documents released in mid-2000
revealed little record of this.
* Late
August 2000: According to a leaked draft Cabinet submission, the Government
planned to introduce a new bill in October-December 2000 significantly
resembling Bill 83, as well as some limited non-legislative measures.
A Government communication strategy was proposed to respond to the anticipated
criticism of the Government for this approach.
WHAT
RESOURCES ARE AVAILABLE TO YOU TO HELP WITH YOUR WORK ON THIS ISSUE?
To
assist you in becoming more familiar with this issue, you have the benefit
of the Citizenship Ministry staff who have had this issue for several
years. In addition, we are pleased to offer you our help. You may especially
find the following resources helpful:
* The
ODA Committee's comprehensive April 1998 Brief to the Legislature on
the ODA. It includes among other things, a detailed blueprint for the
contents of the ODA which are faithful to the 11 principles which the
Ontario Legislature unanimously endorsed by
resolution on October 29, 1998. It also includes a 50-page list of barriers
facing persons with all kinds of different disabilities in Ontario in
a wide range of activities. This list is not intended to be exhaustive.
It reflects extensive feedback we received from people right across
Ontario.
* The
ODA Committee's website at www.odacommittee.net. This is a comprehensive
resource on this issue. It includes, among other things, all correspondence
between the ODA Committee and the Government among others on this issue,
Hansard transcripts of statements about the ODA in the Legislature,
a list of our many organizational members, all the major public documents
concerning the ODA issue, and much, much more.
* The
detailed report prepared by the Liberal Party's former disability critic,
MPP Steve Peters, which was made public on November 23, 2000. That is
an excellent report which resulted from a thorough and accessible series
of public forums in some 15 communities across Ontario held last spring.
Unfortunately, neither Premier Harris nor then Citizenship Minister
Helen Johns accepted any invitations to attend these forums.
* The
columns in the Toronto Star (available on the website) expressing support
for a strong, effective ODA by the late Chief Justice of Canada Brian
Dickson published on October 7, 1998 and by retired Supreme Court Justice
Peter Cory, referred to above.
* The
Ontario Human Rights Commission's February 19, 2001 Discussion Paper
on Accessible Public Transit for People with Disabilities: This documents
the need for provincial legislation to set standards to achieve barrier-free
public transit. It provides a good illustration in this one sector of
the need for a strong, mandatory ODA.
WHAT
MAJOR CHALLENGES DOES THE NEW MINISTER OF CITIZENSHIP, CAM JACKSON,
FACE IN UNDERTAKING HIS RESPONSIBILITIES REGARDING THE ODA?
He
will face several significant challenges in discharging this new area
of responsibility.
Among these are the following:
* There
are only 275 days left until the November 23, 2001 deadline, unanimously
set by the legislature, for passing the ODA into law.
* His
Government has not yet held a consultation on the ODA which is open,
public and accessible to all whose insights would help them. The results
of the two limited, closed, invitation-only consultations held by their
predecessors were never summarized and properly analyzed in a report,
as far as we have been able to ascertain. Former Minister Helen Johns
told us that feedback she received is largely in her head.
* Premier
Harris gave none of Minister Jacksons's three predecessor ministers
a mandate, authority or scope to undertake meaningful accessible discussions
about the contents of the ODA, and to come
forward with a bill which is strong and effective.