So, it is useful to understand the general categories or types of impairments, so we can name and address distinct barriers and come up with distinct solutions...
Provincial Human Rights legislation, such as Ontario’s Human Rights Code, guarantee freedom from discrimination because of disability in the areas of employment, housing and with respect to services, goods and facilities. These laws also include the duty to accommodate.
The Canadian Charter of Rights and Freedoms is another important piece of legislation for people with disabilities. It is essentially a list of rights that is a key component of the Constitution of Canada – the Constitution being the supreme law of Canada. The Charter guarantees certain political and civil rights to all citizens of Canada. The intent is to unite all Canadians around a set of beliefs and principles. The Canadian Charter of Rights and Freedoms guarantees fundamental freedoms, legal rights and equality under the law to every resident whether you are a citizen or permanent resident. Given the history of people with disabilities in Canada and the barriers that we explored yesterday, these key components of the definition of equality are something that people with disabilities and more specifically newcomers with disabilities, have to fight hard to obtain. There are federal and provincial/territorial laws that prohibit discrimination which means ensuring equal opportunity and accommodating the needs of persons with disabilities See Canreach – Immigration Consulting Inc. http://www.canreach.com/canada/about-canada . The Canadian Charter of Rights and Freedoms of 1982, includes a specific mention of physical or mental disability as a prohibited ground of discrimination. This was the first time that such a right was guaranteed in the Constitution of a country. The Charter makes it illegal for governments in Canada to discriminate against persons with disabilities in their laws and programs.
1. Access to Immigrant Settlement Services for People with DisabilitiesOCASI-ERDCO – Welcoming and Inclusive Communities Accessibility Project
2. Outline∗ Defining disability∗ Experience of Being a Newcomer with a Disability∗ The Law and People with Disabilities∗ Developing an Accessibility Plan 2
3. What is the first thing that comes to mind when you hear the word disability? 3
4. What do you knowabout people withdisabilities? 4
5. What do you knowabout newcomers with disabilities? 5
6. Solutions to the “Problem” of Disability Medical Model Social Model Cure Universal design Rehabilitate Accommodating environments Prevent Eliminating barriers Including voice and Treat experiences of people with Decisions made by experts disabilities Promoting valued roles Changing society 6
8. What are some of the barriers newcomers with disabilities experience in Canada? 8
9. Barriers for Newcomers with Disabilities Labour market exclusion. Increased vulnerability to domestic and other forms of abuse. Social and economic dependence on family. Negative attitudes towards disability in their own and mainstream cultures. 9
10. Barriers for Newcomers with Disabilities Lack of culturally and linguistically appropriate health, social, and educational services. Service providers lack sensitivity when delivering services. Lack of knowledge of how to navigate all areas of community life and may not feel it is appropriate to question professionals or educators. Barriers to learning English or French. 10
11. Barriers for Newcomers with Disabilities Lack of affordable and accessible housing. Gap between immigrant settlement services and disability specific services. Newcomers have decreased access to disability income and other supports. Discriminatory immigration policies for people with disabilities. 11
12. Summary Broader Societyimmigration policies disability supports Community barriers to services/supports lack of accessible/affordable housing Individual Can’t find a job or go to school Perception of disability 12
13. Definition of Disability“Disability” results from the interaction betweenpersons with impairments, conditions or illnesses andthe environmental and attitudinal barriers thathinders full and effective participation in society on anequal basis with others. 13
14. Accessibility for Ontarians with Disabilities (AODA) – Definition of Disability Any degree of physical disability, infirmity, malformation or disfigurement A condition of mental impairment or a developmental disability A learning disability or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language 14
15. Accessibility for Ontarians with Disabilities (AODA) – Definition of Disability…(Continued) A mental disorder An injury or disability for which benefits were claimed or received under the insurance plan Established under the Workplace Safety & Insurance Act, 1997 15
16. Ontario Human Rights Code – Definition of Disability ...the person has or has had, or is believed to have or have had: Any degree of physical disability A condition of mental impairment or a developmental disability A learning disability A mental disorder An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997 16
17. The Charter of Rights and Freedom∗ Section 15(1) recognizes that every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability. 17
18. The Canadian Human Rights Act∗ States that physical and mental disability are prohibited grounds of discrimination.∗ The law includes the “Duty to Accommodate ". 18
19. Duty to AccommodateEmployers and unions in Canada are required to makeevery reasonable effort, short of undue hardship, toaccommodate an employee who comes under aprotected ground of discrimination within humanrights legislation. 19
20. Accessibility Standards1. Customer service2. Employment3. Information and communications4. Transportation 6. Built Environment (in development) 20
21. Types of BarriersType of Barriers ExamplesAttitudinal Talking to a person with an intellectual disability like a childInformation & Communication Print is too small for people with low vision. Reading level is too high or grammar too complexTechnology Computers in a computer training class for newcomers do not have accessible software, like screen readers or pointing devicesOrganizational Agency doesn’t hire people with disabilities from ethno-cultural communities as settlement workersArchitectural & physical 21 No elevator or accessible washrooms
22. Challenges at Work…(Continued)CHALLENGES RESULT 22