/ The Evolution of Disability Rights:A Retrospective and Perspectives for the Future

REACH Canada 30th Anniversary Conference

The Evolution of Disability Rights:

A Retrospective and Perspectives for the Future

June 16, 2011

Reach Canada: Equality and Justice for People with Disabilities

Who We AreReach Canada was established in 1981 as a non-profit organization dedicated to educating and informing persons with disabilities, lawyers, advocates and the general public about the rights and interests of persons with disabilities. Reach Canada is committed to ensuring that people with disabilities have access to quality legal and social representation.

What We Do

  • Link people with disabilities to lawyers to resolve legal issues.
  • Refer callers to appropriate community resources.
  • Host annual conferences and public education seminars throughout the year.
  • Develop relationships with community members and partnerships with private, non-profit, and public sector organizations.
  • ProvidediversABILITIESTrainingto Public and Private sector management and staff in partnership with The Ottawa Hospital Rehabilitation Centre.
  • Provide Advanced Seminars series on Duty to Accommodate sessions to the Public sector.
  • We do not rely on government funding. Fund raisingis carried out through a variety of special events such as the Minto Run for Reach, the annual Reach Auction presented by TD Bank Financial Group and theReach Lawyers Comedy Night.

400 Coventry Road, Ottawa Ontario K1K 2C7

613.236.6636 (Phone) 613. 236.6605 (Fax)

Message from the Reach Conference Co-Chairs and the President of the Reach Board of Directors

Welcome to Reach Canada’s 30th Anniversary Conference! This year, the conference is focusing on “The Evolution of Disability Rights” as a way of celebrating progress in improving the quality of life for persons with disabilities, and also highlighting that our work is not yet done!

When Reach was established in 1981, the rights agenda was still to achieve success in entrenching the equality rights of people with disabilities in the Charter of Rights and Freedoms, the Employment Equity Act was yet to become law, and the adoption of the United Nations Convention on the Elimination of Discrimination against Persons with Disabilities was but a distant hope. As well, the passage of landmark legislation in Ontario that would legally bind institutions, and all segments of society, to support full access for persons with disabilities was an advocacy strategy still under development! While critical advances have been made in the rights agenda, the past 30 years have also brought about other changes and reforms which are continuing to contribute to the greater participation and inclusion of persons with disabilities in our society. A few examples include:changes in treatment and support for the mentally ill; significant leadership by some employers to actualize the duty to accommodate by fostering a culture of inclusion in the workplace;wider availability of accessible transportation systems and the built environment;and accommodations in some schools and post-secondary education institutions.

We hope this Conference will provide an important opportunity for policy makers, lawyers, and the disability community to hear different perspectives from our panelists on the important legal and rights framework that now exists. More importantly, we would like the conference to raise awareness amongst participants on ways to harness and strengthen this framework to ensure further progress is made, as well as enhancing understanding of the limitations of a rights agenda, and the need to use other policy tools to advance systemic and institutional change.

On behalf of Reach, we would like to thank all of the contributors to our program, including our very distinguished panel members and guest speakers, as well as the hardworking members of our Conference Program Planning Committee, and others who helped to develop this excellent program.

We hope you will enjoy your participation in this Anniversary conference, and look forward to meeting as many of you as possible over the course of the day, and to continue to hear from you on what matters most in making progress over the next 30 years!

Susan Scotti Daniel BoivinChantelle Bowers

Co-Chair of the 30thCo-Chair of the 30thPresident of Reach

Anniversary Conference Anniversary ConferenceBoard of Directors

CommitteeCommittee

Thursday, June 16, 2011

8:00A.M. .Continental Breakfast

8:30A.M. .Welcome and Introductions

Co-Chairs Susan Scotti and Daniel Boivin

8:40A.M. .Opening Remarks

The Honourable John D. Richard

The Honourable John D. Richard, former Chief Justice of the Federal Court of Appeal, and Reach Honourary Chair, will speak to the importance of access to the legal system for persons with disabilities, and the evolution of Reach in addressing issues of access to the legal system.

9:00a.m.Keynote Speaker, David Lepofsky

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/ The Evolution of Disability Rights:A Retrospective and Perspectives for the Future

David Lepofsky is a longstanding advocate on disability rights and is the Chair of the AODA Alliance. He has played an advocacy role in enabling the passage of key milestone legislation, the Ontarians with Disabilities Act 2001, and later the Accessibility for Ontarians with Disabilities Act. Mr. Lepofsky will share his perspective on the importance of collaboration and of advocacy in bringing about change. He will provide an overview of disability rights and their evolution over the past thirty years,speak to the advancesthat have taken place and identify where resistance and new issues have emerged.

Mr. Lepofsky will appear by videoconference. The use of technology has greatly increased access for people with disabilities,allowing them to work from home, or over great distances. Experience this amazing technology as our keynote speaker utilizes teleconferencing to share his perspectives with you today!

9:30A.M. .Question and Answer Session

9:45A.M. .Health and Networking Break

10:15A.M. .Morning Plenary Panel and discussion: Taking Stock

Moderated by Chantelle Bowers, President of Reach Canada Board of Directors

We have heard about the evolution of rights for persons with disabilities and areas whereimprovement is needed. This Panel will explore in greater depth some of these areas, including access to the justice system, employment,challenges in Privacy law and practices, as well as how we can make our communities more accessible. The Panel will also address the promise presented by Canada’s adoption of the Universal Declaration of Human Rights for making progress on these gaps and others.

Michael Gottheil – Executive Chair of the Social Justice Tribunals Cluster, Ontario, Former Chairperson of the Human Rights TribunalAccessible Communities – Beyond Built Environment.

Working to remove barriers in our built environment is critically important in the journey towards independence for persons with disabilities. Michael Gottheil, Executive Chair of Ontario’s new social justice tribunals cluster, and former Executive Chair of the Environment and Land Tribunals Ontario will discuss recent developments in land use planning law, and how the intersection between human rights and urban planning can promote inclusive, accessible communities.

John W. McDonald - Former American Ambassador to the United Nations Affairs, U.S. Chairman, International Year of Disabled Persons, 1981.

Ambassador McDonald will provide a historical perspective of the events leading to the International Year of Disabled Persons in 1981, the United Nations Decade for Disabled Persons 1983-1992, the Americans with Disabilities Act, and the 15 year battle to launch the UN Convention on the Rights of Persons with Disabilities ratified by Canadaon March 11, 2010.

Jennifer Stoddart –Privacy Commissioner of Canada

Privacy issues are increasingly a focus for legal questions people with disabilities bring toto Reach Canada. Ms. Stoddart will speak to the responsibility of employers, medical practitioners and individuals in protecting their personal records and information in an era of increased data-sharing and use of social media.

11:15A.M. .Question and Answer Session

11:30A.M. .Table Discussions on what we heard

12:15P.M. .Lunch

11:30 – 4:00 P.M. .Technology Fair

As the Ontarians with Disabilities Act is phased in, private and public-sector employers and service providers need to become familiar with their obligations to ensure accessibility in the workplace and the built environment and infrastructure. As a supplement to the conference,attendees will be able to visit the technology fair to learn about cutting edge technologies now being used to ensure accessibility and accommodation.

1:30P.M. Afternoon Plenary Panel and discussion: The Promise of Inclusion

Moderated by LieutenantColonel George Fraser, M.D., FRCPC

People with severe disabilities continue to face barriers to inclusion. The speakers will share their experiences and perspectives about living, working, parenting and participating in community life.

Alyse Schacter – Pre-med Student and Youth advocate

As a young person living with a mental illness, Alyse has courageously spoken out about stigma and the challenges she has faced since her diagnosis, at age 12, with 'severe-treatment-resistant-obsessive-compulsive disorder'. Over the last eight years she has spoken to the toughest audiences including police and high school students. Her, humour and intelligence have broken down barriers and made it OK to discuss even the most difficult aspects of her journey.

Ian Brown -Author, “The Boy in the Moon” and journalist

Ian Brown will share his family’s compelling story of life with his son, Walker, now an adolescent, who was born with a rare disorder, and the challenges of finding appropriate supports for him.

The Honourable Carolyn Bennett, PC, MP - Member of Parliament for St. Paul’s

Dr. Bennett will share her perspectives as a parliamentarian and family physician on the barriers people with severe disabilities face in accessing the supports they need to participate in the community.

2:30P.M. Question and Answer Session

3 2:45 P.M.Table Discussions on what we heard

3:15P.M. Closing Remarks

Co-Chairs Susan Scotti and Daniel Boivin
Susan Scotti – Co-Chair of Reach 30th Anniversary Conference Committee Susan Scotti is Senior Vice President Planning and Operations for the Canadian Council of Chief Executives (CCCE). A former senior executive with the government of Canada for over 30 years, Ms. Scotti has worked on social policy and programs in a wide array of departments and central agencies. As Senior Assistant Deputy Minister Income Security and Social Development with Human Resources and Development Canada until December, 2008, she was responsible for the Canada Pension Plan and Old Age Security Programs, as well as the Office of Disability Issues.

Daniel Boivin – Co-Chair of Reach 30th Anniversary Conference Committee and Partner at Gowlings. Daniel Boivin’s areas of practice are civil and administrative litigation, professional liability law, and health and commercial law. Daniel Boivin is an advocate before the Ontario Superior Court of Justice, the Ontario Court of Appeal, the Federal Court and the Supreme Court of Canada. He also teaches part time at the University of Ottawa, Faculty of Law.

The Honourable John D. Richard – Reach Honourary Chair and Former Chief Justice of the Federal Court of Appeal (ret’d). The Honourable John D. Richard was called to the Ontario Bar in 1959. He practiced law in Ottawa from 1960 to August 1994. He was appointed Queen's Counsel in 1976, andwas appointed to the bench on August 30, 1994. He was later appointed Associate Chief Justice of the Federal Court of Canada onJune 23, 1998. He was appointed Chief Justice of the Federal Court of Canada in November, 1999 and Chief Justice of the Federal Court of Appeal in 2003. He retired on July 30, 2009 by reason of the mandatory age requirement. He was appointed Honourary Chairperson of Reach Canadain 2009.

Chantelle Bowers – President of Reach Board of Directors and Executive LegalOfficer to the Chief Justice,Federal Court of Appeal. Chantelle Bowers has held various positions on the Reach Canada Board of Directors in the past 12 years, including Vice-President and Education Chairperson. She has a legal background in international law, as well as a focus on many aspects of administrative lawincluding human rights law. As a senior lawyer, she has occupied various positions within the federal public service and is currently servingas Executive Legal Counsel to the Chief Justice of the Federal Court of Appeal and the Court Martial Appeal Court of Canada.

David Lepofsky - is The Chair of the AODA Alliance. Mr. Lepofsky is the author of "Open Justice - the Constitutional Right to Attend and Speak About Criminal Proceedings in Canada," as well as a number of articles on constitutional and human rights topics.He has received many awards including: Investiture in the Order of Canada (1995), and the Order of Ontario (2007). He has been an active advocate for disability rights for many years.

Michael Gottheil – Executive Chair of the Social Justice Tribunals Cluster, Ontario, Former Chairperson of the Human Rights Tribunal. In 1991 he co-founded the Ottawa law firm of Engelmann Gottheil, where he practiced administrative law, focusing primarily on labour, employment and human rights. In 2005, he was appointed Chair of the Human Rights Tribunal of Ontario, where he led a major reform project, designing and implementing innovative dispute resolution procedures focused on access to justice, fairness and high quality, expert adjudication. In November 2009, he was named Executive Chair of the Environment and Land Tribunals Ontario, Ontario’s first cluster of adjudicative tribunals. He held that position until his recent appointment to the social justice tribunals cluster.

John W. McDonald, U.S. Ambassador, ret., is a lawyer, diplomat, international civil servant, development expert and peacebuilder, concerned about world economic and social issues. Ambassador McDonald was appointed Chairman of IYDP (International Year of DisabledPersons) in 1981. He later drafted a UN Resolution which led in 1982 to the UN Decade for Disabled Persons (1983-1992). The Americans with Disability Act grew out of this momentum. Ambassador McDonald was twice appointed ambassador by Presidents Carter and Reagan to UN Affairs. After 40 years in the US diplomatic service, he co-founded in 1992 the Institute for Multi-Track Diplomacy (IMTD) in Washington, D.C., which focuses on a systems approach to peacebuilding, including the Millennium goals for clean drinking water and sanitation as well as climate change.

Jennifer Stoddart – Privacy Commissioner, Office of the Privacy Commissioner of Canada. Jennifer Stoddart was appointed Canada's Privacy Commissioner in December 1, 2003, and reappointed in 2010. Since taking on this role, Commissioner Stoddart has overseen a number of important investigations, and become involved in global privacy issues Commissioner Stoddart was previously President of the Commission d'accès à l'information du Québec, . She has held several senior positions in public administration for the Governments of Québec and Canada, and has been active in the Canadian Bar Association. She is a member of the Québec Bar.

Dr. George A. Fraser. Dr. George A. Fraser, a retired military psychiatrist, currently works with the Canadian Forces Operational Trauma and Stress Support Centre inOttawa. He had postings to West Africa and West Germany (Chief of Psychiatry. Canadian Forces Europe). Later, as Assistant Professor of Psychiatry, he spent 17 years at the Royal Ottawa Hospital followed by 7 years as Medical Director of the Ottawa Anxiety and Trauma Clinic.

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Alyse Schacter – Youth advocate and speaker. Alyse Schacter has been the recipient of the Courage to Come Back award in 2007, from the Canadian Mental Health Foundation, and the 2010 Inspiration Award from the Royal Ottawa Foundation for Mental Health. Alyse Schacter is invited to speak Locally and Nationally about coping with disability. Alyse Schacter was diagnosed at the age of 12 with severe, treatment-resistant Obsessive Compulsive Disorder.

Ian Brown - Author and journalist. Mr. Ian Brown has published his very personal story of raising and connecting with his son who has a rare genetic disorder. Ian Brown’s son is unable to talk, eat normally and is prone to hitting himself. Ian Brown was the recipient of the 2010 Charles Taylor Prize for non-fiction. As a journalist Ian Brown has been the winner of several national magazine and newspaper awards.He is currently the host of Human Edge and The View from Here on TVOntario, and has hosted programming for CBC Radio One, including Later the Same Day, Talking Books, and Sunday Morning. He has also worked as a business writer at Maclean's and the Financial Post, a feature reporter for The Globe and Mail, and a freelance journalist for other magazines including Saturday Night.

The Honourable Carolyn Bennett, PC, MP - Member of Parliament for St. Paul’s. The Honourable Carolyn Bennett has been the Member of Parliament for St. Paul’s since 1997. She was Minister of State for Health in 2003. In her two years as Minister, she set up the Public Health Agency of Canada, appointed the first Chief Public Health Officer for Canada and established the Public Health Network which enabled all provinces and territories to work with the Federal Government on protecting the health of Canadians.She is a physician having practiced in Toronto prior to her election to the House of Commons. She has received many awards, including the first ever Canadian Alliance on Mental Illness and Mental Health (CAMIMH), Mental Health Champion Award in 1993.

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