Submission to the Committee on the Rights of Persons with Disabilities

Cat. No.: HR4-117/2024E-PDF
ISBN: 978-0-660-70476-0

Executive summary

As the designated monitoring mechanism of the Government of Canada’s implementation of the rights and obligations enshrined in the Convention on the Rights of Persons with Disabilities (CRPD), the CHRC is committed to ensuring continued progress in the protection of human rights. It is in the spirit of constructive engagement that the CHRC submits this report to the Committee on the Rights of Persons with Disabilities in advance of its development of the list of issues prior to reporting.

Equality and Non-Discrimination (Article 5)

The CHRC, in collaboration with the Canadian Association of Statutory Human Rights Agencies (CASHRA) and organizations representing persons with disabilities, developed a series of reports on Canada’s implementation of the CRPD. These reports found that, across Canada, more complaints of discrimination cite the ground of disability than any other prohibited ground of discrimination. The report also found that most disability complaints are related to employment, and that people living with mental health disabilities face significant barriers in employment and in accessing services.

Accessibility (Article 9)

The CHRC welcomed the passage of the Accessible Canada Act (ACA) and the appointment of an Accessibility Commissioner. The CHRC noted concerns that the ACA does not require more than one accessibility regulation to be put in place, nor does it include specific time requirements or accountability measures linked to the implementation of each regulation, and that its language leaves it open for its goals to be implemented in a lackluster manner.

Recommended Question #1:

Please provide details regarding the regulatory process under the ACA, including information about anticipated regulations and timelines for enactment and implementation.

The CHRC also noted that the ACA currently does not clearly apply on First Nations reserves which are governed by the Indian Act. The CHRC urged the government to work quickly towards the inclusion of First Nations peoples in accessibility legislation.

Recommended Question #2:

Please provide details regarding plans to ensure that accessibility legislation applicable to First Nations communities is enacted and/or implemented. Further, please provide details of steps being taken to ensure that such legislation is consistent with the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

The CHRC also highlighted concerns over the lack of consistent, ongoing and appropriate funding to facilitate the participation of persons with disabilities and their representative organizations in consultations and other activities.

Recommended Question #3:

Please provide details of the steps being taken to ensure that persons with disabilities and their representative organizations are able to fully engage with the process of implementation of the ACA, including resources that will be made available for this purpose.

Employment (Article 27)

The CHRC noted that persons with disabilities continue to face barriers and stigma in work and employment. The CHRC urged that these employment related concerns be addressed.

Recommended Question #4:

Please provide details of efforts to address barriers to employment for persons with disabilities. What steps are being taken to foster inclusion and address workplace cultures that create barriers to employment for persons with disabilities? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

Education (Article 24)

The CHRC noted that systemic social and institutional barriers to accessing education faced by persons with disabilities have a negative impact on their educational attainment, training, employment, career path and overall well-being.

Recommended Question #5:

Please provide details of efforts to address barriers to education for persons with disabilities. What steps are being taken to foster inclusive learning environments and to prevent and combat bullying? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

Adequate Standard of Living (Article 19)

The CHRC noted that persons with disabilities continue to experience a combination of social and economic disadvantage. The CHRC also noted the profound impact on people who face intersectional discrimination. The CHRC welcomed the passage of federal housing and anti-poverty legislation and the appointment of a Federal Housing Advocate, and was encouraged that persons with disabilities be made a primary focus in the National Housing Strategy. The CHRC also noted that the federal anti-poverty legislation does not designate an appropriate independent oversight body with human rights expertise to examine systemic poverty issues. The CHRC urged that federal housing and anti-poverty legislation be planned, resourced and coordinated across issues and equality initiatives, and across different sectors of society.

Recommended Question #6:

Please provide details about implementation of the housing and poverty legislation and strategies, and the anticipated impact on persons with disabilities. What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

The CHRC also supported the addition of an additional ground to the Canadian Human Rights Act (CHRA) to address discrimination based on economic and social disadvantage. This could better address systemic discrimination and protect individuals or groups whose lived experience may not fit within the current enumerated grounds.

Recommended Question #7:

Given the prevalence of economic and social disadvantage among persons with disabilities and the resulting discrimination faced by these individuals, has Canada given consideration to adding an appropriate ground to the CHRA – such as social condition – to protect individuals from discrimination relating to their economic and social status, as recommended by the UN Committee on Economic, Social and Cultural Rights?

Indigenous Persons with Disabilities (Articles 5, 6, 7, 17 & 19)

The CHRC noted the severity of the human rights situation faced by Indigenous peoples in Canada. The CHRC also noted the lack of funding for and resulting inadequacy of programs and services on reserves. The CHRC acknowledged recent Tribunal rulings and legislation that addressed some of these gaps, but noted that the chronic underfunding of essential services can be attributed to the legacy of colonialism and the intergenerational effects of trauma and genocide, and contributes to the violence faced by vulnerable groups.

Recommended Question #8:

Please provide details of the steps being taken to ensure that services for those with disabilities in First Nations communities are equitable, adequate and appropriate. What steps are being taken by Canada to implement the recommendations made by the National Inquiry into Missing and Murdered Indigenous Women and Girls relating to the accessibility of health and wellness services?

The CHRC noted the disproportionate rate of suicide among Indigenous populations, and attributed it to many factors, including the lingering effects of the residential school system, the ways that child welfare services are delivered, and the social and economic marginalization of Indigenous peoples more broadly.

Recommended Question #9:

Please provide details of the steps being taken to address the issue of Indigenous youth suicide, including information about efforts to ensure that culturally-appropriate mental health services are available in Indigenous communities.

The CHRC mentioned the history of sterilization policies in Canada and the continued experiences of Indigenous women with forced or coerced sterilization in Canada’s health care systems. The CHRC acknowledged calls from the international community as well as civil society organizations to take urgent action on this issue.

Recommended Question #10:

Please provide details of the steps being taken to respond to ongoing allegations about the forced or coerced sterilization of Indigenous women in Canada. What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

Persons Deprived of Their Liberty (Articles 14 & 15)

The CHRC noted the recent and disproportionate growth in the population of people with disabilities in federal prisons, as well as Indigenous prisoners and visible minority^{Footnote 1} groups. The CHRC highlighted concerns of “overpolicing” and increases of reports of injurious and deadly interactions with police among Indigenous, Black and other racialized individuals.

The CHRC also noted the lack of appropriate capacity, resources and infrastructure to manage serious mental health conditions in correctional institutions, particularly in women’s institutions, and the resulting likelihood of placement in maximum security and engagement in self-injurious or suicidal behaviour. The CHRC highlighted calls to explore options in health care facilities as an alternative to incarceration for people with disabilities.

Recommended Question #11:

Please provide disaggregated information about the situation of inmates with disabilities in federal prisons, including the number of such inmates and the health care services that are made available.

The CHRC also mentioned concerns that prisoners with opioid use disorder experience systemic discrimination, including lack of access to treatment and health care services.

Recommended Question #12:

Please provide information about the steps being taken to ensure that inmates with substance use disorders are provided with adequate and appropriate health care in federal prisons.

The CHRC mentioned concerns with the “structured intervention units” (SIUs) regime in correctional institutions, including the failure to recognize that some inmates should never be placed in isolation, the addition of internal reviews (which impact institutional responsiveness to the needs of people with disabilities), and the breadth of discretion granted to the Correctional Service of Canada (CSC) to decide whether, when and for how long an inmate should be confined in isolated and restrictive conditions. The CHRC urged the implementation of an external review to ensure that the human rights of inmates are protected.

Recommended Question #13:

Please provide information about the operation of SIUs in federal prisons, including the number of inmates held in SIUs, the proportion of those inmates who have identified mental health related needs, the length of stay in an SIU, and the number of times CSC refused to follow the recommendation of a health care provider to release someone from an SIU.

Legal Capacity (Article 12)

The CHRC raised Canada’s reservation to article 12 of the Convention on the Rights of Persons with Disabilities (CRPD), as well as calls to withdraw it. The CHRC noted that people with psychosocial and/or intellectual disabilities are often vulnerable to having their legal capacity questioned by others, restricted, or removed altogether, and view substitute decision-making as a denial of personhood which further marginalizes persons with disabilities. The CHRC also notes that there is uneven access to and recognition of supported decision-making, and that the use of substitute decision-making regimes is still the norm. As a result, many individuals with psychosocial and/or intellectual disabilities are denied legal capacity. Little progress has been made in moving to decision-making systems that respect the dignity and autonomy of persons with disabilities.

Recommended Question #14:

Please provide information on the steps that Canada has taken to move towards full implementation of article 12. When does Canada anticipate that it will be in a position to remove its reservation to this article? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

American Sign Language, Quebec Sign Language and Indigenous Sign Languages (Article 21)

The CHRC noted that Deaf persons in Canada continue to experience systemic discrimination and institutional barriers affecting their full and equal participation in Canadian society. These barriers include a lack of captioning and interpretative services that impede their inclusion in different areas of life.

Recommended Question #15:

Please provide details of the steps being taken to address the ongoing barriers and prevent new barriers from affecting the full and equal participation of Deaf persons in Canadian society.

Access to Election Process (Article 29)

CHRC noted concerns regarding the inaccessibility and exclusionary nature of Canada’s election process. Alternative methods of voting which aim to eliminate some barriers for people with disabilities have yet to be widely implemented across jurisdictions.

Recommended Question #16:

Please detail the steps being taken to ensure that persons with disabilities are able to participate in the 2019 federal election in an accessible manner. What steps is Canada taking to reduce barriers to participation in the democratic process for persons with disabilities more generally? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

Service Dogs (Articles 9, 19 & 20)

The CHRC noted the challenges faced by service dog users in Canada, and that there is currently no uniform definition or standard with respect to how service dogs are to be trained or whether proof of training or certification is required for their use.

Recommended Question #17:

Please provide details of efforts being undertaken to ensure that users of service dogs are able to live, work and fully participate in their communities. Has consideration been given to developing national standards for the training and identification of service dogs? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

Medical Inadmissibility (Article 18)

The CHRC acknowledged concerns regarding medical inadmissibility rules in Canada, which some feel unfairly targets persons with disabilities and their immediate family members in Canada’s immigration system. These practices continue to perpetuate negative stereotypes that devalue persons with disabilities and violate the human rights of would-be newcomers to Canada.

Recommended Question #18:

What steps is Canada taking to review the medical inadmissibility requirements in the Immigration and Refugee Protection Act (IRPA), in particular the provision related to “excessive demand”?

Intersex, Trans and Gender Diverse Individuals (Article 25)

The CHRC expressed concerns about the medical model that gatekeeps critical health and social services for intersex, trans and gender diverse people. The CHRC reiterated UN observations that the full depathologization of trans and gender diverse people is yet to be achieved, and that equal access to health care services is yet to be guaranteed.

Recommended Question #19:

Please detail the steps being taken to ensure that intersex, trans and gender diverse individuals are not harmed by medical interventions, and that they are able to access services in a non-discriminatory manner, including by, where necessary, removing the requirement for individuals to seek or receive a diagnosis of having a disability of mental illness.