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Accessible Canada Bill

Second Reading--Debate Continued

March 20, 2019


Hon. Thanh Hai Ngo [ + ]

Honourable senators, it is my pleasure to speak at second reading of Bill C-81, an Act to ensure a barrier-free Canada. It is also a pleasure for me to speak on a bill shepherded by Senator Munson, our honourable colleague, who acts as an outstanding champion for more than a decade on issues related to disabilities, particularly for Canadians with autism.

I think we were all deeply touched by Timmy’s story and the profound works you are completing in his spirit. I, too, believe this legislation has the potential to be part of the most significant advancement for disability rights in this country in over three decades. I understand this bill was introduced on the other side last June to promote equality of opportunity for Canadians with disabilities, who are valued citizens and contributors to our society.

This bill has taught me that there is a serious lack of understanding about Canadians with disabilities, particularly about the historical hardships they face simply because of their differences, such as institutionalization, sterilization and social isolation.

I have also learned up to this day that Canadians with disabilities continue to face hardships even though a disability is protected under Canada’s human rights system, the Charter of Rights and Freedoms and as a signatory to United Nations Convention of the Rights of Persons with Disabilities.

Bill C-81, therefore, proposed a policy of transformation to change how Canada addresses accessibility by allowing us to become proactive instead of reactive for Canadians who do not want to be treated as a burden but as full, equal members of society. Once enacted, this bill will allow for the identification, removal and prevention of barriers that keep all Canadians from participating in society.

Many have spoken on this bill to explain how this legislation would enhance the legal framework to address the barriers to inclusion faced by millions of Canadians on a daily basis. I will avoid repeating the specific clauses of this bill. Those were well summarized by Senator Munson, which changes how we talk about disability and how barriers to accessibility continue to adversely impact Canadians with disabilities and their families.

My remarks will focus on the principles and some questions that should be addressed through debate. This bill seeks to transform how Canada addresses discrimination and ensures equality for all Canadians through action that will guide Parliament, the Government of Canada and many other federally regulated sectors in offering accessible services to Canadians.

This bill will modernize our anti-discrimination law to become less reactive to advance the human rights of those with disabilities before the discrimination takes place. It would nimbly address the estimated 50 per cent of complaints to the Canadian Human Rights Commission, which are submitted on the basis of disability.

Honourable senators, if this bill is passed, federally regulated organizations will be required to identify, remove and prevent barriers to accessibility in six key sectors: the built environment, employment, information and communication technologies, the procurement of goods and services, delivery of programs and services, and transportation.

In fact, the accessible Canada act could significantly change how things are done in the federal public service and how the federal public service serves Canadians. The act could also improve the lives of federal employees with disabilities. As Canada’s largest employer, the government needs to lead by example.

Honourable senators, there are still many unanswered questions around the timetable for the allocation of the $290 million proposed in the bill. To date, neither the bill nor the minister have been clear about exactly how much of that funding will be used to create public service jobs. Meanwhile, nearly 12,000 people who responded to the survey of federal public servants indicated that they had a disability.

If Bill C-81 becomes one of the tools the government uses to systematically consider accessibility issues, the Government of Canada, as an employer and service provider, will have to show leadership and promote accessibility in order to support the private sector.

At second reading, we can only hope that, in pursuing its objectives, the bill will also extend to cover the Canadians who have waited so long for help, and that it will not be limited to federal public service employees.

If accessibility is seen as a universal priority, the bill should be revised to ensure that the government also provides adequate resources to First Nation governments, to enable them to meet the urgent needs that exist in too many Indigenous communities.

That’s why I’m so eager to vote in favour of sending it to committee. I hope that during the committee study, we will learn more about the barriers that need to be eliminated, the rules and standards that will be changed, and the proposed timelines.

Honourable senators, we will also need to take a close look at how this bill will not only seek to help all Canadians with disabilities, but also their care givers, who experience higher costs and more economic barriers than people without disabilities.

We will need to know if this bill will help them deal with higher medical costs, other than basic necessities including transportation, utilities, accessible housing and adaptive clothing. We will need to ensure that the long-term goal of this bill goes beyond creating additional jobs in the public service. After all, the intent of this bill is to benefit all Canadians, especially Canadians with disabilities, through the progressive realization of a barrier-free Canada.

As I said earlier, I have much to learn about disabilities. This issue was made very clear by the Standing Senate Committee on Social Affairs, Science and Technology report tabled last June entitled Breaking Down Barriers: A critical analysis of the Disability Tax Credit and the Registered Disability Savings Plan, which included 16 recommendations to the government. This thorough report highlights that the estimated number of Canadians aged 15 and older living with severe or very severe disabilities exceeds 1.8 million. Thus, if Canada is to stop treating disabilities like an afterthought, then we need to ensure that the government lay out concrete and tangible ways in which it intends to include Canadians with disabilities as valuable citizens outside the government as well.

Honourable senators, according to the government, Bill C-81 has the historic potential to bring about incredible positive changes for those living with disabilities since Confederation. If passed, Bill C-81 could help to change the way the Government of Canada and organizations in the federal jurisdiction interacts with Canadians. A defined proposal for standard development of regulations, compliance and enforcement measures, the complaint process, the roles and responsibility for implementation, as it mainly applies to Parliament, the Government of Canada, the Crown corporations and federally regulated entities, including organizations in the transportation, telecommunications, broadcasting and banking sectors.

It deserves a closer look, especially when it comes to the financial breakdown. How exactly the government intends to spend the $290 million proposed in this legislation over the next six years has created yet another bureaucratic institution. Honourable senators, politicians of all stripes want to help Canadians with disabilities. We agree that our understanding of disabilities and awareness must not focus on the specific cause of the impairment or the diagnosis of the disability, but rather on the barriers that get in the way of the full and meaningful participation of our citizens.

There is widespread support from the population over this bill, but some stakeholders raised that it does not go far enough. Some still have not been afforded the opportunity express their thoughts, while others have raised the need for more consultations. Affected groups have even stressed the disappointment in the tardiness of this government’s promise, made in the 2015 Liberal platform. We all have a duty to listen to them. Since a number of amendments were made to the bill while it was being debated in the House of Commons standing committee, which held public hearings on the bill in October.

I support that the government needs to take action on this file. I am proud to support this legislation at this stage. I look forward to the work that stands before this bill as it goes through debate and its committee stage before we can make a final decision to make sure this bill actually helps those in need and delivers on its promises to eliminate systematic barriers and deliver equality of opportunity to all Canadians living with disabilities. Thank you.

Honourable senators, I too rise to voice my support of Bill C-81, An Act to Ensure a Barrier Free Canada, also known as the Accessible Canada Bill.

Before I begin, I would like to acknowledge the work of our colleagues and the sponsor of Bill C-81, Senator Munson, for his ongoing courage and advocacy towards individuals with disabilities, such as autism spectrum disorder.

Senator Munson’s leadership has led to the adoption of An Act respecting World Autism Awareness Day and of the Senate report Pay now or pay later: autism families in crisis. Senator Munson, you have made and continue to make your son Timothy very proud.

I would like to share Senator Munson’s words when he said, and I quote, that:

. . . persons with disabilities want to be part of an active society, but every day, barriers prevent persons with disabilities from participating fully and equally in communities and workplaces.

The message that sends is, ’You don’t fit in. There is no place for you. Step aside or stay at home.’ It is clear that the need to change how barriers to accessibility are addressed in this country is long overdue.

Senator Munson, I could not agree more with you.

Honourable senators, as you may know, I have had many challenges in the last few months with short-term disability issues. This has really humbled me. Every time I approach to open a closed door, I look for a button I can press. Even in this beautifully newly renovated heritage building, main doors have buttons to open doors, but not all doors. I see our security trying to help me, but sometimes they are unable to do so since they cannot leave their posts. I often use my backside to open an extremely heavy door. My backside has become my door opener.

Honourable senators, I suggest you try to do this. It is challenging. What I have learned from the short-term mobility issue I have is that this is only a small example of all the barriers people with disabilities face. This is why this bill is so important. I cannot stress this enough.

While Bill C-81 outlines three main duties for all regulated entities such as accessibility plans, feedback tolls and progress reports, its purpose is to make our country barrier-free in areas under federal jurisdiction by removing and preventing barriers to accessibility.

The act to ensure a barrier-free Canada addresses environments such as buildings and public spaces, job opportunities and employment policies. Bill C-81 also addresses information and communication technologies, procurement of goods and services, delivering programs and services, transportation and communication.

Bill C-81, once it becomes an act, will be the first federal act to officially include episodic disability in its wording. Episodic disabilities are marked by fluctuating periods and degrees of wellness and disability. In addition, these periods of wellness and disability are unpredictable. Increasing numbers of Canadians are living with episodic disabilities, including multiple sclerosis, arthritis, cancer, HIV/AIDS, diabetes and different forms of mental illness.

Persons with disabilities face many challenges that perhaps we don’t see at a service level. When we think of people with disabilities, we often forget to include housing. It is true that without an accessible home, people with disabilities are unable to work or participate in the community they wish so much to be part of.

Honourable senators, I would also like to take this opportunity to ask the federal government to promote accessibility across Canada by requiring recipients of federal public money not to perpetuate existing barriers or create new ones.

We are now discussing Bill C-81. Whether it is here at second reading, third reading or committee stage, you will hear what various persons with disabilities face to gain access to society.

I would like to share with you that as a young girl my father started a school in Uganda for hearing impaired children. I will never forget how it was to see young children coming from small villages who had never been able to express themselves. I watched them learn and grow. Once they graduated, they were expressive and were working to find their rightful place in society. All they wanted was to be able to contribute to their community. I still remember so vividly two twin girls at the school. I would like to share their stories with you.

Twin sisters Fatima and Shaleena both arrived at the school for hearing impaired children in Uganda at the age of nine. There were so quiet and reserved. Year after year, with the right tools and their will to learn, the twin sisters gained confidence. They became expressive and joyful. This made me realize that by providing only a few learning tools suited to someone’s needs could change that person’s life. It transforms an ignored member of society to a fulfilled member of society.

This is what we, as senators, are looking for. In life, we are all given challenges. Some of us are very lucky; we are full bodied. Others have challenges. At the end of the day, all of us in this chamber have the privilege and honour to make sure that all Canadians have access to tools that make all Canadians engaged citizens in our communities.

Bill C-81 is about helping all Canadians by providing the best tools to achieve their greatest potential despite their disabilities.

In conclusion, I wish to quote from the description of the United Nations Convention on the Rights of Persons with Disabilities found on their website:

The Convention . . . adopts a broad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas were adaptations have to be made for persons with disabilities to effectively exercise their rights . . .

Honourable senators, it is our duty to promote both the equality and the empowerment of all members of our society. Persons with disabilities are also members of our society.

Disability is not a political or partisan issue; it is a human issue. Honourable senators, I ask you to support Bill C-81, An Act to Ensure a Barrier Free Canada, and to send this bill to committee as soon as possible. Thank you very much.

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