Accessibility: Ontarians with Disabilities Act
Legsilation
Uses same definition as the Ontario Human Rights Code
Provincial law, meaning it only applies to that province
Facts/Stats
Cost of making everything accessible
Making renovations to make building acessible, such as houses, is costly and in times restricts a person's right to live in a affordable house in addition to renovations
Fines are given to organizations who fail to comply with AODA
Percentages of Canadians with Disibilities
Percentage of Canadians with a disability by age group:
2022 2017
Total 15/15+ 27% 22.3%
15-24 20.1% 13.1%
25-64 24.1% 20%
65+ 40.4% 37.8%
Mental Health related disabilities increased by 6 percentage points from 2017 to 2022
The goal of AODA (passed in 2005) was to create an accessible Ontario by 2025 through preventing barriers and challenges
24% of Ontario's population have some sort of disability, and over 400 000 of those people live in Toronto, which is a problem as it will require a lot of medical care in the area and as a person ages, the more likely they are to get a disability, which raises the question of what to do to prevent people from getting a disibilty.
Legal Cases
Hejka v. The Regional Municipality of Durham, 2022 ONSC 2233:
Hejka is a person with disabilities, and was changed from unconditional (not limited) door to door service on paratransit services (taxi or small bus taking a more defined route to take passengers at request) to conditional services as the Durham region and to use a support person at his own expense.
Divisional Court made three important findings. 1) AODA should be interpreted in a large, fair, liberal way to achieve its purpose. 2) Decisions about eligibility should promote independence rather than undermine them. 3) Governing consideration is what best meet the needs of the person with a disability.
ODA Alliance Chair David Lepofsky’s Court Case Against the Ford Government’s Disability Discrimination in Online Health Card Renewal Process February 2022:
When renewing for a healthcare, it states that you need a driver's license, however some people cannot renew their license online due to their disability
Social Issues
Effectively implementing AODA with working consequences (fines such as $100 000/day for corporations are not useful/effective in terms of making a accessible environment for all)
Not enough progress is being made for AODA to be implemented properly
As accessibility is tough to implement everywhere for everyone, there is a possibility that more disabled people will go through M.A.I.D. because needs are not met
Key Terms
AODA:
Accessibility for Ontarians with Disabilities Act
Disability:
Physical or mental condition
that limits an individual's
movement, senses, or activities
Guide Dog:
Highly trained working dog trained under the Blinds Persons Rights Act to ensure mobility, safety, and an increased independence for people that are blind
Service Animal:
Animal that is used for relation to the person's disability or a not from a nurse confirming that the person is required to have that animal for reasons relating to the disability
Support Person:
Another person who accompanies person with disabilities
Accessibility Standards:
Laws that government, business, non-profits,
public sector organizations to be more
acessible