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The Reviewer's Perspective

Before I turn to my findings and recommendations, I want to highlight a number of issues and observations that have shaped my approach to the review.

At the outset I want to state that for me the consultation process confirmed the dedication of Ontarians to the vision enshrined in the AODA. I was deeply impressed by the determination of individuals from widely different backgrounds to make the legislation work.

Context

The concepts of broad accessibility standards, timelines and collaboration are central to the AODA as is the goal for Ontario to be accessible by 2025. This is the framework the Ontario legislature has endorsed.

As noted earlier, the AODA calls for ongoing reviews of each standard every five years, as well as legislative reviews initially after four years and then every three years. It is important to keep this fact in mind in reading my report and understanding the context for my recommendations. Throughout the consultations, I have made a point of emphasizing the subsequent reviews. The act has created an ongoing process for public and transparent reviews on the functioning and implementation of the legislation.

I have also made it clear that in light of the timing of this first review and because most of the standards are not in place, I am not in a position to address all of the issues that have been raised. Some are premature, while others are outside my mandate. I recognize that the first review will leave a number of unanswered questions and unresolved issues that have been brought to my attention. For example, the government has not yet established its compliance and enforcement regime. This will begin in 2010 but will have to await a later review. I am satisfied that this issue and others will be addressed in time, either directly through the standards review process, or in the next legislative review, or indirectly as a result of my recommendations.

Ontario’s Commitment

The AODA was passed unanimously by Ontario’s Legislative Assembly in May 2005. Those who have had the privilege of sitting in the legislature will know it is a rare day when all members agree on an issue and how it should be addressed in legislation. This all-party support clearly reflects the will of the people of Ontario.

Indeed, this commitment to accessibility has been on the statute books since 1982 in the Human Rights Code, which prohibits discrimination on the ground of disability. In its submission to the review, the Ontario Human Rights Commission describes the relationship between the code and accessibility legislation as follows:

The relationship between accessibility legislation and the Code should be a harmonious and complementary one, albeit with necessary elements of natural tension.

The Code has legal primacy over all other laws including the AODA. That’s important because it shows society recognizes “what should be”: that persons with disabilities are inherently entitled to and should enjoy equal rights without discrimination; and that we all have legal obligations to ensure it happens. The AODA and other disability related legislation provide a means for getting us there.

The AODA is necessary because the removal of one barrier at a time through the code’s complaint-based process will never on its own lead to a barrier-free society with equal access for people with disabilities.

While other jurisdictions such as Australia, the United Kingdom and the United States have shown leadership on this issue, Ontario’s legislation is viewed as unique. The AODA provides a new approach for achieving an accessible Ontario — one based on standards to be developed collaboratively and applied across broad aspects of our social and economic life to bring about the greatest accessibility for the greatest number. By setting a 20-year implementation timeframe, the AODA also recognizes that accessibility will be achieved in an evolutionary way.

The AODA takes a systems-based approach. It is an instrument for transforming our attitudes toward people with disabilities. Its overriding goal is to achieve meaningful and tangible improvements to the lives of people with disabilities.

The Changing Face of Disability

In proceeding with the review, I have been struck by the impact that the shifting demographics of Canada and Ontario will have on the accessibility issue and how we deal with it. We have to recognize that over the next generation the face of the disability community will change. As our society ages, the number of older Canadians will increase and the number of people with disabilities will increase in tandem with this trend. Moreover, medical advances mean that younger people with disabilities — from premature infants to workers suffering serious injuries on the job — are living longer.

The rising numbers include not only those with physical, hearing or visual disabilities but also those with various mental health, developmental or learning disabilities. The emerging disability population we are speaking about when combined with their immediate family members — will soon represent close to 60 per cent of Ontario’s population. From my own observations during this review, the older members of this group will be especially assertive in demanding improved services from all sectors to make their lives accessible.

Impact on Obligated Sectors

I believe it is also important to recognize the potential impact of the AODA on the obligated sectors.

It has been clear to me that the commitment to accessibility among all sectors is not in question. Moreover, we are not starting from a blank page, as progress has been made under the auspices of the ODA.

I recognize that a number of public, private and not-for profit sector associations — such as the Association of Municipalities of Ontario, the Ontario Chamber of Commerce, the Retail Council of Canada, the Ontario Hospital Association, the Council of Ontario Universities, the Ontario Community Support Association and other province wide organizations — have begun efforts to inform and educate their members about the AODA.

At the same time, however, I also sense a tremendous angst among representatives from the obligated sectors and fears that the cost of compliance will be burdensome. Part of this concern stems from frustration with the standards development process and the timelines for compliance included in the proposed accessibility standards.

This anxiety has been compounded by the dramatic change in the global and local economic climate since the AODA was passed. I want to stress that a difficult economy cannot be an excuse for abandoning the goal of accessibility. I do believe, however, that the current economic climate must be taken into account in considering the pace of change and the reasonable expectations for the obligated sectors as we meet the goal of accessibility by 2025. It is imperative to ensure that the implementation of all the standards and related procedures is well coordinated and harmonized. If this does not occur, it will not be possible to realize the intent of the AODA on time.

As indicated above, my mandate is to consider the effectiveness of the AODA for both the obligated sectors and the disability community. I heard from some in the disability community that they fear the risk of alienating the obligated sectors and even more so the potential backlash when organizations realize the broad scope of the standards. This again shows why public education and stakeholder engagement are so critical to the success of the AODA. It is critical that the government build a broader public awareness and understanding about the AODA and that the necessary tools and supports be available for the obligated sectors.

Charting A Path Forward

Over the past several months I have often been asked if Ontario is moving fast enough toward the 2025 deadline. That is, are we going to meet the goal of accessibility by 2025? In fact, many have told me that they believe we are behind schedule.

For me, the larger question is whether we are moving in the right direction and that has been my focus.

What struck me very early on in my work and has remained a constant throughout the review is the lack of public awareness and engagement about accessibility generally and about the AODA, its goals and obligations, more specifically.

When the AODA went through the legislature in 2004 and 2005, it generated media attention and extraordinary optimism and enthusiasm from within the disability community. The public and broader public sectors were already somewhat attuned to issues around accessibility as they had had obligations under the ODA since 2001. For the public at large, however, the passage of the AODA was seemingly just a blip in the media. Some may have a vague recollection of the legislation passing but most Ontarians simply have no knowledge of what took place in May 2005. There is a fundamental lack of appreciation of the purpose of the legislation and its broad implications for our society as a whole.

This is why I strongly believe that, four and a half years into the implementation of the AODA, it is essential to raise the profile of the goals and objectives of the act and apply a renewed and refocused sense of commitment and leadership. I have concluded that structural changes are needed to deal with the issues identified.

There was a time when our society looked the other way when it came to issues like pollution, smoking, drunk driving, not using seatbelts, domestic violence and racial prejudice. Now these practices, while far from eliminated, are no longer socially acceptable. Instead we value a green environment, health promotion, road safety, women’s rights and diversity. Accessibility for persons with disabilities must also be embraced as a core value of our society. We can do no less.

I have heard from many organizations and individuals over the past several months including people who struggle on a daily basis with a disability, advocates for the disability community and many from the various obligated sectors.

This review does not deal with some obscure public policy. Rather the AODA and ultimately the standards that will be put in place will touch every Ontarian. For some it may make the difference between leading a productive life or being home bound, while for others like a small family-run business, it may spark worry about their economic prospects.

I fully appreciate the implications of the AODA’s broad-based legislative framework and I want to do it justice. I am cognizant of the pressures on the obligated sectors to make Ontario accessible. I am equally aware of the desire on the part of the disability community for this to happen as quickly as possible. But I realized early on in my review that there is no “silver bullet” — no one recommendation that can address all of the issues raised.

Since his appointment as Lieutenant Governor of Ontario in 2007, the Honourable David Onley has made accessibility the “overarching theme” of his mandate. He speaks often about the challenges faced by those with disabilities and underlines the importance of the AODA in improving their lives. One of the points that he continually raises is the need for a fundamental attitudinal shift in how accessibility is understood and perceived. He believes that it is critical to change attitudes in order to eliminate barriers. As he emphasizes, while rules and regulations are crucial, what is also required is a change of heart. His approach has informed my own thinking and recommendations.

The AODA requires transformational change and Ontario is right in the thick of the transition stage. I have been asked to determine the effectiveness of the legislation at this point in time. I have done my best to take an approach that reflects the tenets of the AODA, as my authority to undertake this review stems directly from the legislation. Having said that, the focus of this review has been on the processes developed to implement the AODA. My recommendations focus on how to improve the way the AODA is being implemented and the procedures that have been set up to develop meaningful accessibility standards.

What I have strived to accomplish is to chart a path forward to ensure the success of the AODA for people with disabilities, businesses and organizations as I believe that all Ontarians will benefit from making Ontario accessible by 2025.