Introduction
The new Liberal government of Nova Scotia has promised to
enact legislation to address the circumstances of people with living with
disabilities. ProBono student volunteers at Dalhousie law school have been
working with the James McGregor Stewart Society to outline legislation to be
enacted in Nova Scotia. The purpose of the draft is to ensure the government is
provided with context, information and background when addressing the situation
of people who are prevented from the full enjoyment of society. In our
research, we have come to realize that this is not just a human rights issue
but a civil rights issue as well. In the best sense, this is about fulfilling
the promise of the Charter of Rights
and Freedoms for all Nova Scotians.
Our overarching goal was to determine a way to offset
individual differences with accommodations, and to make that a requirement of
the legislation. Abilities do vary, but they should not be defined by
intentional or accidental barriers.
We examined the Access for Ontarians with Disabilities
Act, in particular the 5 year review mandated in 2005, and the Americans
with Disabilities Act. They are
summarized below. We tried to account
for the complexities of The UN Convention on the Rights of Persons with
Disabilities and to reconcile our efforts with some of its obligations.
We kept a log of important concepts in the form of
Principles. Three fundamental
requirements quickly emerged:
- Written standards for infrastructure and process
- Enforcement by government
- Application to private and public entities
Our draft legislation, in narrative form, which we have
called the Equal Opportunity for Nova Scotians Act, follows the summary of our
research. The Act is intended to create
standards, and to hold the provincial government accountable for the commitment
they made. The Act covers employment, transportation, accommodation,
communications and the provision of goods and services.
Following the draft act is a summary of an on-line survey we
administered. We circulated it to about
150 people, generally activists and got about a 50% response. The summary is based on the first 65
responses. Generally, the priorities
expressed in the survey are consistent with our vision of the legislation. It is important to note that there is an
undercurrent (not always well hidden) of frustration with government,
especially among those who identify themselves as disabled.
For ease of understanding, we use the word “disabled” in a conventional sense. We do so reluctantly, because it implies that
a person has some condition that prevents participation. Almost always, exclusion results from a
barrier, intentional or accidental. Perhaps
the new legislation can help us understand that we are all different and stand
to benefit equally from removing barriers.
Important as a piece of legislation may be, any law cannot
succeed without the commitment of the government, organizations, businesses, and
community members. Attitudes towards any
marginalized person in our province are transmitted through various bodies and
individuals. When the leaders in our community project an attitude that
highlights the importance of equality and encourages accommodations, that
attitude will become pervasive in all aspects of our community.
If you wish to provide feedback on this draft, please email
the James McGregor Stewart Society at wcreedh@gmail.com.
- Gus Reed, Kelsey Evaniew, Ben Corkum & Lisa Wagner
Kelsey Evaniew is in her third year of law school. When she
is not in the library, she can usually be found in one of Halifax's many cafes,
reading.
Lisa Wagner graduated from the Schulich School of Law in
2012 and completed her articles in Vancouver. She transferred to Nova Scotia in
2014 and she currently practices personal injury law.
Gus Reed is the co-founder of the James McGregor Stewart
Society
Ben Corkum is in his second year of law school with a
passion for studying criminal law, mental health problems and the fine arts
Pro Bono Dalhousie is the organization through which most
law students first connect to the broader Halifax community. Pro Bono Dal is
the local chapter of Pro Bono Students Canada (PBSC), a nation-wide program
that serves as an access to justice initiative providing legal services without
charge to organizations that cannot afford independent legal advice. PBSC has
chapters at all 22 law schools in Canada. Each year, PBSC provides
1400-1500 law students with volunteer opportunities to connect with their local
community, and develop their legal skills, by working with lawyer supervisors
and up to 400 organizations coast to coast.
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