Action for Ontarians with Disabilities?

By Raymond D. Cohen

People with disabilities in Ontario have been waiting for an Ontarians with Disabilities Act ever since the provincial Conservative government made a commitment in its 1995 pre-election campaign. Yet, although the push for an Ontarians with Disabilities Act has only increased since that time, the disability community has yet to see a piece of legislation that satisfactorily supports their right to equal participation in society.

In the recent Throne Speech, people with disabilities were once again handed a promise for legislation that would ensure their rights. Does this renewed commitment signal good news?

Raymond Cohen, Editor-in-Chief of ABILITIES, recently posed this question and others to Cam Jackson, Minister of Citizenship and minister responsible for seniors, equal opportunity and disability access.



Cam Jackson, MPP for Burlington, was first elected to the Legislature in 1985 and has been a member of Cabinet since 1995, with his first assignment as Minister Responsible for Workers’ Compensation Reform. In August, 1996, Cam was given the mandate to create a new Seniors Secretariat as Minister Responsible for Seniors.

In July of 1998, he was appointed Canada’s first provincial Minister of Long Term Care with continued responsibility for seniors. In June, 1999, Cam was appointed Ontario’s first Minister of Tourism.

Cam was appointed Minister of Citizenship in February, 2001. In his new role, he is responsible for ensuring equal opportunity for all Ontarians -- overseeing the development of legislation for people with disabilities, the Ontario Human Rights Commission and cultural diversity. The Minister is ensuring that the Ministry of Citizenship plays an active role in removing barriers to growth and employment across Ontario.



Q: Minister, it is no secret that you have inherited a hotbed of controversy regarding the 1.5 million people with disabilities in this province. There is a longstanding expectation that your department would implement various actions, most notably an Ontarians with Disabilities Act.

Premier Harris promised this when first elected back in 1995. Since that time, all three ministers who have preceded you in this portfolio, in the view of many Ontarians with disabilities, failed to produce. Can people with disabilities in Ontario expect anything different from you? If so, what and why and when?

A: As Minister of Citizenship, I am personally committed to supporting people with disabilities so that they can receive the same opportunities and benefits as all Ontarians. We have a strong record of supporting measures that improve opportunities for the people of this province and we intend to sustain that effort. There’s no question this government has done an excellent job on managing its fiscal deficit; now it’s time to do an equivalent job in managing the human deficits faced by persons with disabilities.

The Premier has asked an experienced minister with a long personal commitment to equality issues to build towards a new consensus.

The recent Throne Speech confirms a commitment to "seek common ground and shared solutions to address the needs of persons with disabilities, and take action, including the introduction of legislation, to build on its commitment."

I’m concerned that the debate on this complex and sensitive issue has fallen into a discussion around timing and promises when what should have happened is a focus on educating the public on the struggle persons with disabilities face daily. No legislation will be effective, nor will it find broad public support, if the public doesn’t fully understand why change is needed.

Q: An ongoing concern for people with disabilities in this province has been the lack of opportunity to input, to be consulted with, regarding the ODA. As the minister responsible, how do you intend to address this issue?

A: There is no question, consultation is extremely important and should be inclusive and representative of all sectors that future legislation will impact on. There is a broad base of persons who have a direct interest in this legislation. We, as a government, need to make the most of our opportunities to gain their input, firsthand.

Since my appointment as Minister of Citizenship, I’ve met with representatives from over 50 organizations in 10 cities across the province -- most of them from the disability community. I will continue to meet with organizations, municipalities and representatives from the private sector to build a new consensus among all the parties of this leading-edge legislation -- not only those who have waited for results, but also those who will be called upon to make the changes, to pay for the changes and, most importantly, to understand how these changes will improve the quality of life in Ontario.

That’s why one of the first calls I made was to the Association of Municipalities of Ontario (AMO) and discovered that disability issues was not on its radar screen. I’ve asked AMO to devote part of its energies to work with government on a plan to implement standards for improved access in municipalities and begin a more focused and inclusive discussion on paratransit support when raising transit issues with both the federal and provincial governments.

Q: In many ways, it seems, the rubber meets the proverbial road on the issue of mandatory versus voluntary compliance with the terms of an Ontarians with Disabilities Act. The concern is that unless the act has teeth, service providers and business owners will not go the distance necessary to create real access in Ontario. Would you comment on this?

A: No government should ask of another what it’s not prepared to do itself. To date, no input has been received on what mandatory measures both the private sector and the municipalities would be willing to do and when.

Our government tabled Bill 83 in the fall of 1998 and there was no opportunity for feedback because it never went past first reading. All that was said was that "we don’t want it, it didn’t go far enough," but no one has articulated specific recommendations on how mandatory or voluntary measures can be accomplished.

I have heard in my consultations from the disability community that legislation alone is not the solution, that educating the public and promoting awareness is necessary to remove barriers and create an environment that is attitudinally accessible.

I’m also encouraged to see the many voluntary actions taken by municipalities and businesses to entrench accessibility in their decisions. One of my first visits was to Windsor where I met with the municipality and the Windsor Advisory Committee on Disabilities. They have done an outstanding job. We can learn from their good example, build on their positive experience and demonstrate to all municipalities what can be achieved.

Q: There seems to be some confusion as to who is responsible for what regarding disability rights in this province -- and, in fact, throughout Canada. Where do you see the line drawn between the various levels of government?

A: Improving opportunities for persons with disabilities is a shared responsibility across all sectors of society and all levels of government. This is a complex and sensitive issue that doesn’t fit in a neat legislative box. There can’t be one law that deals with all of the concerns of people with disabilities any more than there can be one law that deals with all of the concerns of women, or men, or children, or any of us for that matter. We must seek clarity first in order for commitment to follow.

Q: Would you consider offering a forecast as to what you would personally like to see addressed by an ODA?

A: I’m still listening. I’m still learning and am hoping to be influenced more by the real needs of people I meet and not the sum of the legislative work to date in Bill 83 by the bureaucracy.

Q: The Ontario Human Rights Commission has recently recognized the need to proactively pursue the rights of people with disabilities in Ontario -- their rights to access public facilities, their rights to employment-related resources, etc. How do you feel about this initiative -- and how does this harmonize, if at all, with your plans regarding the ODA?

A: I publicly commended the OHRC for this initiative that helps clarify the rights of people with disabilities. Not only is it a call to all employers, private and public sector alike, to work cooperatively to remove barriers to employment, it is also further proof that the rights accorded to the people of Ontario under the Human Rights Code are respected and protected.

My work in a previous portfolio at the Workers’ Compensation Board taught me the importance of protecting the rights of vulnerable people in a quasi-judicial setting. I believe the Ontario Human Rights Code is one of the finest pieces of legislation in North America, but it can be better. I’m committed to bringing forward amendments to strengthen the Commission. A strong and effective OHRC is the strongest foundation from which to build Ontario’s first Disabilities Act.

Q: How do you feel about work that has been addressed on behalf of people with disabilities in general in this province since your party has come to office? Are there any initiatives that you feel particularly strongly about one way or another?

A: Our government spends more on services for people with disabilities than any government in the history of this province. Since 1995, our government has introduced more than $800-million on new programs and spent close to $6-billion to expand opportunities for people with disabilities.

Only a strong economy can offer the promise of a better quality of life in Ontario and I am pleased with the progress made with our government’s fiscal restraint.

As I said earlier, it’s time to manage our human deficit. I’m committed to inspiring my colleagues to work with me to build on our government’s commitment and remove traditional barriers to Ontario’s disability community.