how we got here barry mcmahon accessibility with moxie the aoda

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How we got here Barry McMahon Accessibility with Moxie The AODA

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How we got here

Barry McMahonAccessibility with Moxie

The AODA

Past FactorsThe Vietnam War Veterans in the 70’s – The ADA,

the Architectural Barriers Commission in the U.S.A.Medical advances – recovery from major trauma,

disease, genetic disordersTechnological advances – mobility devices,

telecommunications, robotics, etc.. Human Rights Legislation

- Canadian Charter of Rights and Freedoms, Section 15.1 – U. N. Year of the Disabled (1981)- CHRC

Society trends towards inclusion versus seclusion

What about Ontario?We are far behind other jurisdictions in the

inclusion of people with disabilities.- Schools - Tourism sector- Hospitality sector- Retail sector- Entertainment sector- Employment

Ontario still institutionalizes PWD’sA grassroots movement demanded change

Evolution of the ODAPeople with disabilities from all over the

province pressured for change under the influence of the Ontarians with Disabilities Committee.

1.85 million Ontarians with Disabilities want inclusion

All provincial parties were on-side in varying degrees

First attempt bombed! And the government heard about it

Finally in 2001 the Ontarians with Disabilities Act became law

ODA, 2001Applies to provincial regulated public sectorMandated thinking about barriersMandated consultation with PWD’sObligates the creation of plans to eliminate

barriers and prevent the creation of new ones

Has not been repealed

ODA is not enoughApplies only to public sectorNo enforcementToo vague and open to replication of effortOpen to abuse and neglect

Why the AODA?Full integration of PWD’sChanging demographics

15.5% of population have disabilities47.2% of people over 65 have disabilities

Parallel systems are economically unsustainable

A competitive position with other jurisdictions

Personal safety and health

The AODA, 2005Again, the result of public pressureCreates an accessible Ontario by the year

2025Applies to the public and private sectorsStrong enforcement mechanismsBased on the adoption of enforceable

regulations and standardsStandards to be developed in consultation

with industry and PWD’s Standards Development is overseen by a

Minister’s Council

A wide definition Disability :The AODA uses the Ontario Human Rights Code

definition of “disability” which is : any degree of physical disability, infirmity, malformation or

disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device

a condition of mental impairment or a developmental disability a learning disability, or a dysfunction in one or more of the

processes involved in understanding or using symbols or spoken language

a mental disorder, or an injury or disability for which benefits were claimed or received

under the insurance plan established under the Workplace Safety and Insurance Act, 1997 (“handicap”).

Establishing StandardsThe AODA’ s regulations establish the

accessibility standards. An accessibility standard (“the standard”) applies only to a person or organization that does at least one of the following activities : provides goods, services or facilities; employs people in Ontario; offers accommodation; owns or occupies a building, a structure or a premises; plays a part in a business or other activity that the regulations may identify.

The standard gives information about how to identify and remove barriers and a time schedule for meeting the standard

Developing Accessibility StandardsThe minister invites people to sit on standards

development committees to create proposed accessibility standards.

Three groups of people are on every committee:- People with disabilities or people who represent people with disabilities (50%); - Representatives from organizations or groups to whom the standard will apply (e.g., a specific industry or group of people); - Representatives from Ontario government ministries that have responsibilities that relate to the affected industries or groups of people.

Content of Standards An accessibility standard shall,

(a) set out measures, policies, practices or other requirements for the identification and removal of barriers with respect to goods, services, facilities, accommodation, employment, buildings, structures, premises or such other things as may be prescribed, and for the prevention of the erection of such barriers; and

(b) require the persons or organizations named or described in the standard to implement those measures, policies, practices or other requirements within the time periods specified in the standard. 2005, c. 11, s. 6 (6).

Major AxiomsVoluntary change almost never happensIf you design places, products, and service

to include use by people with disabilities, the rest of the population benefits

People never expect to acquire a disability