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What About a Disability Rights Act for Canada? Practices and Lessons from America, Australia, and the United Kingdom Author(S): Michael J

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What About a Disability Rights Act for Canada? Practices and Lessons from America, Australia, and the United Kingdom Author(S): Michael J Canadian Public Policy What about a Disability Rights Act for Canada? Practices and Lessons from America, Australia, and the United Kingdom Author(s): Michael J. Prince Source: Canadian Public Policy / Analyse de Politiques, Vol. 36, No. 2 (June/juin 2010), pp. 199-214 Published by: University of Toronto Press on behalf of Canadian Public Policy Stable URL: http://www.jstor.org/stable/25702420 . Accessed: 15/01/2014 18:45 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. University of Toronto Press and Canadian Public Policy are collaborating with JSTOR to digitize, preserve and extend access to Canadian Public Policy / Analyse de Politiques. http://www.jstor.org This content downloaded from 142.157.26.24 on Wed, 15 Jan 2014 18:45:03 PM All use subject to JSTOR Terms and Conditions a What about Disability Rights Act for Canada? Practices and Lessons from America, Australia, and the United Kingdom Michael J. Prince Faculty ofHuman and Social Development University of Victoria,British Columbia Le gouvernementHarper et la plupartdes partis federaux sontd'accord avec Padoption d'une chartecanadienne des droits des personnes handicapees enmatiere d'acces a differentsservices. L'objectif de cette etude etait de tirer,de l'experience d'autres pays ayant adopte ce typede lois, des lesons qui pourraient etre utiles aux decideurs politiques canadiens. Pour ce faire, j'ai observe ce qui a ete fait aux Etats-Unis, enAustralie et au Royaume-Uni. Si de telles lois en matiere de droits des personnes handicapees semblent tresgeneralement considerees comme necessaires pour permettrede lever les obstacles et eliminer l'exclusion, l'experience montre qu'elles sont loin d'etre suffisantespour promouvoir l'acces des personnes handicapees a differents services. Parmi les autres outils de politiques publiques essentiels dans ce domaine, citons des programmes de soutien a Pemploi, des incitatifsfiscaux et la prestation de difiterentesformes directes de soutien. Mots clfo : incapacity legislation federate,droits, politique des mouvements sociaux The Harper government and most national political parties are committed to a federal act for dealing with accessibility rightsfor persons with disabilities. The purpose of thisarticle is to identifyprogressive lessons from countrieswith similar legislation for consideration by Canadian authorities. Countries surveyed are theUnited States, Australia, and theUnited Kingdom. While disability rights legislation iswidely accepted to be a necessary policy initiative in lightof ongoing barriers and exclusion, experience suggests that such laws are far from a sufficientresponse to promote access. Other policy instrumentsrequired include sup portive employment programs, tax incentives, and thedirect provision of basic supports. Keywords: disability, federal legislation, rights,movement politics Introduction employment, transportation, and housing for Canadians with disabilities" (Conservative Party of Canada Numerous countries world The Conservative Party of Canada has declared 2005, 16). wide have introduced measures on the thatas a federal government itwill "introduce legislative and needs of with disabilities. A a national disability act to promote reasonable ac rights persons House of Commons committee recommended in cess tomedical care,medical equipment, education, - Canadian Public Policy Analyse de politiques, vol. xxxvi, no. 2 2010 This content downloaded from 142.157.26.24 on Wed, 15 Jan 2014 18:45:03 PM All use subject to JSTOR Terms and Conditions 200 Michael J. Prince 2008 "that the federal government, in consultation ofCanadians with disabilities, lettingthe governing with provincial and territorial governments and party off the hook for other needed initiatives and stakeholders, continue to develop and implement moving on to the claims of other social groups. On a national disability act to promote and ensure the the other hand, if carefully designed, and in close inclusion of people with disabilities inall aspects of consultationwith disability groups across the coun Canadian society" (Standing Committee on Human try,a disability act could be a modest contribution Resources 2008, 3.17). Other federal parties made to advancing access and inclusion. Not an end in similar promises in the 2008 general election, and itself,a federal disability act should be a beginning theminority governments of Stephen Harper have in federal leadership on a wider disability agenda. reaffirmedtheir party platform to introduce a dis No doubt, negative sentiments toward the govern ability law. Federal government officials are now ment proposing this reform influence adherents of working on such a law, although, to date, this has both the firstand second viewpoints. not resulted in federal legislation. A thirdresponse is favourable, even enthusiastic Activists and groups in theCanadian disability in some parts of themovement, with strong com movement have responded to the idea of a federal mitment to the idea of a federal disability act. Here, disability act in threeways. One response is that people positively identifywith the idea of disability such legislation is unnecessary and,more seriously, legislation,believing itcan energize themovement, holds certain legal and political risks (McCallum raise public awareness, and help forge alliances 2006). Critical concerns are that rather thanmain throughan inclusive policy development process, stream, such legislationmay ghettoize disability as as illustratedby legislative and political experiences a social policy area; thatthe Conservative's promise inOntario during the early 2000s (Lepofsky 2004). ignores jurisdictional issues of the division of re Enthusiastic supportersmay also see a federal dis sponsibilities between federal and provincial orders ability act as an opportunity to formulate a modern of government; that such a law risks sidestepping definition of disability informedby a social model, Charter ofRights and human rightsguarantees; that thereby supplementing the Canadian Charter of disability groups have higher priorities and this Rights and Freedoms as well as federal and prov legislation reformprocess detracts frommobilizing incial human rights codes. efforts to achieve other concrete social program reforms;and that,since this legislation is limited to These differing reactions to a federal disability federal jurisdictions, it risks ignoringmore press law pose challenges for the disability movement ing needs or objectives of certain groups in the in building a consensus, bringing various groups disability community.For example, theDeaf com together to communicate a message to government munity is seeking tohave American Sign Language officials, and in raising public understanding of and Langue des Signes Quebecoise included in the disability issues. Accordingly, this article reviews Official Languages Act. internationalexperiences on the role and nature of such legislativemeasures formeeting theneeds of A second response is a mix ofmild support and people with disabilities. A qualitative, comparative mild concerns. Ambivalent supporters express a policy analysis, the research examines the experi qualified yes to thisreform option, seeing itas some ences ofAustralia, theUnited States, and theUnited what useful for people with disabilities although Kingdom. Through a selective and integrative lit tangential to the core priorities of the disability erature review of the three countries, the analysis movement (Gordon and Hecht 2006). They worry summarizes existing research, highlights issues of thatgovernment officials might regard such a legis policy and practice, and draws lessons forCanada lative initiativeas theirmajor response to theneeds from internationalexperiences. Literature fromfour - Canadian Public Policy Analyse de politiques, vol. xxxvi, no. 2 2010 This content downloaded from 142.157.26.24 on Wed, 15 Jan 2014 18:45:03 PM All use subject to JSTOR Terms and Conditions What about a Disability Rights Actfor Canada? 201 fields is examined: disability studies, law and hu in the disability policy domain, complex relation man rights,political science, and public and social ships along interdepartmental(e.g., health and social policy. The basic question under consideration is: services), intersectoral (public, private, and com What is the impact of disability rights legislation munity), and interbranch(judicial, executive, and on accessibility for persons with disabilities to a legislative) lines?relationships thatconfound pub range of services addressed by such laws? Given lic accessibility, service provision, accountability, the significance of federalism forwhat could be in and policy coherence and innovation (Prince 2004). a Canadian statuteon the rightsof persons with dis abilities, thequestion of intergovernmentalrelations is also considered. The Americans with Disabilities Act of 1990 and AD A AmendmentsAct of 2008 Canada shareswith Australia, theUnited States, and theUnited Kingdom the fundamental features When enacted in 1990, the Americans with Dis of being a liberal democracy with a market econ abilities
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