ARCH: A LEGAL RESOURCE CENTRE FOR PERSONS WITH DISABILITIES

1997-1998 Annual Report

September 1998

40 Orchard View Blvd, Suite 255, Toronto, Ont. M4R 1B9
Telephone:  (416)‑482‑8255 (Voice) / (416)482‑1254 (TDD) / 
Fax: 416‑482‑2981
Internet e‑mail:  arch@indie.ca

Charitable Registration No. 0566877‑59

Table of Contents

1.	President’s report
2.	Treasurer’s report
3.	Executive director’s report
4.	Litigation report
5.	Law reform report
6.	Auditor’s report (distributed separately)
7.	Library and training report
8.	InfoAbility report

President’s Report

	It has been an extremely active year for the Board of Directors, committees and staff at ARCH.
	The year began with a Board/Staff Orientation which assisted new Board members to understand the role of the ARCH Board of Directors in the governance of ARCH and to better understand the active roles played by staff members at ARCH in all aspects of ARCH’s work. The Board and staff held a Retreat in February, 1998 with the goal of clarifying Board and staff roles, reviewing strategic objectives, setting priorities for action for the year and establishing a system which would enable the Board and staff to better work together to accomplish the organization’s goals and objectives. The Retreat was viewed as an opportunity to enhance communications and integrate systems, processes and the functions of the Board of Directors. It was an important step in the challenge for ARCH to bring people together as a unit to meet the challenges of growth. It was also viewed as an important turning point for ARCH as we began to address some of the big challenges including membership, Fundraising and the inclusion of InfoAbility in the organization.
	The Planning and Priorities Committee, with the leadership of Jane Atkey and Giselle Cole, continued the process of measuring ARCH’s performance on the year’s objectives and the implementation of organizational objectives over the course of the year.
	The Member Services Committee chaired by Janet Bick continued its work actively reviewing the relationship between ARCH and its member organizations in order to improve communications and to encourage the organizations to become more involved in the activities of ARCH. This process continues today but has already shown some good results. For the first time in my tenure as a Director for ARCH, nominations for vacant positions on the Board of Directors were received from member organizations in greater numbers than the positions available to be filled. This has assisted the Nominations Committee to ensure enhanced representativeness of our member organizations and I hope it will continue to promote greater member involvement in ARCH’s activities, especially at the Board and committee level.
	With the leadership of Giselle Cole and the Ethnoracial Aboriginal Outreach Committee, ARCH was able to secure a contract position for an employee to conduct Ethnoracial Aboriginal outreach on behalf of the organization and to develop multilingual pamphlets with respect to advocacy services that could be circulated in various communities which have been largely under‑represented by ARCH.
	ARCH is also fortunate to have the assistance of the Right Honourable Brian Dickson, former Chief Justice of Canada along with Bryan Finlay, Q.C., Chair of the ARCH Lawyers’ Campaign, who introduced the Dickson Circle, a circle of lawyers and law firms who have committed themselves to ongoing financial support to the organization as well as assistance to meet the overwhelming demand for quality test case litigation for which ARCH is renowned.
	In addition, this year saw the return of ARCH Awards Night which was extremely successful as a means to recognize contributions to disability rights advocacy by members of the community and as a fundraising event for ARCH. This is thanks in large part to the leadership of the Awards Night Chair and ARCH Director Phyllis Smith. Phyllis is to be congratulated for her hard work and continued dedication to ARCH.
	ARCH was also involved in the Legal Aid Plan’s Quality Assurance Program which examined the effectiveness of ARCH in meeting the needs of the disability community and the requirements of the Legal Aid Clinic system. While we continue to await the final report of the Quality Assurance Program, we are confident that it will demonstrate ARCH’s effectiveness in maintaining appropriate records and providing leadership at a Board and staff level that is a benefit to the disability community in Ontario as well as the clinic system.
	This year also saw the introduction of InfoAbility, an information and referral service to vulnerable adults in Ontario which is directed by ARCH, in partnership with the Ontario Network for the Prevention of Elder Abuse and the Adaptive Technology Resource Centre of the University of Toronto. This has contributed significantly to ARCH’s growth over the last year and to our ability to meet the information and referral needs of people with disabilities, seniors and individuals in Ethnoracial Aboriginal communities. This effort has been bolstered by a sizable donation of computer equipment by IBM Canada. It is hoped that continued community and corporate support will ensure the viability of the program and the quality of service which ARCH members have become accustomed to.
	The ARCH Board and staff set for itself at the beginning of this year some big challenges including the implementation of goals and objectives set by the disability community, enhanced member services, increased fundraising and inclusion of InfoAbility in the organization.
	The ARCH Board and staff have risen to these challenges by developing measures to enhance communications, integrate systems and bring our people together as an effective and coordinated unit to meet the challenges of growth. We continue to work to enhance member services and community participation in the development of ARCH’s goals and objectives; to enhance our service to members of Ethnoracial Aboriginal communities, groups which have typically been under‑represented by ARCH. We are also taking steps to enhance our fundraising efforts to add to the success of the Lawyers’ Campaign, Awards Night and the Nissan Run with new and innovative fundraising techniques. The goal of all of these efforts is of course, to ensure the most effective representation of the disability community in litigation and law reform efforts and to provide the greatest degree of public education and information and referral service that we are able to provide to the disability community and our member organizations.

	I wish to extend my thanks to all members of the Board of Directors and staff of ARCH who have worked so diligently to contribute to these efforts and who continue to take on more work and put forth significant effort to ensure quality representation and service to the disability community in Ontario.
	I would like to thank those Board members who will not be returning to the ARCH Board in this coming year, but whose efforts have been essential to ARCH’s past and ongoing success. I hope that I will have the opportunity to work with both the Honourable Ian Scott and Carol McGregor in the future to enhance the work of ARCH and the contribution we can make to people with disabilities across Ontario.

Treasurer’s Report

Ontario Legal Aid Plan

The deficit for the year of $26,501 is largely due to unbudgeted capital expenditures and legal disbursements which were funded by the plan in May 1998.

General Fund

This account includes fees, grants and donation which are not applied to a particular project. The deficit for the year of $46,810 results from a shortfall on ARCHTYPE subscriptions and fundraising. The fund balance $136,209 represents ARCH’s reserves for expenses which cannot be funded by a specific project. The continued decline in the reserves is a matter of concern. Special fundraising initiatives, such as the Dickson Circle, will hopefully reverse this trend.

InfoAbility

This project has generated a surplus over its first few months of operation. However it is expected that expenses will increase as the number of calls increase. Monthly fees payable under the contract reduce in the second year to reflect operating efficiencies and the separate billing of calls in excess of the agreed minimum.

Summary

ARCH’s finances are relatively healthy, however, continued attention needs to be paid to fundraising to ensure that its expanding activities can be continued.

Executive Director’s Report

	The past year has been the most successful and satisfying I can recall.

	Organizationally, we have conducted an unprecedented level of discussion between our volunteer leadership and our staff.  We have reviewed our goals and our performance to date in achieving them.  We are examining our management and salary structures.  We have undergone an externally administered quality assurance review.  We have demonstrated a commitment to carry through with priorities and methods that have served us well and yet to change and respond to new realities.

	InfoAbility has been steadily moving from dream to reality.  After some start up jitters, it has been encouraging to watch the staff respond to information inquiries from across the province with increasing confidence.  The Ministry of Citizenship's confidence in the project, reflected in its increase of our website resources, bodes well for the prospect of the service's renewal in November 1999 when our contract for the initial period will expire.

	The expansion of ARCH's intake resources and website, combined with the introduction of InfoAbility means information, advice and referrals are available like never before.  Additionally, we are now in an excellent position to identify gaps in services and glitches in programs as we deal with an ever increasing proportion of the province's citizens with disabilities.	
	The private bar has likewise demonstrated its support for ARCH.  The former Chief Justice of Canada, the Right Honourable Brian Dickson graciously agreed to lend both his name and his time to the establishment of the Dickson Circle.  Together with Circle chair Bryan Finlay, he has persuaded a group of Canada's outstanding litigators to volunteer their time and resources to advancing the legal rights of persons with disabilities.

	The Supreme Court of Canada's decision in Eldridge v British Columbia convinced any who might have been skeptical, that the Charter of Rights and Freedoms is a potent tool with which to remove the barriers excluding persons with disabilities.  The media's initial skepticism about the case's importance turned to shock as the reality set in.  The Globe and Mail for example, proclaimed the case ushered in the end of democracy as we have known it.  While its hyperbole was clearly unwarranted, it did awaken both members of the disabled community, and the public at large to the realization that democracy which tolerates discrimination cannot be tolerated.

	In the area of law reform, the work of the Income Maintenance Group can be credited with persuading the Ontario government that nothing was to be gained by plunging the poorest with the disabled community into deeper poverty.  The emergence of a province‑wide movement calling for the enactment of an Ontarians with Disabilities Act demonstrates the passionate commitment to barrier removal which exists in this province.

	Just a word about ARCH's people.  The Board has never been more actively involved in ARCH's affairs.  The achievements described above could not have been achieved without that involvement and the support provided by ARCH's 60 member organizations.  Our staff has expanded over the past year, but as these accomplishments demonstrate their quality has not been diluted.

	Looking forward, the government is about to introduce legislation which will fundamentally restructure the Ontario Legal Aid Plan.  ARCH is proud to be included amongst the community legal clinics serving the province. While indications are that the place of clinics will be secure within the new structure anything is possible.  It would be ironic if ARCH's finest year were to be its last.  The many expressions of support which ARCH has received as it enters this unsettling period indicates that whatever the perils ahead, the means will be found to carry on this work.

Litigation Report

	The past year has marked another exciting and busy period for ARCH’s litigation team. We have continued to pursue many cases promoting the equality rights of persons with disabilities.

	The most important development in disability rights law during the past year, and perhaps in the entire history of disability rights litigation, was the Supreme Court of Canada’s 1997 decision in Eldridge v. Attorney General of British Columbia. ARCH represented a coalition of intervenors in the appeal, including the Canadian Association of the Deaf, the Council of Canadians with Disabilities and the Canadian Hearing Society. The Court issued a unanimous decision affirming the rights of persons with disabilities, and in particular persons who are deaf, to equality in the provision of health services. 
	The Court held that the failure of the government to provide sign language interpreters to deaf persons so that they can effectively communicate with health care providers violates their equality rights under section 15 of the Charter. The case provides a clear and comprehensive analysis of equality rights principles as they apply in the context of disability. The Court stated that:

	For many hearing persons, the dominant perception of deafness is one of silence. This perception has perpetuated ignorance of the needs of deaf persons and has resulted in a society that is for the most part organized as though everyone can hear. Not surprisingly, therefore, the disadvantage experienced by deaf persons derives largely from barriers to communication with the hearing population.

	The Court concluded that section 15 requires government benefits, such as public health care, to be equally available without discrimination because of disability, and that positive steps must be taken to eliminate barriers to full participation in society. For persons who are deaf, this requires that sign language interpreters be provided to recipients of government funded health care services. The Eldridge case will have far reaching implications for all persons with disabilities as they seek accommodation and the removal of barriers.

	ARCH also has been involved in several other important cases over the past year. ARCH appeared before the Supreme Court of Canada in June, 1998, representing the Canadian Mental Health Association in R. v. LePage. That case dealt with the equality rights of persons with mental illnesses in the criminal justice system. It is hoped that a decision will be issued sometime this fall. ARCH also represented a group of complainants in negotiating a settlement with the Ontario Ministry of Health in a human rights complaint which alleged that the Assistive Devices Program (ADP) discriminated on the basis of age and disability. The case dealt with the mobility devices and incontinence supplies categories under the ADP. The Ministry of Health has entered into a settlement under which they must ensure that by January 1999, the ADP will not contain any criteria which directly or indirectly violate the Human Rights Code.

	ARCH continues to be involved in human rights complaints in the areas of education, employment, and transportation. ARCH also is representing five applicants in a Charter challenge to the restrictions on eligibility for WheelTrans services in the City of Toronto. The case will be heard this fall, and will mark a major decision in the area of transportation rights for persons with disabilities. Finally, ARCH continues to represent clients in the immigration area, challenging the provisions in the federal Immigration Act, which excludes many persons with disabilities from Canada.

	Looking toward the future, ARCH is preparing to represent intervenors in two major equality rights cases which will be heard by the Supreme Court of Canada in the coming year. One involves the interpretation of section 15(2) of the Charter, which protects affirmative action programs from allegations of discrimination by advantaged groups. The case has important implications for persons with disabilities, because section 15(2) protects programs which have been designed to relieve the disadvantage faced by particular groups in our society. The Court’s interpretation of s.15(2) will have great significance for the equality rights of persons with disabilities. 
	On the staffing front, Jennifer August has joined ARCH’s litigation staff as our new Junior Litigation lawyer. Jennifer is joining our team at a very exciting time, and we look forward to continuing our work promoting the equality rights of persons with disabilities in the year to come.

Law Reform Report

	This year has seen the rapid expansion of three major initiatives in the area of Law Reform.

Ontarians With Disabilities Act
	In 1995 the Premier promised the Ontarians with Disabilities Act Committee that he would work with them to introduce and pass an Ontarians with Disabilities Act in his government’s first term. ARCH has acted as counsel to this Committee since its inception. For the past two‑and‑one‑half years the ODA Committee has been increasing the profile of the ODA and working to develop a strong, broad‑based network of people with disabilities throughout the province. This summer, the Government finally released a discussion paper for consultation and announced it would be introducing legislation this fall. We have played an important role in our role as counsel to the ODA Committee throughout this period, most recently by working with the Committee to prepare its submissions to the Government. The next six months is critical as we assist the Committee in responding to any legislation that is tabled.

Social Assistance Reform
	In June, 1998, the Ontario Disability Support Program Act (ODSPA) was declared in force by the Provincial Government. ODSPA, together with the Ontario Works Act (OWA) and transitional provisions, are the major components of the Social Assistance Reform Act, which replaced the former Family Benefits Act, General Welfare Assistance Act and Vocational Rehabilitation Services Act. ARCH had served the Income Maintenance Group (IMG), a disability coalition, as legal counsel for over a decade, as the IMG participated in the analysis of social assistance reform proposals by successive governments. While the IMG unfortunately ended its activities in 1997, many of its proposals and ideas were reflected in the debate regarding ODSPA and in its eventual provisions. ARCH remains active in developing informational materials regarding ODSPA and in participating in public legal education events about it. ARCH works co‑operatively with a range of disability and social policy organizations on social assistance and employment supports issues, and is an active member of the provincial legal clinics’ Steering Committee on Social Assistance.  It should be noted that despite the fact that he was officially on sabbatical, Harry Beatty played an instrumental role throughout the law reform and education process.

Disability Income, Supports And Services Project (Council Of Canadians With Disabilities)

	Last January Harry Beatty began a six‑month sabbatical so that he could focus his attention on important law reform issues.  During this sabbatical Harry Beatty conducted research for CCD’s Disability Income, Supports and Services project, funded by Human Resources Development Canada. CCD’s activities and the research provided resulted in three reports:

•	the results of a CCD consultation on the major disability income, supports and services issues, held June 5‑6 in Winnipeg

•	a comparison of the disability‑specific social assistance programs in British Columbia, Alberta and Ontario

•	four case studies showing comparative entitlements in six provinces.

	CCD has asked Harry to continue his research in this area, as the organization prepares for the federal/provincial/territorial “In Unison” consultations tentatively scheduled for this fall, as part of the social policy initiatives undertaken by both levels of government. 

Health Care Reform and People With Disabilities

	This year saw the formal creation of the Health Reform Working Group, a Committee of the Council of Canadians with Disabilities. ARCH acts as counsel to this group, providing assistance in the area of law reform and policy analysis. The Working Group has been focusing primarily on national issues including home care policy and the implementation of the Supreme Court of Canada decision in B.C. v. Eldridge which was described in the litigation report. ARCH has participated, on behalf of the Working Group in national consultation meetings dealing with Home Care, Quality of Care and the relationship between the federal Department of Health and voluntary sector groups working in the area of health care.

	On the Provincial level, we are still providing support to a provincial working group attempting to create a province‑wide cross‑disability Committee on Health and Disability. During the past year this group focused its initial efforts on trying to move the provincial government forward on its implementation of the decision in Eldridge. 

Library and Training

Library	

The library has undergone a dramatic face change this year. With the retirement of Liz Anderson in the early fall of 1997 the library which she had lovingly mothered for several years was placed in the hands of John Plater, the new Co‑ordinator of Legal Research, and William Land, Library Resource Technician. Both John and William started in January of 1998 and were immediately faced with cataloguing and shelving the mass of information that had come into the office since Liz’s departure. They have both learned quickly that “Rome wasnt built in a day.”

	The collection is continuing to grow both through purchases and donations. Public usage continues at a regular 4 to 5 visits per month although a marked increase is observed during the final weeks of school when papers are being generated by students. Phone requests for information seem to follow in a similar fashion. In the future an effort will be made to start tracking this usage more systematically for planning purposes.

	John and Bill have developed a comprehensive plan for updating the catalogue system for the library. The basic structure and system will be kept with minor tuning but the expectation is to make searching more efficient and user friendly by improving computer cataloguing and instituting more formal guidelines for library operations. Bill spends 30% of his time at ARCH, the rest being devoted to the InfoAbility Resource Centre.

	The ARCH Library Bulletin is being produced every two weeks to keep people in house appraised of new acquisitions.

	Liz did a wonderful job of organizing the library subject files before she left. John and Bill have ambitious plans to continue this process. Student volunteers are assisting with updates to the material and the hope is to eventually catalogue all this material on computer for easy searching.

	A final issue that has received attention this spring is electronic case research. High cost has hindered ARCH from signing up with a legal research database in the past. The trade off has been a lot of trips to the law libraries to use the text method of searching, a time consuming process. The efficiency to be gained from access to an electronic service in the office is starting to outweigh the cost and serious consideration has been given to signing up.  This is currently under review by an internal committee which hopes to make a recommendation about future directions early this winter.

Training

	The 1997/1998 ARCH year has involved an exciting new service that grew out of the InfoAbility project. As part of the operations plan for InfoAbility, ARCH agreed to provide training to InfoAbility Information Officers on topics relevant to their information and referral role with vulnerable adults. This opportunity has been expanded to include ARCH staff and participants from community groups. Notices of training sessions have been sent out to member group representatives and to groups identified through the Ethnoracial Aboriginal Outreach Project. 
	An initial week long session held in the fall of 1997 focus on basic information ranging from social assistance and income maintenance programs, health issues and programs, and the legal system, amongst others. These basic sessions were followed during the rest of the year by several half day advanced training sessions focusing on topics in depth with problem solving activities for participants. Topics have included income programs, mental health legislation, the Public Guardian and Trustee’s Office, responding to suicidal clients, and identifying abuse situations. Planned for the coming months are sessions on emergency housing, police services, immigration and refugee issues, and the legal system and its use to advance people’s rights and resolve their concerns.

	Feedback has been positive and attendance from external groups has been averaging between 10 and 20, a good number when combined with the in‑house staff. People have been particularly happy about the emphasis on group problem solving opportunities. This allows the “front‑line” workers to share experience and learn from each other ‑ useful when combined with excellent training provided from top notch speakers.

	To test the format and encourage participation, the sessions have been provided for free or on a cost recovery basis. This will continue for the short term as we work out bugs and build up a market. Eventually the sessions could become a source of income but we must continue to appreciate the importance of making the opportunity available to all organizations regardless of financial situation.

InfoAbility Report

	InfoAbility is one year old! During this past year the service has moved from a proposal on paper to a fully operational program of ARCH - providing a voice, and a choice, for vulnerable adults and their caregivers. It has been a very busy year for the staff at InfoAbility and we would like to share our successes with you. 

Staff
	Steve Owens, Project Manager has overall responsibility for the delivery of the service. Agnes Vandergang, Assistant Manager, combines database management with supervision of the Call Centre. Four Information and Referral Officers, Victoria, Kelly, Sarah, and Allison provide assistance over the phone, using the extensive database and the Internet.
	William Land fills the role of Resource Technician and part‑time ARCH librarian, while Wendy Porch is Coordinator of the website/electronic clearinghouse. Yvonne Burgess advises the project on seniors issues.

Calls
	InfoAbility began taking calls on November 7th, 1998, undertaking a “slow growth” process during the first year. Over 3,000 calls have been handled during this period. Information and Referral Officers have dealt with a broad spectrum of calls, ranging from simple request for information to the complex and difficult calls, including reports of abuse.

Website
	A first generation web site (at www.infoability.org) is hosted by the Adaptive Technology Resource Centre (ATRC) at the University of Toronto. Wendy Porch is working in conjunction with ATRC to further develop the site into a practical tool for a variety of users. Our target date to launch this version of the site is January 1, 1999.

Advisory Committee
	The Advisory Committee for InfoAbility (see attached list) has met on several occasions, and is currently assisting staff with planning an information gathering/marketing lunch scheduled for October. We appreciate the time and effort that members of the Advisory Committee have committed to InfoAbility. 

Partners and Sponsors
	Jutta Treviranus, Laurie Harrison, and Kevin Nguyen from the Adaptive Technology Resource Centre established the web site, and continue to work with Wendy Porch providing leading edge website support.
	The Ontario Network for the Prevention of Elder Abuse has been of great assistance in providing training and support for our Information and Referral Officers. Working with Elizabeth Podnieks, Denise Koster, and Brent Downey, has provided InfoAbility with up‑to‑date knowledge in the area of seniors in general, and elder abuse in particular.
	The generous donation of $80,000 in technology by IBM Canada Ltd. has enabled InfoAbility to deliver high quality information within tight time constraints.

The Future	
	In the coming year, InfoAbility will continue to enhance its service to vulnerable adults across the province, reporting on the issues of concern to this population, building partnerships with like‑minded organizations, and incorporating the results of the evaluation of InfoAbility’s services into future planning.