ARCH’s Newsletter on Disability 
and Law in Ontario
Inside This Issue 

ARCH News and Updates
Teresa Daw Student Internship
ARCH at the Federal Court of Appeal Arguing for Accessible Air Travel
Service de conseils juridiques sommaires et références d’ARCH
ARCH’s Summary Advice and Referral Service
Fighting the Exclusions of Students with Disabilities in Schools
ARCH’s Summary Advice and Referral Service and Decision-Making Rights
New Service for Clients: ARCH’s Disability Law Intensive Program’s Student Clinics
Court Highlights Importance of Accommodating Disabled Litigants
Update on Specialized Transportation in Ontario
ARCH and Respecting Rights at the 17th Conference of States Parties to the Convention on the Rights of Persons with Disabilities (CoSP17)
Coroner’s Inquest – Sammy Yatim
Library Corner
The Parallel Report to the UN Committee on the Convention on the Rights of Persons with Disabilities

ARCH News and Updates
Original newsletter has a photo of a newspaper that says "What's New?"
What a busy year this has been! We are thrilled to be back with our latest edition of ARCH Alert in celebration of the United Nations International Day of Persons with Disabilities (IDPD)! 
So much has been happening at ARCH over the last year, and we hope that this edition of the ARCH Alert provides you with some insight into our work, such as our launch of two student-led clinics, law reform efforts on specialized transit services, and one of our cases that was recently before the Federal Court of Appeal. 
Please note our new release schedule for the ARCH Alert moving forward. The ARCH Alert is now an e-newsletter and will be released in June and December of each year, celebrating and commemorating both the National AccessAbility Week (NAAW), and the International Day of Persons with Disabilities.  
The United Nations International Day of Persons with Disabilities
The theme for this year’s IDPD is “Amplifying the leadership of persons with disabilities for an inclusive and sustainable future". So much of the work ARCH does aligns with this theme of capacity building and fostering and amplifying leadership amongst our communities, from our Respecting Rights project, to our work on the Civil Society Parallel Report to the United Nations. We encourage everyone to attend events celebrating the IDPD, and the milestones our communities have already achieved. ARCH will continue to work towards amplifying the leadership of persons with disabilities, and empowering our communities to build towards a fully inclusive future. 
The Loss of a Champion for Inclusive Education 
As we reported to our communities, we tragically lost a true champion for inclusion, Emily Victoria Eaton. On April 13, 2024, at only 40 years of age, Emily passed away surrounded by her loving family and friends after her battle with cancer. Emily’s story of courage, bravery, and tenacity through her fight for equality and inclusion in education inspired countless of people to challenge discriminatory barriers and strive for full inclusion. ARCH was honoured and privileged to have been Emily’s lawyer throughout her fight, from the Special Education Tribunal all the way to the seminal decision by the Supreme Court of Canada. We now face a future without Emily’s presence, although her memory will always be a driving force in the work we do towards ensuring inclusive education for all students with disabilities across Ontario. 

ARCH’s New Strategic Plan, Website, and Logo
ARCH is just about ready to launch our new and improved website! In anticipation of our 45th Anniversary, ARCH has also launched a new logo, and new and updated materials. To expand our connections with our diverse communities, we have also launched new social media platforms in addition to Facebook, X, and Youtube: Instagram, TikTok, and Bluesky! ARCH has also approved its new Strategic Plan for 2024 to 2029, which will shape our work moving forward over the next five years. 
We hope you enjoy this edition of ARCH Alert. We are excited to learn where our work takes us over the next 5 years with our new Strategic direction, and look forward to working with disability communities, our members, and our community partners, to dismantle barriers for persons with disabilities.  We wish you all a happy holiday season, and a Happy New Year in 2025! 
 
Teresa Daw Student Internship
By: Jessica Field, Community Outreach and Education Coordinator
Original newsletter has a photo of Teresa Daw standing at a podium, clapping her hands and smiling
Call for Applications 
ARCH Disability Law Centre is excited to announce its call for applications for the inaugural Teresa Daw Student Internship for a paid, full-time, two-month summer placement from May to June 2025.  
Applications are due January 31, 2025. For more information and to apply for the Internship, please use the following link: The Teresa Daw Internship. (https://archdisabilitylaw.ca/the-teresa-daw-internship/)
The Objectives of the Teresa Daw Student Internship 
The Internship will be awarded to the student who meets the goals and requirements set out as part of the Internship, and demonstrates a strong commitment to social justice and in particular, to an important issue in their community that raises legal concerns to be addressed. 

Eligibility 
ARCH seeks students who exemplify Teresa Daw’s unwavering commitment to advancing full inclusion of persons with disabilities and social justice by demonstrating a passionate interest in supporting their communities and seeking positive change.
To be eligible for the Teresa Daw Internship, participants must:
•	Identify as Indigenous (First Nations, Metis, or Inuit) living in Canada; 
•	be enrolled in a law school in Ontario; and
•	fulfill the application requirements as set out on our website in the Call for Applications: ARCH Disability Law Centre’s Teresa Daw Student Internship 
This internship was made possible by the Teresa Daw Legacy Fund, which was generously bequeathed to ARCH by our past Board President, Teresa Daw. 
For more information about Teresa Daw, the Teresa Daw Student Internship, objectives, eligibility and the recruitment and selection process visit our website: The Teresa Daw Internship. (https://archdisabilitylaw.ca/the-teresa-daw-internship/)
 
ARCH at the Federal Court of Appeal Arguing for Accessible Air Travel
By: Ilinca Stefan, Staff Lawyer
Original newsletter has a sketch of ARCH lawyer speaking in front of a panel of judges. Image by: Susan Bin
On November 26 2024, ARCH argued a case at the Federal Court of Appeal against Air Canada, about accessible air travel transportation. ARCH represented Tim Rose in this important appeal hearing, which will decide Air Canada’s duty to accommodate persons with disabilities using mobility devices. ARCH’s legal team included Lesli Bisgould, Barrister at Legal Aid Ontario’s Clinic Resource Office.
The hearing was an appeal of the 2023 decision of the Canadian Transportation Agency (“the Agency”), Rose v Air Canada. ARCH argued that Air Canada, who had denied Mr. Rose access to multiple trans-border flights due to the size of his mobility device, had the duty to accommodate him to the point of undue hardship. The Agency ultimately agreed and awarded systemic remedies that address situations where passengers who use power wheelchairs that cannot be collapsed to fit through an aircraft’s cargo door. The Agency ordered that Air Canada must find an accessible flight or an accessible aircraft for that route. Air Canada must also specifically address accessibility for persons who use power wheelchairs in its updated accessibility plan under the Accessible Canada Act. This decision is available in the Agency’s online database at: Decision No. 123-AT-A-2023 | Canadian Transportation Agency (otc-cta.gc.ca) (https://otc-cta.gc.ca/eng/ruling/123-AT-A-2023).
In December 2023, Air Canada appealed this decision to the Federal Court of Appeal. Due to this appeal’s broad impact on federal human rights, some organizations participated as interveners at the hearing: the Canadian Human Rights Commission, as well as a coalition of the Canadian Association of the Deaf and the Council of Canadians with Disabilities. 
The Federal Court of Appeal is currently considering this matter and a decision is pending. ARCH will provide updates when a decision is released. 
If you reside in Ontario and have encountered disability-related barriers with transportation within Ontario, and would like free confidential legal advice, please feel free to reach out to ARCH’s Summary Advice and Referral Service at:
Tel: (416) 482-8255 or toll-free 1-866-482-2724 ext. 0 
TTY: 416-482-1254 and TTY toll-free: 1-866-482-2728
If you cannot contact us via telephone, and require disability-related communication accommodations, you can email ARCH at: intake@arch.clcj.ca
 
Service de conseils juridiques sommaires et références d’ARCH
Original newsletter has a photo of a lawyer and client reviewing paperwork
Saviez-vous que nous offrons des conseils juridiques sommaires gratuits et confidentiels dans certains domaines de droits? ARCH offre ce service directement aux personnes handicapées en Ontario. Ce service est offert en anglais et en français.  
Nous offrons des conseils juridiques sommaires dans les domaines suivants : 
•	Accessibilité 
•	Services aux personnes ayant une déficience intellectuelle
•	Soins à domicile/services auxiliaires
•	Transport/transport adapté
•	Droits de la personne (certains domaines)
•	Mesures d’adaptation en milieu de travail (non syndiqués)
•	Éducation primaire/secondaire
•	Études postsecondaires 
•	Chiens-guides/animaux d’assistance
•	Prise de décision assistée
•	Tuteur et curateur public 
•	Suppression de la tutelle
•	Révocation des procurations
Si vous êtes une personne handicapée en Ontario et avez besoin d’un conseil juridique dans un des domaines cités ci-haut, vous pouvez nous contacter du mardi au vendredi, entre 9h00 et 17h00 : 
Téléphone : 416-482-8255 / 1-866-482-2724 ex 0
ATS : 416-482-1254 / 1-866-482-2728
Si vous ne pouvez pas nous contacter par téléphone en raison de votre handicap, vous pouvez nous envoyer un courriel à: intake@arch.clcj.ca. S’il-vous-plait inclure votre prénom et nom de famille dans votre courriel.
ARCH’s Summary Advice and Referral Service
Did you know that we offer free and confidential summary legal advice in some disability-related areas of law? ARCH offers this service directly to persons with disabilities in Ontario. This service is offered in English and in French. 
We provide summary legal advice in the following areas of law:
•	Accessibility 
•	Developmental services
•	Homecare/attendant services
•	Transportation/para-transit
•	Human rights (select areas)
•	Accommodation in the workplace (non-unionized)
•	Primary/secondary education
•	Post-secondary education 
•	Guide dogs/service animals
•	Supported decision-making
•	Public Guardian and Trustee 
•	Removing guardianship
•	Revoking powers of attorney
If you are a person with a disability in Ontario and need legal advice in any of the above areas of law, please contact us on Tuesday, Wednesday, Thursday, or Friday, between 9:00AM and 5:00PM: 
Telephone: 416-482-8255 / 1-866-482-2724 ex 0
TTY: 416-482-1254 / 1-866-482-2728
If you cannot contact us by telephone due to disability-related reasons, you can email us at: intake@arch.clcj.ca. Please include your first and last name in your email.  
 
Fighting the Exclusions of Students with Disabilities in Schools 
By: Lila Refaie, Bilingual Staff Lawyer
Original newsletter has a photo of a classroom with desks and chairs and a white board at the front.
Amongst the most significant issues ARCH has been addressing in recent years, is the unlawful use of the Education Act, and section 265(1)(m) in particular, to exclude students with disabilities from school. School boards across Ontario have been using this section of the Education Act to exclude students, for disability-related reasons and behaviours. 
What is an exclusion?
Ontario’s Education Act gives a school principal the power to exclude a person from school if they believe this person’s presence in the school would physically or mentally harm other students at the school. This power comes from section 265(1)(m) of the Education Act. The law says any person can be excluded from a school. 
When someone is excluded, it means that they cannot go to the school for any reason until the exclusion period has ended or the decision to exclude has been reversed. There is no time limit as to how long an exclusion can last. A person could be excluded for days, weeks, or months. Generally, the school principal imposes conditions which the student must fulfill before they can come back to school. This could include requiring the student to be assessed by a professional regarding their disability-related behaviour and needs. 
An exclusion is not supposed to be used as a disciplinary measure. In other words, an exclusion should not be a punishment for something a student did or didn’t do. However, based on our casework and experience, a principal will often exclude a student with a disability following an “incident” at school. This “incident” usually happens because of the student’s disability-related behaviour or because the student is not properly accommodated. As there are no safeguards or maximum timeframes for how long the exclusion lasts, the student with a disability could lose months of their education as a result. 
There are other situations where a student can be partially excluded from school. These situations are not directly described as official exclusions, but they can have the same effect or can lead to an official exclusion. For example, a student with a disability can be told to stay home for the day because of a staff shortage. Another example of a partial exclusion is when the school principal shortens a student’s day instead of providing proper accommodations, or because the principal is concerned about safety if the student is at school for a full day. 
What can you do if there is a decision to exclude a student with a disability?
While the law gives the principal the power to exclude a student with a disability because of safety concerns, the parents of that student, or the student themselves when possible, have the right to appeal the decision to the school board. An appeal is when someone disagrees with a decision and they want to argue against it. In other words, if you disagree with the decision, you can write to your school board, explain why you disagree with the decision and ask the school board to reverse the decision. 
Each school board has their own specific process on how to appeal an exclusion decision. Some school boards have a policy that describes their process, others do not. Whether the school board has a written policy or not, there is still a right to appeal a decision to exclude a student. When such policy exists, it would describe the procedure a person has to follow if they want to appeal a decision to exclude. The policy could include the deadline to send a letter of appeal to the school board, whether or not there will be a hearing in person, who will hear the appeal, and when to send your evidence. A school board’s policy may include all or some of these points. 
If you receive a decision to exclude from the principal, it is best to ask about the process to appeal the decision as soon as possible. Some school boards have decided that these appeals would be decided after an oral hearing in front of the trustees, while others have decided that their appeal process would only be in writing.
After an appeal of the decision to exclude a student, the school board could decide to either confirm the decision to exclude, or reverse the decision. In other words, the school board could agree with the principal and say that the decision to exclude was the right decision. Or, the school board could agree with the parent or student and say that the school was wrong to exclude the student. 
If you are a student who has been excluded or partially excluded, or a parent of a child with a disability that has been excluded or partially excluded from school, please contact ARCH Disability Law Centre to speak with an ARCH lawyer about your matter at:
Tel: (416) 482-8255 or toll-free 1-866-482-2724 ext. 0 
TTY: 416-482-1254 and TTY toll-free: 1-866-482-2728
If you cannot contact us via telephone, and require disability-related communication accommodations, you can email ARCH at: intake@arch.clcj.ca  
 
ARCH’s Summary Advice and Referral Service and Decision-Making Rights
By: Graciela Flores Méndez, Staff Lawyer 
Original newsletter has a photo of a lawyer and client reviewing paperwork.
The right to make decisions about our life is often taken for granted by many adults. We make decisions—both big and small—every day. As soon as we become adults, it is generally understood that we are free to decide things like where we live, how we spend our money, the type of relationships we keep, and when we seek medical treatment.  This idea is also upheld in law. In Ontario, people over the age of eighteen (18) are presumed to have the mental capacity to enter into a contract and are similarly presumed to have the capacity to make decisions about their personal care at the age of sixteen (16). But what happens when your decision-making rights are threatened or removed due to your disability? 
ARCH provides advice to individuals who have been determined to be incapable after a capacity assessment, and have been placed under a “guardianship of property” or a “guardianship of the person” and wish to know how to get out of it. A “guardian of property” is a person or trust corporation that makes financial decisions on behalf of another adult after being appointed by either a court, or by the Office of the Public Guardian and Trustee. 
A “guardian of the person,” on the other hand, is someone appointed by a court to make personal care decisions (including decisions about health care, nutrition, where you live, clothing, hygiene, and safety) on behalf of an adult found to be incapable of making those decisions. Once put in place, guardianship is difficult to end, and the process to end a guardianship order depends on your circumstances. Therefore, it is very important to get legal advice as soon as possible. 
Adults with disabilities that are concerned about the protection of their decision-making rights can be proactive and call ARCH to get advice about how to create powers of attorney while they are capable, or if one is already in effect, how to end it.  Continuing powers of attorney for property and personal care are important tools for people who want to plan ahead for unknown circumstances where they may lose their capacity to make decisions for themselves. The major difference between a power of attorney and guardianship is the person with a disability’s ability to choose. When creating a power of attorney, a person can choose who would make decisions on their behalf if it becomes necessary, can place specific conditions or restrictions about what actions the attorney could take, and can distinctly outline their wishes, especially regarding personal care decisions. Importantly, a power of attorney can be revoked easily at any time, as long as there is no question about the person’s mental capacity. 
It is important for people with disabilities to understand that as soon as a guardianship order or a continuing power of attorney becomes active, they no longer have the right to make their own financial or personal care choices, depending on what the document says.  Often, these documents allow another person or organization to make decisions on your behalf as soon as they are signed. 
If you have questions about your decision-making rights, or need advice regarding issues like guardianship or powers of attorney, you can contact ARCH’s Summary Advice and Referral Service at:
Telephone: 416-482-8255 or toll-free: 1-866-482-2724 ext. 0
TTY: 416-482-1254 or toll-free: 1-866-482-2728 
If you need disability-related accommodations and cannot reach out to us by phone, you can email us at intake@arch.clcj.ca. 

New Service for Clients: ARCH’s Disability Law Intensive Program’s Student Clinics
By: Lila Refaie, Bilingual Staff Lawyer
Original letter has a photo of people sitting at a table together reading books and smiling.
In partnership with Osgoode Hall Law School, ARCH runs a student program called the Disability Law Intensive. Through this program, Osgoode Hall Law School students work at ARCH with our lawyers on various cases and projects, from September to March each year. This year, we launched two student-led clinics to provide direct legal services to persons with disabilities in two specific areas of law. For both clinics, our law students are supervised by an ARCH lawyer and assist eligible clients with their legal issue within the area of law. 
The first student-led clinic is the Human Rights Clinic. The focus of this clinic is on human rights cases at the Human Rights Tribunal of Ontario. Our law students can assist eligible clients with either drafting their human rights application, or with drafting their Reply form. The service from this clinic is limited only to drafting either an Application or a Reply for the client, and does not include legal representation in the case. Among other eligibility criteria, this service is available only for human rights cases that are within the areas of law practiced by ARCH. Contact us for more information about eligibility. 
The second student-led clinic is the Education Exclusion Clinic. This clinic is focused on assisting students with disabilities who have been excluded from primary or secondary school under section 265(1)(m) of the Education Act. Our law students can assist eligible students in appealing a decision that excludes them from school. Contact us for more information about eligibility. 
For more information about these clinics, or to access our legal services, please contact ARCH at:
Tel: (416) 482-8255 or toll-free 1-866-482-2724 ext. 0 
TTY: 416-482-1254 and TTY toll-free: 1-866-482-2728
If you cannot contact us via telephone, and require disability-related communication accommodations, you can email ARCH at: intake@arch.clcj.ca

Court Highlights Importance of Accommodating Disabled Litigants
By: Devin Glim, Articling Student 
Original newsletter has a photo of a gavel, books and a law weight.
On July 7, 2023, the Federal Court of Appeal (FCA) released a decision which highlighted the importance of procedural accommodations, and accommodating litigants with disabilities. The case, Haynes v. Canada (Attorney General), is an appeal of a judicial review application within the employment context decided by the Federal Court.  The appellant, Mr. Haynes, also claimed that his accommodation requests throughout the case were denied by the Federal Court, leading to an unfair proceeding.
Mr. Haynes is a software developer for Employment and Social Development Canada (ESDC), and is also a person with Autism. In 2016, Mr. Haynes approached his supervisors and disclosed that he had a disability and required workplace accommodations. Several months passed with no response to Mr. Haynes’ accommodation request, which led Mr. Haynes to file multiple complaints under ESDC’s harassment policy for discrimination due to a failure to accommodate. An independent investigation took place but failed to substantiate Mr. Haynes’ complaints, leading to the Designated Official at ESDC to dismiss his claims. Mr. Haynes then filed an application for a judicial review of this finding at the Federal Court. 
Mr. Haynes sought multiple accommodations to participate in the Federal Court trial process. Due to his disability-related needs, Mr. Haynes requested extra time to make his submissions, as well as clear communication from the Justices and court staff. Despite these requests, the Federal Court decided to not provide the accommodations, and subsequently dismissed the judicial review, leading to Mr. Haynes seeking leave to appeal at the FCA. While the FCA dismissed the appeal, it did acknowledge how the lack of accommodations impacted Mr. Haynes, and thoroughly outlined the steps that it took to ensure that Mr. Haynes was provided a procedurally fair and accessible appeal process.
Haynes is a significant case in that it serves as a reminder that courts and tribunals have a duty to ensure that persons with disabilities have equal access to justice. This duty includes the provision of individualized disability-related accommodations.
While the appeal itself was dismissed, this decision provides a strong precedent for the notion that “procedural fairness” is only possible if a litigant’s disability-related needs are taken into account from the beginning.

Accommodations are a necessity, not a woke trend or advantage
As Justice Mactarvish succinctly put it, the principles of accommodating disabled litigants “have nothing to do with political correctness or wokeness.” Too often, members of the disability community are faced with dismissive attitudes towards their accommodation needs. When these attitudes arise, it can be disheartening, humiliating, and harmful to a person’s physical and mental well-being. We must remember that the need for accommodations in every facet of life transcends politics. As Mactarvish further notes, accommodations “are about something far more fundamental, far more enduring, far more essential. They are about making our fellow human beings feel included, welcome and empowered in one of the most fundamental institutions of our democratic state.” These words emphasize the role that courts play in shaping Canadian values, and highlight the standard that they must set with regard to inclusion and accessibility.
The Haynes decision affirms not only the importance of accommodations in the court room, but also the importance of tailoring accommodations to the individual rather than taking a one-size-fits-all approach.
Accessibility should be a collaborative process
The collaborative efforts between both parties, the Justices, and all Federal Court of Appeal staff to ensure that Mr. Haynes’ accommodation needs were met were referenced throughout the Haynes decision. Both prior to, and during the hearing, everyone involved worked together to ensure that any barriers were mitigated, and that Mr. Haynes was able to make his submissions in a procedurally fair manner.
Prior to the hearing, Court staff made a number of adjustments “to avoid disruptive and distracting noises during the hearing by modifying recording and sound equipment to avoid auditory distractions.” This was done on their own initiative, and shows how social and disability awareness can be an immeasurable asset when implementing accessibility measures. 
Additionally, the panel “assigned to the appeal reviewed information relating to autism in advance of the hearing [in order to educate themselves] as to how to best ensure that Mr. Haynes received the fair hearing to which he was entitled.” This is important to note because the onus is often placed on the person with the disability to educate others.
Overall, the Haynes decision shows how accessibility and accommodation processes should work. It is an example that all public services should look to emulate.
Moving Forward
Neurodiverse individuals, and people with disabilities in general, continue to encounter barriers to accessing the Canadian justice system. Pursuant to the Convention on the Rights of Persons with Disabilities, Canada is obligated to ensure that people with disabilities have effective access to justice “on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.” While there is a long way to go, the Haynes decision is a significant step forward in the fight for meaningful access to justice for disabled litigants. 
 
Update on Specialized Transportation in Ontario
By: Gabriel Reznick, Staff Lawyer
Original newsletter has a photo of a TTC streetcar.
Ontario has undergone a transformation of its transportation system over the past few years. This transformation was triggered by the passage of the Accessibility for Ontarians With Disabilities Act (AODA) in 2005, and the implementation of the Integrated Accessibility Standards relating to transportation in 2017. The Standards introduced several changes to the conventional transportation system and the specialized transportation system. The purpose of these standards was to make transportation services in Ontario more accessible to persons with disabilities, ensuring equal access to transportation. 
Changes introduced following the AODA Standards
The Integrated Standards changed both the conventional and specialized transportation system. The Standards specify that conventional transportation vehicles must undergo modifications to make them accessible. These modifications include having lifting devices, ramps, or portable bridge plates to ensure persons with mobility devices can access conventional buses. Despite modifications being made to conventional transportation vehicles, the system continues to be inaccessible. For example, there remains a number of subway stations in Toronto that do not have an elevator. In addition, transfers between modes of transportation, for example a bus to a subway, can be challenging for people. Because of the inaccessible aspects of conventional transit, specialized transportation is still a necessary service. 
These Standards also changed specialized transportation, with the introduction of new eligibility categories. These eligibility categories are unconditional, conditional, and temporary. To learn more about these eligibility categories you can watch ARCH’s video series (https://archdisabilitylaw.ca/wheel-trans-videos). “Unconditional” means that a person has access to specialized transportation. This category is meant for persons who cannot use conventional transportation. “Conditional” means that a person has access to specialized transportation some of the time, and is meant for persons who occasionally experience barriers to accessing conventional transportation, such as being unable to travel on conventional transportation during rush hour. “Temporary” eligibility is given to persons who require specialized transportation for a specific duration of time, such as during recovery following surgery. Despite the Standards defining what each category means, we have seen municipalities take these definitions and alter them, with the effect of not finding persons eligible for unconditional services. Unfortunately, the implementation of these new categories has led to many persons with disabilities no longer allowed to access specialized transportation services, and many who have seen limits put on their access. 
Integrated Transportation
The implementation of the AODA Regulation Standards led many municipalities to create an integrated model of transportation. This integrated model is being favoured by transportation providers, to remove the costs of door-to-door direct travel, as well as to demonstrate the accessibility of the conventional transportation system. In this model, persons use both specialized transportation buses and conventional transportation vehicles, as part of a single journey. In Toronto, this model is referred to as the “Family of Services” model. Recently, Durham Transit has made their integrated service mandatory for persons found to be conditionally eligible. This is concerning for many, as it will lead to persons who face barriers during transfers, being forced to transfer between multiple different vehicles, as well as many other accessibility concerns for other riders.  
Specialized Transportation and Multiple Chemical Sensitivity 
Persons with multiple chemical sensitivity face challenges when accessing public transportation. Recently, ARCH helped advocate for changes to Wheel-Trans’ Environmental Sensitivity Policy. Specifically, the policy now outlines that when a customer encounters an environmental barrier, and cannot access the Wheel-Trans vehicle, they will now not be left alone to wait for another bus, as either the operator or a mobile supervisor will remain with the customer until an accessible vehicle arrives. Before this change, persons with Multiple Chemical Sensitivity were left to wait alone for the bus, without any supports. In addition to the change in policy, the TTC has also updated their booking website to make clear that customers should not ride Wheel-Trans while wearing scents. ARCH is hopeful that this change will make it easier and safer for persons with multiple chemical sensitivities to ride on Wheel-Trans vehicles. Unfortunately this change is only beneficial for persons living in Toronto. If you live outside of Toronto and are having problems with scent while riding specialized transportation, feel free to contact ARCH for free legal advice. 
ARCH Summary Advice and Referral Service
ARCH can provide free summary legal advice to persons with disabilities who are having issues accessing their transportation services. These issues include but are not limited to: appealing your eligibility, complaints with inaccessible services; and disability-related accommodations to access transportation services. 
You can reach ARCH at:
Tel: (416) 482-8255 or toll-free 1-866-482-2724 ext. 0 
TTY: 416-482-1254 and TTY toll-free: 1-866-482-2728
If you cannot contact us via telephone, and require disability-related communication accommodations, you can email ARCH at: intake@arch.clcj.ca 

ARCH and Respecting Rights at the 17th Conference of States Parties to the Convention on the Rights of Persons with Disabilities (CoSP17)
By: Jessica Field, Community Outreach and Education Coordinator
Original newsletter has a photo of different flags around the world outside of the United Nations.
Respecting Rights is a project at ARCH that is led by self-advocates labelled with intellectual disabilities. Since 2011, Respecting Rights has provided innovative, accessible rights education to persons labelled with intellectual disabilities and their support networks across Ontario. Respecting Rights also works on accessible law reform projects. Our work builds the capacity of persons labelled with intellectual disabilities and their support networks through education and support for self-advocacy.
This year, from June 10th to 14th, Respecting Rights member Judy Noonan, and ARCH’s Community Outreach and Education Coordinator Jessica Field, represented ARCH at the 17TH Conference of States Parties to the Convention on the Rights of Persons with Disabilities (CoSP17), at the United Nations in New York. 
On June 12th 2024 Respecting Rights collaborated with self-advocates from My Home, My Rights in Nova Scotia, Down Syndrome Australia, and Parent Federation of Persons with Intellectual Disabilities (PFPID) in Nepal, to host a side event called “Art of Inclusion: Human Rights Education and Advocacy Led by People Labeled with Intellectual Disabilities”. During this side event, each self-advocacy group shared examples of their work, and discussed why teaching others about human rights in an accessible way is important. Video of side event: “Art of Inclusion: Human Rights Education and Advocacy Led by People Labeled with Intellectual Disabilities” (https://www.youtube.com/watch?v=yv6uwqgvwSY)
Judy and Jessica attended several events at the United Nations headquarters, where they learned about the different ways that governments and self-advocacy groups from across the world are working together to make the law better for persons labelled with intellectual disabilities.
Judy and Jessica also attended a Canadians Mission meeting with Minister Kamal Khera; Minister of Diversity and Inclusion, and Ambassador Richard Arbeiter; Deputy Permanent Representative of Canada to the United Nations. During this meeting, attendees learned about the work that Ambassador Arbeiter and Minister Khera are doing on behalf of the disability community and in support of the Convention on the Rights of Persons with Disabilities (CRPD).
Coroner’s Inquest – Sammy Yatim
Recommendations to improve interactions between Police Force and Persons with Disabilities
By: Gabriel Reznick, Staff Lawyer
Original newsletter has a photo of the back of a yellow vest with the word "police".
In 2013, Sammy Yatim, an 18-year-old from Toronto, was shot and killed by Toronto Police Service’s Officer James Forcillo, while onboard a Toronto streetcar. This incident caught public attention after a video was released which showed the entire event.
The legal case against Officer Forcillo was highly publicized, due to the rarity of a police officer being tried for second degree murder. ARCH has written three separate articles, which focused on the hearing and the sentence, in the ARCH Alert. (https://archdisabilitylaw.ca/resources/arch-alerts/) After hearing submissions, the jury issued their verdict on January 26, 2016. The jury found that Officer Forcillo was not guilty of second-degree murder or manslaughter, however, he was found guilty of attempted murder. The rationale for the finding of attempted murder, was the decision to fire an additional second round of gun shots. Forcillo was sentenced to six years in prison, with Justice Then stating that Officer Forcillo’s conduct was a “fundamental failure to understand his duty to preserve all life, not just his own.” After serving 21 months of his sentence, Officer Forcillo was granted parole on January 17, 2020. 
Now, over ten years after Mr. Yatim’s death, the Coroner’s Inquest has released its verdict and recommendations. The jury looking into Mr. Yatim’s death made 63 recommendations. The recommendations can be broken down into the following themes: needed change in the role of police in Ontario; need for focus on mental health of civilians, and de-escalation; increased training; funding to implement recommendations; and accountability.  There are multiple recommendations which may have a positive impact on persons with disabilities. For example, recommendations 17, 18, 22, 43, 44, and 55, recommend expanding mandatory police training to include how to have positive encounters with persons in mental health crises, as well as training on de-escalation, anti-bias, and peer intervention, with the assistance of a crisis nurse. This training would further underscore the fact that police officers are to prioritize the use of non-force, and use trauma-informed de-escalation techniques.  Further, recommendations 28 to 30 speak to the need for a mental health strategy within the police system. They call for the creation of a Mental Health and Addictions Advisory panel, which will ensure intersectionality; the development of a rights based mental health and addictions strategy; and the appointment of high-level police officers who would be responsible for the implementation of the mental health strategy. 
If implemented, these recommendations have the potential to significantly improve interactions between police officers and persons with mental health disabilities. In 2020, Toronto saw the death of three individuals with mental health disabilities over a period of 3 months. There is a need for further training to break down the stigma faced by persons with mental health disabilities, and other intersectional groups, and to ensure a focus on de-escalation instead of the use of force. 
ARCH has been monitoring this issue and will continue to do so. If you are a person with a disability living in Ontario and would like legal advice about filing a complaint about the police, you may contact ARCH’s Summary Advice and Referral Service at: 
Tel: (416) 482-8255 or toll-free 1-866-482-2724 ext. 0 
TTY: 416-482-1254 and TTY toll-free: 1-866-482-2728
If you cannot contact us via telephone, and require disability-related communication accommodations, you can email ARCH at: intake@arch.clcj.ca 
 
Library Corner
By: Mary Hanson, Librarian
Original newsletter has a photo of ARCH's in-person library.
This issue of ARCH Alert notes contributions by ARCH authors to two major recent publications - Handbook of Disability and Medical Assistance in Dying (MAID) in Canada. We also invite you to explore the following selected new additions to our print and multimedia collection now available in the Resource Centre on the 15th floor:
•	Frazee, Catherine. Dispatches from Disabled Country. Vancouver: UBC Press, 2023. (on ARCH shelves at 362.4 CA Fra 2023) 
Work by the renowned Canadian educator, advocate, and former Chief Commissioner of the Ontario Human Rights Commission features an interview together with selected writings on disability history, rights, and the role of activism in Canada. 
•	Freeze, Rick. Transformative Inclusive Education. Toronto: Canadian Scholar’s Press, 2023. (on ARCH shelves at 371.9 CA Fre 2023)
Collected voices of scholars, practitioners, and persons with disabilities, on reimagining current practices and teaching strategies to create a truly inclusive education environment.
•	Macrae, Emily, ed. Living Disability:  Building Accessible Futures for Everybody. Toronto: Coach House Books, 2024. (on ARCH shelves at 720.87 Mac 2024)
Essays and interviews share the perspectives of 35 writers with disabilities on barrier-free urban planning, and creating a more equitable and livable city.
•	Powley, Jen. Making a Home: Assisted Living in the Community for Young Disabled People. Halifax: Roseway Publishing, 2023. (on ARCH shelves at 362.4047 CA Pow 2023)
The author describes how she got young people with disabilities like herself out of nursing homes, by developing a shared attendant services system for adults with severe physical disabilities.
•	Spicer, Yvonne. My Life, My Choice, My Future: A Story of a Person and How We Can Change Lives For All. Durham: Lulu Press, 2023. (on ARCH shelves at 362.4092 CA-ON Spi 2023) Large print edition. 
Ontario self-advocate shares her story to help people understand what it’s like growing up with a disability and ”the struggles and obstacles I have had to overcome as a caring and enthusiastic adult with autism and an intellectual disability.”
•	Ward, John T., ed. Indigenous Disability Studies. New York: Routledge, 2024. (on ARCH shelves at 362.86 INT War 2024)
A collection of global perspectives including traditional knowledge and wisdom, Indigenous scholarship and lived experiences from those whose voices have often been excluded.
Selected publications added to the ARCH library catalogue (https://15285public.rmwebopac.com/) that can be accessed online: 
•	Bach, Michael & Lana Kerzner. Accommodating People in Exercising Their Right to Decide. Oshawa: Institute for Research and Development on Inclusion and Society IRIS, 2024. (available at https://irisinstitute.ca/resource/accommodating-people-with-disabilities-in-exercising-their-right-to-decide/)
A planning guide for supporting a person in decision-making.
•	Bota, Sydney K. Championing Inclusive Education in Canada: Voices of Educators, Advocates and Researchers. London: Western University, Electronic Thesis & Dissertation Repository, 2023. (available at https://ir.lib.uwo.ca/etd/9657/)
Thesis explores the current state of inclusive education, based on interviews with 33 experts (researchers, advocates, and educators). 
•	Finlay, Brittany, Samuel Ragot, Lucyna M. Lach & Jennifer D. Zwicker. Disability Policy in Canada Federal Report. Burnaby: Kids Brain Health Network, 2023. (available at https://kidsbrainhealth.ca/wp-content/uploads/2023/11/Disability-Policy-in-Canada-Federal-Report-Final_Nov27.pdf)
A comprehensive overview of policy, law, plans of action, programs & services, prepared with researchers from Disability Policy Research Program and McGill University. 
•	Torjman, Sherri. Primer on Disability Income. Oshawa: Institute for Research and Development on Inclusion and Society IRIS, 2023. (available at https://irisinstitute.ca/resource/primer-on-disability-income/)
An overview of current disability income programs and their challenges, and the principles that should guide reform. Includes a discussion of the potential of the Canada Disability Benefit.

The Parallel Report to the UN Committee on the Convention on the Rights of Persons with Disabilities 
By: Elsie Tellier, Staff Lawyer 
Original newsletter has a photo of a poster for the United Nations CRPD.
What is a Parallel Report?
Countries that ratify the Convention on the Rights of Persons with Disabilities (CRPD) have their compliance with the CRPD monitored by the United Nations Committee on the Rights of Persons with Disabilities (the “Committee”). As part of the monitoring process, countries are reviewed on a regular basis and federal governments are asked to submit a report detailing information about what has been done to implement CRPD rights in their country. In addition to country reports, the Committee also allows for organizations of persons with disabilities, disability organizations, and civil society organizations to submit their own reports. These additional reports have been given colloquial titles like “shadow report” and “alternate report.” ARCH has helped to prepare one of these additional reports and it is referred to as the “CRPD Civil Society Parallel Report” or the “Parallel Report” for short. 
ARCH’s work on the Parallel Report 
The Parallel Report is an important way for the disability community and stakeholders to provide additional information and varying perspectives on the state of CRPD implementation in Canada to the Committee on the CRPD. 
ARCH has spent the last few years working to provide expertise, guidance, and administrative support to over seventy organizations of persons with disabilities, disability organizations, and civil society organizations who have participated in drafting the Parallel Report. 
The Parallel Report is organized into sections focusing on the Articles of the CRPD with commentary reflecting Canada’s implementation of each Article. Organizations involved with the report volunteered to work on Articles relevant to their expertise. Working groups were formed to collaboratively draft each section. All organizations involved have had the opportunity to provide feedback, corrections, and input to the report at various stages including after the full first and second drafts of the report. Through the work done on the Parallel Report, organizations have highlighted key concerns faced by persons with disabilities in Canada. These concerns include the need to abolish harmful laws and policies that violate the CRPD, such as track 2 MAiD for individuals who are not dying. 
The Parallel Report will be made public once it has been published by the Committee in early 2025. 
Canada’s review by the Committee and the March 2025 Meeting in Geneva 
Canada was last reviewed by the Committee in 2017. Although country reviews usually happen around every four years, Canada’s second and third review cycles have been combined due to delays caused by the COVID-19 pandemic.
In March 2025, Canada is scheduled to meet with the Committee on the CRPD in their headquarters in Geneva, Switzerland. Canadian government representatives will be present at this meeting and will have the opportunity to answer questions asked by the Committee and share more information about their official report. 
Members of the Parallel Report working group will also be attending the meeting in Geneva and we look forward to sharing details about this aspect of the project in the near future.  
What are the anticipated outcomes of the Parallel Report? 
Following the meeting in Geneva, the Committee will publish their Concluding Observations on the UN website. The Concluding Observations will provide recommendations to the Government of Canada on how to improve implementation of the CRPD in Canada. The Committee does not have the power to force the Government of Canada to obey the suggestions set forth in Concluding Observations, but they serve as concrete recommendations to work on before the next review cycle, as well as serving as a tool for disability rights advocacy. ARCH will continue to report on this work as it moves forward. 

Become a Member of ARCH
If you would like to become an individual member of ARCH, please visit our website: https://bit.ly/3Oh4ccL or contact our office to request an Application for Individual Membership form. Membership is free.

Donating to ARCH 
While ARCH receives core funding from Legal Aid Ontario and grant funding from other sources, we also rely on donations from individuals.  We ask you to consider being a part of our work by contributing whatever you can.  If you are able to assist please donate to ARCH through https://bit.ly/3DE4Wnv.
Charitable No. 118 777 994 RR 0001

ARCH ALERT is published by ARCH Disability Law Centre. It is distributed free via e-mail. ARCH is a non-profit community legal clinic, which defends and promotes the equality rights of persons with disabilities through test case litigation, law/policy reform and legal education. ARCH is governed by a volunteer Board of Directors, the majority of whom are persons with disabilities. Articles may be copied or reprinted provided that they are reproduced in their entirety and appropriate authorship and credit is given. 
Co-Editors: Amanda Ward  & Robert Lattanzio
Production & Circulation: Theresa Sciberras & Jessica Field
We welcome your comments, questions and feedback.

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