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Annual Report
ARCH Annual Reports since 1997.
…Advocacy Tools
Learn more about Bill C-81 and how to advocate for a strong Accessible Canada Act.
…ARCH Submissions
ARCH’s submissions to Parliament on strengthening Bill C-81 (Accessible Canada Act)
…Submission of Canadian Civil Society Organizations to the Committee on the Rights of Persons with Disabilities
On the List of Issues Prior to Reporting [Canada] to be adopted during the 22nd Session of the Committee on the Rights of Persons with Disabilities ARCH and numerous disability organizations and groups prepared a submission to the United Nations Committee on the Rights of Persons with Disabilities (“Committee”) on July 26, 2019. The submission
…Annual General Meeting
ARCH Annual General Meeting
…ARCH Alert Volume 20, Issue 2
Paper – Discussion Paper on Proposed Federal Accessibility Legislation and the Convention on the Rights of Persons with Disabilities (2017)
This paper addresses an important legal issue ARCH recommended the Government to address as it developed the proposed federal accessibility legislation: the United Nations’ Convention on the Rights of Persons with Disabilities and its relationship with the planned federal accessibility legislation. In this paper ARCH provides a legal analysis of the role that the Convention
…Submission – Plain English version of the Submission of Canadian Civil Society Organizations to the Committee on the Rights of Persons with Disabilities
Submission – Canada: Community Organizations and Organizations of People with Disabilities Report on the “List of Issues Prior to Reporting” Plain English* version of: Submission of Canadian Civil Society Organizations to the Committee on the Rights of Persons with Disabilities On the List of Issues Prior to Reporting [Canada] to be adopted during the 22nd
…Resources
ARCH’s Resource collection includes articles, position papers, fact sheets, and continuing legal education materials developed by ARCH and our partners.
…Submission – Brief to the Ontario Government on Necessary Revisions to the 2007 Customer Service Accessibility Standard, 2016
PDF and RTF versions of this submission are available at the end of this page. Introduction In this brief, the Accessibility for Ontarians with Disabilities Act (AODA) Alliance and ARCH Disability Law Centre (ARCH) jointly present concrete, workable, and much-needed revisions to strengthen the Customer Service Accessibility Standard. The Ontario Government can easily implement these
…ARCH Submissions Detailing its Position on the Inclusion of the Clinical Frailty Scale in Ontario’s Triage Protocol
Sent via email to COVIDUpdates@ontariohealth.ca September 1, 2020 Joint Centre for BioethicsUniversity of Toronto155 College Street, Suite 754Toronto, ON M5T 1P8Canada Dear Members of the Bioethics Table: Re: ARCH Disability Law Centre’s Submissions Regarding Ontario’s Triage Protocol Draft dated July 7, 2020 Following Meetings with Bioethics Table The within document is the written submission of
…Submission – ARCH’s Recommendations for Strengthening Bill C-81, the Accessible Canada Act (2018)
ARCH’s recommended amendments to ensure that Bill C-81, the Accessible Canada Act, achieves its purpose and potential. This resource is part of ARCH’s Advocating for an Accessible Canada initiative. For more information about the initiative, go to: www.archdisabilitylaw.ca/initiatives/advocating-for-accessibility-in-canada PDF and RTF versions of this submission are available at the end of this page. [Le français
…Guide – Attendant Services in Ontario
Please note that the information in this Guide does not apply to all situations. A person’s accommodation needs may vary over time and at different points in the day. PDF and RTF versions of this guide are available at the end of this page. Introduction Know your Rights In Ontario, the rules about most attendant
…ARCH Alert Volume 21, Issue 1
ARCH releases Final Report on the Accessible Canada Act
This report provides a legal analysis of Bill C-81, An Act to ensure a barrier free Canada. It incorporates feedback that ARCH received from persons with disabilities and disability organizations on the first draft of this report. A plain language summary is also provided. ARCH’s recommendations for strengthening Bill C-81 will be available shortly.
…Paper – Legal Analysis of Accessible Canada Act – Final Report (2018)
This report provides a legal analysis of Bill C-81, An Act to ensure a barrier free Canada. It incorporates feedback that ARCH received from persons with disabilities and disability organizations on the first draft of this report. This resource is part of ARCH’s Advocating for an Accessible Canada initiative. For more information about the initiative,
…Submission – AODA Alliance and ARCH’s Joint Submission on the AODA Transportation Accessibility Standard (2017)
The AODA Alliance and ARCH Disability Law Centre present concrete, workable, and much-needed revisions to strengthen Ontario’s 2011 Transportation Accessibility Standard that was enacted under the Accessibility for Ontarians with Disabilities Act (AODA). This is the final joint submission with recommendations to Ontario’s Transportation Standards Development Committee for the Review of the Transportation Accessibility Standard
…Paper – Open Court and Confidentiality: Can there be a Balance in Light of our New Media Age?
Paper prepared for the OBA Human Rights Annual Update on May 23, 2014. The topic of discussion in this paper revolves around privacy issues that arise when persons with disabilities seek redress before the Human Rights Tribunal of Ontario (HRTO). It is likely that confidentiality will not be maintained and intimate details about their disability
…Paper – A Conceptual and Legal Framework for Inclusive Education – Jody R Carr (2017)
This paper is authored by former Education Minister of New Brunswick, Jody Carr, on behalf of ARCH Disability Law Centre, to explore and articulate a framework for reform for the delivery of public education services across Canada that is both accessible and inclusive of all children. Introduction There has been significant evolution in Canadian jurisprudence,
…Submission – ARCH’s Submission on the Government of Canada’s Accession to the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities (2017)
ARCH’s submission to Review of Canada’s Accession to the United Nations Optional Protocol to the Convention on the Rights of Persons with Disabilities (CRPD). The Optional Protocol (OP) provides two procedures by which the UN Committee on the Rights of Persons with Disabilities can oversee implementation of Convention rights: a complaints procedure for individuals on violations
…ARCH Alert Volume 22, Issue 1
Paper – Inclusive Education: Opportunities for Redesign, 2010
This paper was written for 2010 CAPSLE Conference in Calgary on Inclusive Education and the United Nations Convention on the Rights of Persons with Disabilities. In 2010, Canada ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD), affirming its commitment to inclusive education. In this paper, ARCH discusses universal design as
…ARCH Submission on HRTO’s Digital First Strategy
Sent via email to hrto.registrar@ontario.ca November 27, 2020 Tamara Kronis, Associate Chair Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Dear Associate Chair: Re: ARCH Disability Law Centre’s Comments on the Use of Electronic Proceedings at the Human Rights Tribunal of Ontario I write to you today on behalf of
…Home
ARCH Disability Law Centre is a specialty legal clinic that practices exclusively in disability rights law.
…Paper – The Legal Rights and Challenges Faced by Persons with Chronic Disability Triggered by Environmental Factors
Report prepared by ARCH Disability Law Centre and the Canadian Environmental Law Association September 2019 Acknowledgements: ARCH and CELA gratefully acknowledge the following people in the preparation of this report. Authors: Dianne Wintermute, Lawyer (ARCH) and Kathleen Cooper, Senior Researcher and Paralegal (CELA) Legal and Research Assistants: Joshua Patlik and Erica Stahl We are particularly
…Paper – Considerations for Effective Implementation and Enforcement of the Proposed Federal Accessibility Legislation (2017)
This paper addresses an important legal issue ARCH recommended the Government to address as it developed the proposed federal accessibility legislation: ensuring effective implementation and enforcement of the proposed federal accessibility legislation. ARCH’s Considerations for Effective Implementation and Enforcement of the Proposed Federal Accessibility Legislation were presented to government in its consultation process as it
…ARCH Alert Volume 19, Issue 1
Paper – Comparing the Incomparable in Human Rights Claims: Moore Guidance, 2013
Paper presented at the Ontario Bar Association’s 2013 Annual Human Rights Update: Keeping on Top of Key Developments Part II. This paper focuses on the Supreme Court of Canada decision in Moore v. British Columbia (Ministry of Education) and the use of a strict comparative analysis when framing and adjudicating statutory human rights claims. In this paper,
…ARCH Disability Law Centre’s Comments on the Human Rights Tribunal of Ontario’s Proposed Changes to Form 1: Application and Rules of Procedure
Sent via email to john.gross@ontario.ca May 7, 2021 Tamara Kronis, Associate ChairHuman Rights Tribunal of Ontario655 Bay Street, 14th FloorToronto, ON M7A 2A3 Dear Associate Chair Kronis: Re: ARCH Disability Law Centre’s Comments on the Human Rights Tribunal of Ontario’s Proposed Changes to Form 1: Application and Rules of Procedure We write on behalf of ARCH
…COVID-19 Factsheet – Accessing Critical Care in Hospitals during the COVID-19 Pandemic
April 19, 2021 (disponible en français) This Factsheet provides legal information and advocacy tips to people with disabilities who require critical health care in Ontario during the COVID-19 pandemic. This Factsheet contains information about laws and policies in Ontario. This legal information may not apply to you if you live outside of Ontario. To access
…COVID-19 Factsheet – Accessing Critical Care in Hospitals during the COVID-19 Pandemic
COVID-19 Factsheet – Accessing Critical Care in Hospitals during the COVID-19 Pandemic
…Advocacy Toolkit – Your Right to not be Excluded from School in Ontario
Please note that the information in this Toolkit does not apply to all situations. A person’s accommodation needs may vary over time and at different points in the day. Always ask the person with the disability how to most appropriately accommodate them. PDF and RTF versions of this toolkit are available at the end of
…Submission to Rich Donovan – 4th Independent Review of the Accessibility for Ontarians with Disabilities Act
Submission to Rich Donovan – 4th Independent Review of the Accessibility for Ontarians with Disabilities Act
…COVID-19 and Disability: Recommendations to the Canadian Government from Disability Related Organizations in Canada – March 24, 2020
Letter calling on the Government of Canada to recognize the unique vulnerabilities of persons with disabilities and their families during COVID-19.
…Fact Sheet – Procedural Accommodations at Administrative Tribunals: Accomodations in the Human Rights Tribunal of Ontario (HRTO)
I am a self-represented Applicant at the Human Rights Tribunal of Ontario. I have a hearing coming up, but I need disability-related accommodations to participate in the hearing meaningfully. What are my rights? What does the law say? The Human Rights Tribunal of Ontario (the Tribunal) is required to provide disability-related accommodations to the point
…Guide – Human Rights and Education in Ontario: A general guide for students
Please note that the information in this Guide does not apply to all situations. A person’s accommodation needs may vary over time and at different points in the day. Always ask the person with the disability how to most appropriately accommodate them. PDF and RTF versions of this guide are available at the end of
…Submission – ARCH Submission to Ministry of Education (2018)
Joint submission to the Government of Ontario for their consultation related to Ontario’s education system, submitted by ARCH Disability Law Centre, Community Living Ontario, Brockville and District Association for Community Involvement, Inclusion Research Team Brock University, Canadian Research Centre on Inclusive Education Western University and Inclusive Education Canada. PDF and RTF versions of this submission are
…Submission – ARCH’s Submission on Third Independent Review of the AODA (2018)
ARCH’s submission on the Third Independent Review of the AODA. The recommendations here should be considered together with ARCH submissions to the past two Independent Reviews and ARCH submissions on the AODA standards. PDF and RTF versions of this submission are available at the end of this page. Submission to the Honourable David C. Onley Third
…Submission – ARCH’s Initial Recommendations for Review of the AODA Employment Accessibility Standard (2018)
ARCH’s submission on the Initial Recommendations for Review of the Employment Accessibility Standard under the Accessibility for Ontarians with Disabilities Act. PDF and RTF versions of this submission are available at the end of this page.
…Paper – Invented Power: An Analysis of the Exclusion Clause in Ontario’s Education Act, 2017
Citation: Luke Reid, “Invented Power: An Analysis of the Exclusion Clause in Ontario’s Education Act” in Caroline Spindler Ed., CAPSLE 2016: Bright Lights on Emerging Issues in Education Law, Proceedings of the Twenty-Seventh Annual Conference of the Canadian Association for the Practical Study of Law in Education, held in Toronto, Ontario May 1 – 3, 2016
…Letter: Follow Up to Expanding Health Card Renewal Services to Persons with Disabilities
We welcome the Government of Ontario’s recent announcement extending the deadline to renew health cards in light of the exigencies of the pandemic, and allowing those with Ontario Photo Cards the same opportunity to renew online as those with a driver’s license in the coming months. . However, it does not remedy the discrimination of persons with disabilities without a driver’s license or an Ontario Photo Card.
…ARCH Disability Law Centre’s Brief to the Standing Senate Committee on Social Affairs, Science and Technology (SOCI) Re: Bill C-22
ARCH Disability Law Centre’s Brief to the Standing Senate Committee on Social Affairs,
Science and Technology (SOCI) Re: Bill C-22 – An Act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a consequential amendment to the Income Tax Act
Strategic Plan
ARCH Strategic Plan 2018-2023
…Submission to the Standing Committee on Social Policy regarding Bill 98
Submission to the Standing Committee on Social Policy regarding Bill 98
…What Amendments Should the Senate of Canada Make to Bill C-22, the Canada Disability Benefit Act? — A Discussion Paper
What Amendments Should the Senate of Canada Make to Bill C-22, the Canada Disability Benefit Act? — A Discussion Paper
…Submission to: Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA)
Re: Bill C-22, An Act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a consequential amendment to the Income Tax Act November 8, 2022 Introduction ARCH makes this submission to the Standing Committee on Human Resources, Skills and Social Development and the
…Submission regarding the Proposed Guidance and Template for Preparing Accessibility Plans
Submission of ARCH Disability Law Centre to the Accessible Canada Directorate, Employment and Social Development Canada Regarding the Proposed Guidance and Template for Preparing Accessibility Plans November 30, 2021 Introduction ARCH provides this submission to the Accessible Canada Directorate, Employment and Social Development Canada, regarding the proposed Guidance and Template for Accessibility Plans. ARCH’s submission
…Fact Sheet – My Rights at Work: Requests for disability-related accommodation in Ontario
What are my rights for disability-related accommodations at work? What does the law say? Ontario’s Human Rights Code (the Code) is a provincial law that says persons with disabilities in Ontario have the right to be free from discrimination in employment. Persons with disabilities are protected from discrimination in all stages of the employment relationship,
…Factsheet – What is the Accessibility for Ontarians with Disabilities Act (AODA)?
What is the AODA? The AODA is a law that aims to achieve a barrier free, or fully accessible, Ontario by 2025. The AODA asks obligated organizations to identify, remove and/or prevent barriers to full inclusion and participation of persons with disabilities in society. The AODA states that barriers are anything that stops the full
…Fact Sheet – Tips for Lawyers and Paralegals in Ontario: Accommodating clients requiring a support person
My client requires a support person as a disability-related accommodation to participate in a meeting. Can I refuse to include the support person in the meeting with my client? What Does the Law Say? As legal service providers, lawyers and paralegals must accommodate their clients with disabilities to the point of undue hardship, as required
…Fact Sheet – Tips for Lawyers and Paralegals in Ontario: Accommodating clients by communicating via email
My client asks to communicate via email as an accommodation. What are my professional obligations? What Does the Law Say? The Law Society of Ontario prohibits any form of discrimination, including against persons with disabilities. This prohibition and the obligation to provide legal services in accordance with Ontario’s Human Rights Code are detailed in the
…Guide – Using Legal Services: A Guide for persons with disabilities in Ontario
This Guide is intended for persons with disabilities who are seeking or receiving legal services. The information in this Guide serves as legal information on the right to accessible legal services. It is not intended to be legal advice. PDF and RTF versions of this guide are available at the end of this page. Free
…Student Programs
ARCH provides internships and placements to law and social work students from various universities – including the Student Proposed Internship through the University of Ottawa. ARCH also continues to offer the Disability Law Intensive program with Osgoode Hall Law School.
…Submission – ARCH’s Submission on the Proposed AODA Education Standard (2017)
ARCH’s submission on the initial consultation regarding the scope and mandate of the Standards Development Committee developing an Education Standard under the Accessibility for Ontarians with Disabilities Act. PDF and RTF versions of this submission are available at the end of this page. July 13, 2017 The Honourable Kathleen WynnePremier of OntarioLegislative Building Queen’s Park
…Submission – ARCH’s Submission on Bill C-14 Medical Assistance in Dying, 2016
PDF and RTF versions of this submission are available at the end of this page. A Call for Safeguards Submission by ARCH Disability Law Centre to the Standing Committee on Justice and Human Rights regarding Bill C–14 An Act to amend the Criminal Code and to make related amendments to other Acts (Medical Assistance in
…Submission – ARCH Submission to the Federal Standing Committee Considering Citizenship Act Amendments, 2016
PDF and RTF versions of this submission are available at the end of this page. Introduction We applaud the government’s introduction of Bill C-6 with the aim of restoring and fostering a diverse, fair and inclusive Canada. We ask the Standing Committee to take this opportunity to strengthen Bill C-6’s reforms by making small but
…Open Letters
Open Letters submitted by disability communities across Canada to support Bill C-81’s journey through the legislative process.
…ARCH Letter on Clinical Triage Protocol
Sent via email to info@ontariohealth.ca and christine.elliott@pc.ola.org May 13, 2020 Hon. Christine Elliott, Deputy Premier and Minister of HealthCollege Park, 5th Floor777 Bay StreetToronto, ON M7A 2J3 Mr. Matthew AndersonChief Executive OfficerOntario Health Dear Hon. Minister Elliott and Mr. Anderson: Re: Ontario’s Clinical Triage Protocol for Major Surge in COVID Pandemic We write further to
…ARCH Alert Volume 18, Issue 3
Submission – Canadian Civil Society Parallel Report Group Submission to UN Committee on the Rights of Persons with Disabilities (2017)
The Convention on the Rights of Persons with Disabilities (CRPD) is an international human rights law which protects and promotes the rights of persons with disabilities. Canada ratified the CRPD in 2010. The UN Committee on the Rights of Persons with Disabilities is a group of independent experts who monitor the implementation of the CRPD.
…Media Release – Decision Finds Air Canada Must Do More to Accommodate Passengers with Mobility Devices
Media Release – Decision Finds Air Canada Must Do More to Accommodate Passengers with Mobility Devices
…ARCH Alert Volume 19, Issue 2
Paper – If Inclusion Means Everyone, WHY NOT ME? (2018)
A Final Report for the extensive research study on the barriers to meaningful and inclusive education from K to 12 in Ontario conducted by ARCH, in partnership with Brock University, Western University, Community Living Ontario, Inclusive Education Canada, and Brockville and District Association for Community Living. This resource is part of ARCH’s Inclusive Education initiative.
…ARCH Alert Volume 17, Issue 1
ARCH Alert Volume 17, Issue 2
ARCH Bulletin on COVID-19: Ontario Renews Emergency Orders for Long-Term Care Homes until May 6, 2020
Ontario’s Emergency Orders and Directive for Long-Term Care Homes ARCH acknowledges the disproportionate vulnerability of residents in long-term care (LTC) homes who are seniors and persons with disabilities. LTC home residents are at higher risk of infection from COVID-19 for reasons such as advanced age, chronic conditions, and the institutional environment. We are deeply saddened
…News Release & New Report – Disability Related Barriers to COVID-19 Vaccines: Highlights from the COVID-19 Vaccination Accessibility Survey 2021
FOR IMMEDIATE RELEASE Ottawa, June 6, 2022 – In celebration of Independent Living Day in Canada, Independent Living (IL) Canada and ARCH Disability Law Centre are pleased to release a Report with findings from a survey on disability-related barriers to COVID-19 vaccines, titled: Disability Related Barriers to COVID-19 Vaccines: Highlights from the COVID-19 Vaccination Accessibility
…Submission to the Health Care Standards Development Committee regarding its 2021 Initial Recommendations Report
ARCH made a submission to the Health Care Standards Development Committee regarding its 2021 Initial Recommendations Report. To review ARCH’s full Submission, download it below.
…Reports, Papers and Recommendations
Reports, Papers and Recommendations on Bill C-81, Accessible Canada Act.
…ARCH’s Recommendations for Strengthening Bill C-81, the Accessible Canada Act
Read ARCH’s recommendations for strengthening Bill C-81, the Accessible Canada Act.
…ARCH Alert Volume 23, Issue 1
ARCH Alert Volume 21, Issue 2
ARCH Alert Volume 20, Issue 1
Advancing the UN CRPD
ARCH works with communities across Canada to advocate for the implementation of the Convention on the Rights of Persons with Disabilities (CRPD).
…ARCH Alert Volume 19, Issue 4
ARCH Alert Volume 17, Issue 3
History
ARCH’s history, since its creation as part of the larger disability rights movement happening in Ontario and across Canada in the 1970’s…
…Expert Witnesses Speak Out Against Parliamentary Committee’s MAiD Report
Expert Witnesses Speak Out Against Parliamentary Committee’s MAiD Report
…ARCH’s Summary on Government of Canada’s Draft Accessible Canada Regulations
ARCH’s Summary on Government of Canada’s Consultation on Draft Accessible Canada Regulations
…ARCH Alert Volume 20, Issue 4
ARCH Alert Volume 19, Issue 3
Submission – Vulnerable Persons Standard (VPS) on the Proposed Regulations for Monitoring of Medical Assistance in Dying (2018)
The Vulnerable Person Standard incorporates five evidence-based safeguards intended to protect the lives of Canadians. These safeguards aim to ensure that Canadians requesting assistance from physicians to end their life can do so without jeopardizing the lives of persons in circumstances that make them vulnerable to abuse, coercion, and inducement to suicide. In this submission
…Case Summary and Analysis: Human Rights Tribunal of Ontario contemplates Toronto Star and Tribunals Adjudicative Records Act in Grange v Toronto (City)
Human Rights Tribunal of Ontario releases decision about public disclosure of adjudicative records and confidentiality orders
…Case Summary and Analysis: Provincial Government Introduces Legislation about Access to Records at Administrative Boards and Tribunals
A Summary and Analysis of Tribunal Adjudicative Records Act, 2019, in light of the Toronto Star v AG case and the Charter challenge targeting the application of the Freedom of Information and Protection of Privacy Act to align administrative tribunals more closely with the open-court principle.
…Focus: Emergency Measures for Administrative Tribunals – Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020
Ontario puts in place emergency measures for administrative tribunals in response to COVID-19, including enacting Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020, and suspending limitation and other procedural time periods.
…ARCH Alert Volume 24, Issue 1
ARCH Alert Volume 16, Issue 4
Request to Inter-American Commission on Human Rights for Hearing on MAiD
August 15, 2022 A coalition of 20 disability rights groups represented by ARCH Disability Law Centre requested a public hearing about MAiD at the Inter-American Commission on Human Rights.
…ARCH honoured with Pat Worth Award!
On October 17, 2020, People First of Canada presented ARCH with the Pat Worth Award. ARCH is so honoured and grateful for this prestigious and humbling recognition. This award is given in recognition of outstanding contributions to the Inclusion Movement in Canada.
…ARCH Alert Volume 18, Issue 2
ARCH Alert Volume 18, Issue 1
Submission to the K-12 Education Standards Development Committee regarding the 2021 Initial Recommendations Report
ARCH made a submission to the K-12 Education Standards Development Committee regarding the 2021 Initial Recommendations Report. To review ARCH’s full Submission, download it below.
…ARCH Alert Volume 21, Issue 3
ARCH Alert Volume 20, Issue 3
Submission – ARCH Submission to the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying, 2015
This submission was offered to the Federal External Panel on Options for a Legislative Response to the Supreme Court’s decision on physician-assisted dying in Carter v Canada. The issue of physician-assisted dying has provoked a wide range of responses from the various segments of the communities of persons with disabilities in Ontario. ARCH has gone
…Submission – ARCH Submissions on the Canadian Human Rights Commission Draft Complaint Rules
Sent via email to Piero.Narducci@chrc-ccdp.gc.ca October 18, 2019 Piero NarducciDirector GeneralComplaints Services BranchCanadian Human Rights Commission Dear Mr. Narducci: Re: ARCH Submissions on the Canadian Human Rights Commission Draft Complaint Rules On September 13, 2019, the Canadian Human Rights Commission (the “Commission”) invited several organizations to participate on a teleconference call to provide feedback on
…Accessible Practice: The Importance of Privacy for Clients with Disabilities
About privacy concerns that are specific to clients with disabilities and what you can do in your legal practice to proactively address these issues.
…Submissions and Recommendations Regarding Ontario’s Triage Protocol Draft dated July 7, 2020
Sent via email to COVIDUpdates@ontariohealth.ca July 20, 2020 Joint Centre for BioethicsUniversity of Toronto155 College Street, Suite 754Toronto, ON M5T 1P8Canada Dear Ms. Gibson and Mr. Smith: Re: ARCH Disability Law Centre Submissions and Recommendations Regarding Ontario’s Triage Protocol Draft dated July 7, 2020 The within document is the written submission of ARCH Disability Law
…Updates
Follow Bill C-81’s journey through the legislative process and ARCH’s advocacy work towards An Act to ensure a barrier-free Canada.
…Focus: The Availability of Charter Remedies at the Human Rights Tribunal of Ontario
About the jurisdiction to decide questions of law related to the decisions within HRTO’s mandate and to grant Charter remedies in relation to issues arising in the course of their decisions.
…Intervention submitted to the Canadian Radio-television and Telecommunications Commission
Intervention of ARCH Disability Law Centre submitted to the Canadian Radio-television and Telecommunications Commission Telecom and Broadcasting Notice of Consultation CRTC 2020-124: Call for Comments – Regulations to be made under the Accessible Canada Act June 12, 2020 Table of Contents INTRODUCTIONSUMMARY OF RECOMMENDATIONSARCH’S RESPONSE TO THE CALL FOR COMMENTSA. CONTENT OF REGULATIONS AND GUIDANCE
…Focus: Human Rights Tribunal of Ontario Releases Practice Direction on New Case Processing System
About HRTO’s new case processing system, in response to its caseload increase and administrative backlog.
…COVID-19 Factsheet – Getting Life Saving Medical Care in Hospitals during the COVID-19 Pandemic – PLAIN LANGUAGE VERSION
April 19, 2021 This is a plain language version of “Accessing Critical Care in Hospitals during the COVID-19 Pandemic This Factsheet gives information about the law. This information is for people with disabilities who may need critical medical care in hospitals in Ontario during the COVID-19 pandemic. The information in this Factsheet is about laws
…Advocacy Toolkit – Advocating for Your Support Person, Attendant or Communication Assistant to be with You in Hospital During the COVID-19 Pandemic
This Advocacy Toolkit provides legal information and advocacy tips to people with disabilities who need their support person, attendant or communication assistant to be with them in hospital during the COVID-19 pandemic. This Toolkit contains information about laws and policies in Ontario. This legal information may not apply to you if you live outside of
…Focus: Canadian Human Rights Commission Releases Complaint Rules
Canadian Human Rights Commission Releases Rules for its Process
…Update: Senate Committee Adopts Amendments which Strengthen Bill C-81- Accessible Canada Act
Follow Bill C-81’s journey through the legislative process towards An Act to ensure a barrier-free Canada. Find out what’s next after the Senate’s amendments to this Bill.
…Accessible Practice: Practice tips for maintaining privilege and confidentiality for a client accompanied by a support person
Practice tips for maintaining privilege and confidentiality for a client accompanied by a support person
…ARCH Disability Law Centre Statement on the Potential Suspension of the Health Care Consent Act
January 28, 2021 ARCH Disability Law Centre is alarmed to learn that the Ontario Critical Command Centre is seeking an Executive Order to suspend certain provisions of the Health Care Consent Act (HCCA). Currently, the HCCA requires doctors to get the consent of a patient, or if the patient is not able to consent, the
…Submissions on Bill 175, Connecting People to Home and Community Care Act, 2020
Submissions of ARCH Disability Law Centre to the Standing Committee on the Legislative Assembly Bill 175, Connecting People to Home and Community Care Act, 2020 June 17, 2020 Table of Contents A. IntroductionB. About ARCHC. Issues and RecommendationsI. Persons with Disabilities must be Included in Bill 175 AmendmentsII. Key Provisions Moved from Legislation to RegulationsIII.
…ARCH Letter to Premier of Ontario and Minister of Ontario Health on Hospital Visitation Bans
ARCH letter highlights serious concerns about the discriminatory impact of hospital visitation bans on people with disabilities in Ontario. ARCH is calling upon the Government of Ontario to urgently revise the essential visitor definition to ensure that people with disabilities get equal access to hospitals and health care services. The Honourable Doug FordPremier of Ontariodoug.fordco@pc.ola.org
…ARCH Bulletin on COVID-19: The Assistive Devices Program (ADP) is Open for Business
ADP is Accepting All Applications for Assistive Devices ADP has advised ARCH that it has now re-opened and is making decisions about applications for assistive devices. The ADP Office permanently re-opened for business on April 29, 2020. ADP says that it closed temporarily so it could move to a paperless approval process. This means that
…Submission – Submission of ARCH Disability Law Centre to the Canadian Transportation Agency Phase II – Consultation on the Accessible Transportation for Persons with Disabilities Regulations (ATPDR)
Introduction ARCH is pleased to provide this submission to the Canadian Transportation Agency (Agency) as part of its Phase II Consultation on the Accessible Transportation for Persons with Disabilities Regulations (ATPDR). Accessible transportation is essential for realizing full and equal participation of persons with disabilities in Canada. Without access to transportation, people with disabilities are
…Case Summary and analysis: Recent Divisional Court case in Ontario affirms the contextual approach in Ontario for accommodating addictions disabilities in the workplace
Divisional Court confirms that a contextual, human rights analysis is required where a person with an addictions disability is terminated.
…Case Summary and Analysis: Accommodating Addictions Disabilities in the Workplace
An analysis of how fundamental principles of discrimination law apply in cases where employees with disabilities are terminated for misconduct.
…Disability groups from across Canada write open letter to government calling for improvements to Bill C-81-Accessible Canada Act
[Le français suit] Open Letter Regarding the Need to Strengthen Bill C-81 – Accessible Canada Act October 30, 2018 Dear Minister Qualtrough and HUMA Committee Members: We the undersigned commend the Federal Government for committing to enact national accessibility legislation. As provincial and national disability rights organizations, we write to express significant concerns regarding Bill
…Focus: Naming the Right Respondent at the HRTO
What to consider when deciding who to name as respondents and the legal test for adding respondents later in Human Rights Tribunal proceedings.
…Focus: The Law of Service Animals in Ontario
About the legislation in Ontario that specifically addresses rights and restrictions for persons who use service animals.
…Focus: A More Contextual Approach to the Human Rights Tribunal of Ontario’s One-Year Limitation Period
An analysis of a recent decision that allows for more applications to be heard provided their filing delay has a reasonable explanation.
…Submission – ARCH’s Submission to the Ontario Human Rights Commission on its Review of the ‘Guidelines on Accessible Education’ (2017)
ARCH submission to the OHRC review of ‘Guidelines on Accessible Education’ outlines major developments in the legal framework around human rights and education since the Guidelines were first published. ARCH’s recommendations in the submission rely largely on Article 24 of the Convention on the Rights of Persons with Disabilities (“CRPD”) as a starting framework. PDF and
…Bill C-22 (Canada Disability Benefit)
Tell the Senate to Pass a Stronger Bill C-22! Send them a message.
…National AccessAbility Week 2021
National AccessAbility Week 2021 – Advocacy strategies for persons with disabilities during COVID-19
…NEWS RELEASE – FOR IMMEDIATE RELEASE – Six Bio-Ethicists on Ontario Government’s “Bioethics Table” Confirm Ongoing Concerns Raised by Disability Organizations regarding the Discriminatory and Secret Plans for the Triaging of Critical Care
Accessibility for Ontarians with Disabilities Act AllianceARCH Disability Law Centre April 19, 2021 – Serious objections that have been raised by disability groups for over one year regarding Ontario’s plans for triaging life-saving critical care have been validated and echoed by a number of the very individuals that were advising the Ontario Government on it.
…ARCH Statement on Doctors Operating Outside of the HCCA Framework
January 21, 2021 – On January 13, 2021 the latest version of a Triage Protocol was circulated to all Ontario Hospitals. Despite repeated demands by ARCH and other disability organizations to make the Protocol public, the government has chosen to circulate the document secretly demonstrating a continued failure to be transparent. ARCH managed to secure
…Submissions on Proposed Regulations under the Connecting Care Act
Submissions of ARCH Disability Law Centre to the Ministry of Health on Proposed Regulations under the Connecting Care Act August 7, 2020 Table of Contents A. IntroductionB. About ARCHC. Clear and Accessible Language RequiredD. Use of the word “Patient” is incorrectE. Location of Services must be Consistent with CRPDF. Modes of Delivery must be accessible
…ARCH Bulletin on COVID-19: Priority Testing Guidelines
Over the last month, testing to control the spread of COVID-19 has become an important issue for persons with disabilities across Ontario. On April 16, 2020, Premier Ford announced new guidelines that expand the groups of people who can receive priority COVID-19 testing. Under the new guidelines the following people can get priority testing: Individuals
…Factsheet – Bill 175 – Connecting People To Home and Community Care Act – Fact Sheet 1
Bill 175 is moving quickly through the Ontario Legislature. It was introduced by Health Minister Christine Elliott on February 25, 2020, when it passed First Reading. Debate on the Bill was held on March 2nd – 5th and 9th & 10th, 2020. The Bill passed Second Reading on March 10th, 2020. The Bill is now
…ARCH Bulletin on COVID-19: Accessible Communication
All Official Communications About COVID-19 Directed to the Public Must be Accessible to All Persons In response to COVID-19, officials from all levels of government have provided daily news updates about how to stop the spread of the virus, what to do if you are sick, and how to get support if you are affected.
…UN CRPD Updates
ARCH Alert – Launch of OP Lab: Learning, Sharing, Actioning! December 3, 2019 The OP Lab offers a series of courses about the Optional Protocol and the CRPD. These courses will be facilitated by ARCH lawyers and our project partners, and will include presentations from guest speakers, discussions, and learning exercises. Participants in the OP
…Case Summary and Analysis: Supreme Court denies leave in family status discrimination case: what this means for the legal test for discrimination
An analysis of the consequences of differing tests for family status discrimination amongst Canadian jurisdictions, and discussion of the troubling re-introduction of the distinction between direct and indirect discrimination.
…Case Summary and Analysis: S.A. v. Metro Vancouver Housing Corporation
A decision of significance to persons with disabilities: about the nature of Henson trusts and its relationship with social assistance programming.
…Focus: Bona Fide Academic Requirements in the New OHRC Policy
Ontario Human Rights Commission released a new Policy on Accessible Education for Students with Disabilities
…Accessible Practice: When Your Client Cannot Sign Documents
Alternatives for clients who have legal capacity, but who, because of a physical or sensory disability, cannot sign documents.
…About Us
ARCH Disability Law Centre is a specialty legal clinic dedicated to defending and advancing the equality-rights of persons with disabilities in Ontario.
…Factsheet – Service Rights in Attendant Services: Refusal to provide personal records
What can I do if my service provider refuses to give me my personal records? What does the law say? Ontario’s Personal Health Information Protection Act, 2004 (PHIPA) creates rules about your personal health information. Personal health information includes any information about your physical or mental health. It also includes an attendant service plan. Service
…Submission to Special Joint Committee on Medical Assistance in Dying
Submission to Special Joint Committee on Medical Assistance in Dying
…Joint Civil Society Letter on 2021 UN Treaty Body Reviews in the COVID-19 Context
ARCH signed open letter led by TB-Net drawing attention to COVID disruptions and urging UN to schedule State reviews no later than 2021.
…Respecting Rights
Respecting Rights is a project at ARCH that is led by self advocates labelled with intellectual disabilities.
…Paper – Law and Ordered C.H.A.O.S.: Social Science Methodology, and the Charter Claims of Persons with Disabilities
ARCH Co-Authors article published in a special issue of the National Journal of Constitutional Law focused on Social Science Evidence and the Charter, 2013. Citation: John David Lee, C. Tess Sheldon and Roberto Lattanzio, “Law and Ordered C.H.A.O.S.: Social Science Methodology, and the Charter Claims of Persons with Disabilities” (2013) 32 NJCL 1 at 61.
…Finding and Using Federal Accessibility Regulations
This fifth video explains where you can find federal regulations once they are made. It will tell you why these rules are important. It will also tell you when you might want to use them. It will tell you what you can do if a federal organization, company, or government office doesn’t follow accessibility rules.
…ARCH’s Summary of CRTC’s Accessibility Reporting Regulations
ARCH’s Summary of CRTC’s Accessibility Reporting Regulations
…Factsheet – The Convention on the Rights of Persons with Disabilities (CRPD) and the Optional Protocol
What is the Convention on the Rights of Persons with Disabilities (CRPD)? This Convention is an international agreement that promotes and protects human rights for persons with disabilities. It is often called the CRPD. The CRPD says that persons with disabilities have the right to be treated equally, make their own decisions, have their rights
…Accessibility Laws
Access ARCH’s extensive legal analysis and advocacy work on strengthening the proposed Accessible Canada Act.
…Case Summary and Analysis: Alford v. The Law Society of Upper Canada, 2018 ONSC 4269
A question of jurisdiction for challenging the authority of the LSO to require that all licensees create and abide by a Statement of Principles that acknowledges their obligation to promote equality, diversity, and inclusion.
…For Immediate Release – Accessibility for Ontarians with Disabilities Act Alliance, ARCH Disability Law Centre
NEWS RELEASE – FOR IMMEDIATE RELEASE On the International Day of Persons with Disabilities, 64 Organizations Call for Immediate Action to ensure all Patients including those with Disabilities will Not be Discriminated Against if COVID Surge Requires Rationing of Critical Medical Care December 3, 2020 Toronto: Today, to mark the International Day of Persons with
…ARCH and AODA Alliance submit Open Letter to government on the need for a non-discriminatory Clinical Triage Protocol
OPEN LETTER: Ontario’s COVID-19 Clinical Triage ProtocolDecember 3, 2020 To: Hon. Doug Ford, Premier of OntarioLegislative BuildingQueen’s ParkToronto, ON M7A 1A1Via email: premier@ontario.ca Hon. Christine Elliott, Deputy Premier and Minister of Health of OntarioCollege Park 5th Floor,777 Bay Street, Toronto, ON M7A 2J3Via email: Christine.elliott@ontario.ca Hon. Raymond Sung Joon Cho, Minister of Seniors and Accessibility
…Advocacy Toolkit – Advocating for Your Support Person or Attendant to be with You in Hospital During the COVID-19 Pandemic – PLAIN LANGUAGE VERSION
This is a plain language version of “COVID-19 Advocacy Tool Kit: Advocating for Your Support Person, Attendant or Communication Assistant to be with You in Hospital During the COVID-19 Pandemic”. This paper gives information about the law and tips. This information is for people with disabilities who need their support person or attendant to be
…Submission – Open Letter: Ontario’s COVID-19 Triage Protocol
April 8, 2020 Hon. Doug Ford, Premier of OntarioLegislative BuildingQueen’s ParkToronto, ON M7A 1A1 Hon. Christine Elliott, Deputy Premier and Minister of Health of OntarioCollege Park 5th Floor, 777 Bay Street, Toronto, ON M7A 2J3 Hon. Raymond Sung Joon Cho, Minister of Seniors and Accessibility of OntarioMinistry for Seniors and AccessibilityCollege Park, 5th Floor777 Bay Street,
…Case Summary and Analysis: Canada (Canadian Human Rights Commission) v. Canada (Attorney General) – over one year later
This post sets out the background of Matson and Andrews, and some of the concerns raised by persons with disabilities and other equity-seeking groups with respect to access to justice. It then highlights one case, Reed v Province of Nova Scotia (Department of Environment) (Reed), which applies Matson and Andrews in a way that does not operate as a complete bar to human rights challenges to the wording of a statute.
…Case Summary and Analysis: Suen v. Envirocon Environmental Services, ULC
The test for prima facie discrimination on the protected ground of family status – an overview of the current legal framework and a brief analysis of a recent BCCA decision.
…Legal Advice
ARCH provides a Summary Advice and Referral Service which is a free, confidential legal service directly to persons with disabilities from across Ontario on certain disability-related areas of law, including: Accessibility laws ARCH can offer summary legal advice and legal information about the Accessibility for Ontarians with Disabilities Act and the Accessible Canada Act as
…Canadian Human Rights Commission issues statement on MAiD
Canadian Human Rights Commission issues statement on MAiD
…Access to Justice for People with Disabilities & Litigation for Women and Girls with Disabilities in Canada – Inclusive Asia
Access to Justice for People with Disabilities & Litigation for Women and Girls with Disabilities in Canada – Inclusive Asia
…COVID-19 Health Care
February 14, 2022 Letter: Follow Up to Expanding Health Card Renewal Services to Persons with Disabilities January 26, 2022 Letter: Expanding Health Card Renewal Services to Persons with Disabilities October 22, 2021 Letter to Honourable Christine Elliott, Deputy Premier and Minister of Health of Ontario September 22, 2021 Letter to College of Physicians and Surgeons
…For Immediate Release: Ontario Superior Court Dismisses Appeal Seeking Disclosure of Employment Records of Non-Party with a Disability
For Immediate Release: Ontario Superior Court Dismisses Appeal Seeking Disclosure of Employment Records of Non-Party with a Disability
…Case Summary and Analysis: JL v Empower Simcoe, 2021 HRTO 222 – First decision about human rights during the COVID-19 pandemic
Case Summary and Analysis: JL v Empower Simcoe, 2021 HRTO 222 – First decision about human rights during the COVID-19 pandemic
…Accessible Practice: Meaningfully Accessing Administrative Boards and Tribunals
Practice tips to secure accommodations clients need and ensure that they can participate in the administrative process in a meaningful way.
…Case Summary and Analysis: Denial of Service Animal Benefit for self-trained service animal is not discriminatory
An analysis of the denial of OW and ODSP monthly Guide Dog Benefit to persons whose dog does not meet the specified training criteria, under a human rights perspective.
…Statement of Principles
Equality, Diversity and Inclusion 1. Purpose The purposes of this Statement of Principles are: to promote diversity in ARCH’s work environment and in the manner in which ARCH and all of its licensees engage with clients and the broader public; and to meet the requirements of the Law Society of Ontario Recommendation 3(1) which requires
…MEDIA ADVISORY – Council of Canadians with Disabilities Applauds Decision of the Supreme Court of Canada
MEDIA ADVISORY January 25, 2019 COUNCIL OF CANADIANS WITH DISABILITIES APPLAUDS DECISION OF THE SUPREME COURT OF CANADA Today, the Supreme Court of Canada (SCC) released a landmark decision in S.A. v. Metro Vancouver Housing Corporation. This case is of national
…Fact Sheet – Services and supports for people labelled with an intellectual disability
Adults labelled with intellectual disabilities may be able to get some services and supports through Developmental Services Ontario (DSO). The DSO is part of the Ministry of Children, Community and Social Services. The Ministry pays other agencies to give the services and supports. But the first step is to apply to the DSO. PDF and
…Test Case Litigation
Test case litigation
…What's New at ARCH
- Feb282024 Access to Justice Survey Access to Justice Survey... Read More ❯
- Jun062022 News Release & New Report – Disability Related Barriers to COVID-19 Vaccines: Highlights from the COVID-19 Vaccination Accessibility Survey 2021 FOR IMMEDIATE RELEASE Ottawa, June 6, 2022 – In celebration of Independent Living Day in Canada, Independent Living (IL) Canada... Read More ❯
- Apr292024 ARCH is Seeking Board Members ARCH is Seeking Board Members... Read More ❯
- Mar142024 Opinion piece about bringing fairness to police checks Opinion piece about bringing fairness to police checks... Read More ❯
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