Pre Budget Consultation Brief to The Standing Committee on Finance: Disability Is Not A Partisan Issue

Submission from The Council of Canadians with Disabilities (CCD)

December, 2010

Background

On March 11, 2010 Canada ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The CRPD is a new international agreement about protecting and promoting the human rights of people with disabilities. Canada's ratification of the CRPD is viewed by Canadians with disabilities as a milestone and historic event committing all governments to advancing the rights and status of persons with disabilities.

The Council of Canadians with Disabilities (CCD), as Canada's cross-disability human rights organization, believes the CRPD creates the framework necessary to advance the rights of persons with disabilities. The CRPD is a foundational document that outlines the obligations of governments to address disability issues on a broad range of topics. Ratification of the CRPD means that the Government of Canada is required to develop an Implementation Plan and establish a Monitoring Process to track progress on the Plan. Ratification also means that this must be done with the active engagement of Canadians with disabilities and their organizations. CCD recognizes that not all can be achieved in the short term but expects ongoing sustained action to address the long standing inequality experienced by Canadians with disabilities. CCD reminds all Members of Parliament that disability issues are not partisan issues. Our issues are of concern to all Canadians and most Canadians, at some point in their life, will access supports and services built to Create a More Accessible and Inclusive Canada.

Below, CCD has highlighted its priorities in relation to the relevant Articles of the Convention.

Priorities

1. Initiatives to alleviate poverty

Article 28
Adequate standard of living and social protection[1]

1. States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing and to the continuous improvement of living conditions, including equal access to clean water, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
2. States Parties recognize the right of persons with disabilities to social protection, and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:
   
   (a) To ensure access by persons with disabilities to appropriate and affordable services, devices and other assistance for disability-related needs;
   
   (b) To ensure access by persons with disabilities, [in particular women and girls with disabilities and the aged with disabilities,] to social protection programmes and poverty reduction programmes; (c) To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses (including adequate training, counselling, financial assistance and respite care);
   
   (d) To ensure access by persons with disabilities to public housing programmes.
   
   (e) To ensure equal access by persons with disabilities to retirement benefits and programmes.

Addressing the disproportionate poverty experienced by Canadians with disabilities, CCD recommends that:

The Disability Tax Credit (DTC) be made refundable for Canadians with disabilities who do not have a taxable income. At present many Canadians with disabilities who would be eligible for the DTC have no benefit from it because they do not have a taxable income. Many people with disability live on incomes of less than $10,000 per year. This proposal has been supported by the Senate Report "In From the Margins: A Call to Action on Poverty, Housing and Homelessness" December 2009.

The Government of Canada establish a Working Group to study and bring forward recommendations for addressing the poverty of Canadians with disabilities. The Registered Disability Savings Plan created in budget 2007 is a positive initiative but its benefit will not be real for people with disabilities for some years yet.

The Government of Canada as an outcome of their ratification of the CRPD should address as a priority the poverty of Canadians with disabilities and develop a series of dialogues with persons with disabilities and their organizations on substantive measures to reduce the disproportionate poverty experienced by Canadians with disabilities.

2. Initiatives to create employment including those most marginalized

Article 27
Work and employment

1. States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, inter alia:
   
   (a) To prohibit discrimination on the basis of disability with regard to all matters concerning employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement, and working conditions;
   
   (b) To protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redressing of grievances;
   
   (c) To ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others and in accordance with national laws of general application;
   
   (d) To enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;
   
   (e) To promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining and maintaining and returning to employment;
   
   (f) To promote opportunities for self-employment, entrepreneurship and starting one's own business;
   
   (g) To employ persons with disabilities in the public sector;
   
   (h) To promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;
   
   (i) To ensure that reasonable accommodation is provided to persons with disabilities in the workplace;
   
   (j) To promote the acquisition by persons with disabilities of work experience in the open labour market;
   
   (k) To promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.
2. States Parties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour.

Getting a Job

The Government of Canada this Fall stated in its response to the Senate Report In From the Margins, "Ultimately sustained employment is the best sources of income security for individuals and families." CCD agrees but sadly many people eager and willing to work are excluded because of a variety of barriers.

We recommend that:

Labour Market Agreements negotiated with provinces must include specific designated allocations and targets for persons with disabilities.

Funding for the Opportunities Fund (OF), a labour market strategy for persons with disabilities, and the Labour Market Agreement for Persons with Disabilities (LMAPD) be doubled. OF has remained at $30 million for over 15 years and the LMAPD has not been increased in a decade.

The Government of Canada should become a "model employer" and increase the labour market participation of persons with disabilities in the federal civil service by 1% over the next two years.

3. Investments to remove barriers to full and equal participation in the community

Article 9
Accessibility

1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:
   
   (a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces;
   
   (b) Information, communications and other services, including electronic services and emergency services.
2. States Parties shall also take appropriate measures:
   
   (a) To develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public;
   
   (b) To ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities;
   
   (c) To provide training for stakeholders on accessibility issues facing persons with disabilities;
   
   (d) To provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms;
   
   (e) To provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public;
   
   (f) To promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information;
   
   (g) To promote access for persons with disabilities to new information and communication technologies and systems, including the Internet;
   
   (h) To promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.

Building a More Accessible and Inclusive Canada

Market forces have not responded to ensure access for persons with disabilities. In fact new barriers are being created. The Government of Canada must regulate accessibility in the areas of transportation and communication. Canadians with disabilities can make significant contributions to our society but they cannot do so if new barriers to participation continue to be created.

We recommend that:

The Government of Canada regulate the transportation and communication industries to ensure access for people with disabilities.

Government implement a procurement policy that insists that all goods and services purchased, particularly information technology, be fully accessible.

4. Support of Voluntary Sector

Article 4
General Obligations

3. In the development and implementation of legislation and policies to implement the present Convention, and in the decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.

Article 33
National implementation and monitoring

1. States Parties shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism to facilitate related action in different sectors and at different levels.
2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish at the national level an independent mechanism to promote, protect and monitor implementation of the present Convention, taking into account, where necessary, gender- and age-specific issues. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.
3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.

Support Voluntary Sector

Canadians with disabilities struggle to have their needs met. When times are more challenging, sadly we are often the first to feel the effects of cutbacks in services and supports or loss of employment.

Equally true is the fact that the voluntary sector is being called upon to support and create community services that assist those who have lost jobs or find themselves less able to cope. Canada's voluntary sector provides everything from food banks and counseling to labour market training, individual supports and shelter. A robust voluntary sector is critical in maintaining the social safety net of this country. During difficult times volunteers and their associations play a critical role in addressing the difficulties encountered by many. The Government of Canada must enable volunteers and voluntary associations to continue to make the strong and effective contributions that only they can provide.

We recommend that:

The Government of Canada renew and expand the Social Development Partnerships Program that supports the disability community to bring to government advice and information for creating a more accessible and inclusive Canada. This fund has not been increased since 1996 and people with disabilities and their organizations have been repeatedly asked to do more with less. This cannot continue and soon, if government does not expand its support, the value added by engagement with disability organizations will be lost.

A Consensus Does Exist: Disability Is Not A Partisan Issue

CCD is well aware that the federal jurisdiction has its limitations and that responsibility for many of our issues rests with the provinces and territories. CCD calls on the Government of Canada to work collaboratively with the provinces and territories on labour market strategies and broad social policy initiatives to address the needs of persons with disabilities. Wherever possible, CCD asks the Government of Canada to use its legislative powers to ensure that persons with disabilities are included fully in Canadian programs and services.

• [1] The Ad Hoc Committee has used the term social protection on the understanding that it has a broad interpretation, as contained in the report of the Secretary-General to the Commission for Social Development at its thirty-ninth session (E/CN.5/2001/2).