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    • July 28, 2016

      Hello,

      ARCH Disability Law Centre is pleased to send you the latest issue of the ARCH Alert - Volume 17, Issue 1 – June 29, 2016.

      INSIDE THIS ISSUE

      •       ARCH is Moving on July 15th!!
      •       Schedule 1 Class Action Claims Period Has Started
      •       Update on Medical Assistance in Dying Legislation
      •       ARCH Intervenes in Constitutional Challenge to Mental Health Act at the Court of Appeal for Ontario
      •       Access Awareness 2016
      •       Reflections on Jeff Nisker's Novel Patiently Waiting For…
      •       An Important Case for Students with Mental Health Disabilities
      •       Positive Changes to the ODSP's Medical Review Process
      •       Proposed Safe Injection Sites in Toronto
      •       First Nations Child Welfare Decision Significant for First Nations and Disability Communities
      •       Via Rail Has a New Support Person Policy
      •       Sammy Yatim Decision Highlights Need for Improved Police Interactions with Persons with Mental Health Disabilities
      •       Personal Support Worker Registry Closed
      •       Concerns Remain Despite Recent Changes to the Mental Health Act
      •       ARCH Library Update
      •       ARCH on Social Media

      To access the ARCH Alert in text, word and PDF formats, copy and paste or select the link directly below:

      http://www.archdisabilitylaw.ca/node/1133

      You received this email because you are an ARCH member or you subscribed to the ARCH Alert or other electronic information from ARCH via our website, email or phone, or you signed up at a workshop or conference.

      If you do not want to receive the ARCH Alert or other electronic information from ARCH, you can unsubscribe by using the link at the bottom of this page.

      If you need legal advice or information, please do not reply to this email. Please contact ARCH by phone or TTY:

      Tel.: 416-482-8255 Toll-free: 1-866-482-2724
      TTY: 416-482-1254 Toll-free: 1-866-482-2728

      If, due to your disability, you are unable to contact ARCH by phone or TTY, please email ARCH at archlib@lao.on.ca

    • July 26, 2016

      Dear Students,

      We are excited to be sharing with you that we are conducting a study 
      to learn how university and college students with disabilities use 
      online communities and what their needs are related to these tools.

      The purpose of the study is to assess post-secondary education (PSE) 
      students with disabilities' uses and needs related to online 
      communities (e.g., social networking tools such as Twitter and 
      Facebook) and electronic mentoring (e-mentoring) opportunities. This 
      study will help us to gain a better understanding of how PSE students 
      with disabilities use online communities and what they need to 
      support their success while attending university or college. It will 
      also inform the development of an online network for PSE students 
      with disabilities. This network will provide opportunities for 
      learning, online community building, and e-mentoring. Benefits to 
      participation include the opportunity to share your thoughts and 
      perceptions about the development of such an online network for PSE 
      students with disabilities.

      This research is being conducted by investigators from George Brown 
      College and the University of Ontario Institute of Technology with 
      the assistance of the National Educational Association of Disabled 
      Students (NEADS). This study has received research ethics approval 
      from the Research Ethics Board at George Brown College (REB file # 
      6004178) on 15/11/2015. If you have any questions about the study or 
      your rights as a participant, complaints or adverse events, please 
      contact the principal investigator, Charles Anyinam at 416-415-5000 
      ext. 6038 or canyinam@georgebrown.ca OR Barbara Godfrey, Chair, REB 
      at 416-415-5000 ext 3667 or bgodfrey@georgebrown.ca. This study has 
      been approved by the UOIT Research Ethics Board REB (Protocol 15-088) 
      on 21/03/2016. Any questions regarding your rights as a participant, 
      complaints or adverse events may be addressed to Research Ethics 
      Board through the Ethics and Compliance Officer - compliance@uoit.ca 
      or 905.721.8668 x. 3693.

      We invite you to participate and provide your feedback about online 
      communities and e-mentoring by completing the questionnaire. The 
      questions will be available to you through a secure, accessible 
      online survey tool called Survey Monkey. We anticipate it will take 
      about 5-10 minutes to complete the questionnaire. The questionnaire 
      is completely anonymous and your participation in the study is 
      voluntary. You can choose to not participate by not responding to 
      this email or not submitting your responses if you start the questionnaire.

      If you would like to participate in this study or find out more about 
      it, please go to the following internet link: 
      https://www.surveymonkey.com/r/W56CWCH

      Thank you for considering this invitation,

      The Research Team

      See more at: http://www.neads.ca/en/about/media/index.php?id=392#sthash.XwRsv4KP.dpuf

    • July 07, 2016
      AODA Alliance online lectures

      Would you like to learn all about the history, strategies, goals, gains, and
      future priorities of Ontario's vibrant and tenacious grassroots disability
      accessibility movement? Here is a great way you can do so from the comfort
      of your own home or office, or on a smart phone or tablet device. And it's
      fully accessible!



      In January and early February 2014, David Lepofsky, chair of the
      Accessibility for Ontarians with Disabilities Act Alliance, served as a
      visiting Roy McMurtry Clinical Fellow at the Osgoode Hall Law School at
      Toronto's York University. As part of this Fellowship, he delivered a series
      of 12 lectures in different classes at the Law School and elsewhere around
      the University, on a full range of different topics concerning the long
      campaign up to early 2014, to make Ontario fully accessible to all persons
      with disabilities. 



      These are now organized into a sequential on-line lecture series, for your
      enjoyment. A short introductory lecture is added to get you started. They
      are all available on YouTube and have been captioned. 



      From 1994 to 2005, David Lepofsky chaired the Ontarians with Disabilities
      Act Committee. The ODA Committee led the non-partisan province-wide campaign
      in Ontario from 1994 to 2005 to win the enactment of new accessibility
      legislation. From 2009 to the present, he has chaired the successor
      Accessibility for Ontarians with Disabilities Act Alliance. The AODA
      Alliance is the non-partisan community coalition that campaigns to get the
      Accessibility for Ontarians with Disabilities Act effectively implemented
      and enforced.  



      These lectures are available as a continuing playlist, or you can watch
      whichever individual lecture you wish. We recommend that you watch them in
      the sequence listed below. However you can still enjoy and benefit from them
      in whatever order you wish. 



      For many of these lectures, the audience was comprised of law students.
      However the lectures' content is designed to be easily and readily enjoyed
      and used by anyone, whether or not you are in Ontario or Canada, whether or
      not you have studied law, and whether or not you know anything about
      disability accessibility issues. We hope these lectures will be helpful for
      anyone interested in disability issues, or in community organizing and
      advocacy, or in the history and dynamics of social change and social
      justice. 



      Below we set out a list of each lecture with a title, description and link
      to the YouTube video. We also include links to relevant resources that will
      enrich your enjoyment of each lecture. Finally, we give you some other links
      to useful other resources.



      We welcome your feedback on these lectures. Did you find them helpful? How
      have you made use of them? Email us at aodafeedback@gmail.com



      We express our deep gratitude to Osgoode Hall Law School, and to all the
      professors listed in the descriptions listed below, for welcoming these
      lectures into their classes,, for captioning them, and for posting them on
      YouTube.             



      Description of Each Lecture and Related Resources 



      Brief Introduction to the Lecture Series 



      Introduction to 2014 David Lepofsky Osgoode Hall Law School Lectures on
      Advocating for Disability Rights



      YouTube Link:
      http://www.youtube.com/watch?v=-L26ZU5p5qY&feature=share&list=PLDGgB77j2ZYrl
      _rtpe32nSjOXfrDAGvnn 



      Description: David Lepofsky gives a brief introduction to this 12-part
      series of lectures on disability accessibility and disability rights
      advocacy.



      Lecture 1  



      A personal Perspective on the 1980-82 Advocacy to Amend the Canadian Charter
      of Rights to Protect Disability Equality



      YouTube Link:
      http://www.youtube.com/watch?v=XrYzAAKXOrc&list=PLDGgB77j2ZYrl_rtpe32nSjOXfr
      DAGvnn&feature=share&index=1 



      Description: In this January 22, 2014 guest-lecture in Prof. Richard Haigh's
      State and Citizen  course at Osgoode Hall Law School, disability rights
      activist David Lepofsky recounts his volunteer advocacy efforts in 1980-82,
      as one of many who successfully campaigned to get Section 15 of the Canadian
      Charter of rights and Freedoms amended to protect disability equality. He
      was one of many who successfully fought to win the disability amendment to
      section 15 of the Charter of Rights. This lecture gives his personal
      recollections of his own involvement in that campaign. 



      You can also watch David Lepofsky's December 12, 1980 presentation to the
      Joint Committee of the Senate and House of Commons of Canada on the
      constitution of Canada by visiting  http://is.gd/CDBdmJ 



      Lecture 2



      History of the 1994-2005 Grassroots Campaign to Win the Accessibility for
      Ontarians with Disabilities Act



      YouTube Link:
      http://www.youtube.com/watch?v=VA1VSPgbzMg&list=PLDGgB77j2ZYrl_rtpe32nSjOXfr
      DAGvnn&feature=share&index=2 



      Description: In a January 14, 2014 lecture to York University's Introduction
      to the Critical Disabilities Studies course (taught by Prof. Geoffrey
      Reaume), David Lepofsky describes a 10-year Ontario grassroots community
      advocacy campaign from 1994 to 2005 that led to the Ontarians with
      Disabilities Act and Accessibility for Ontarians with Disabilities Act, to
      address accessibility for people with disabilities. He describes the
      non-partisan Ontarians with Disabilities Act Committee's goals, strategies
      and many uphill challenges.



      For an exhaustive resource on the advocacy efforts of the Ontarians with
      Disabilities Act Committee from 1994 to 2005, that led to the enactment of
      the Ontarians with Disabilities Act 2001 and later the Accessibility for
      Ontarians with Disabilities Act 2005, visit the ODA Committee's website at
      www.odacommittee.net Even though the ODA Committee has wound up, and been
      succeeded by the AODA Alliance, we have preserved the ODA Committee's
      website on line as a legacy, and as a public record of the long and arduous
      fight to win those new laws.





      Lecture 3



      Designing the Accessibility for Ontarians with Disabilities Act  from 2003
      to 2005 - What Regulatory Powers Should a Strong Disability Accessibility
      Law Include?



      YouTube Link:
      http://www.youtube.com/watch?v=_83CX9ffWvw&feature=share&list=PLDGgB77j2ZYrl
      _rtpe32nSjOXfrDAGvnn&index=3 



      Description: In a January 15, 2014 lecture to Osgoode Hall Law School's
      Advanced Regulatory Policy seminar (taught by Dean Lorne Sossin), David
      Lepofsky describes what Ontarians with disabilities wanted the Ontario
      Government to include in the Accessibility for Ontarians with Disabilities
      Act 2005, policy analysis that led to this platform, what they won in 2005,
      and reforms they sought since 2005. This focuses on the challenge of
      deciding what specific ingredients to include in a new disability
      accessibility law to make it strong and effective. 





      To read the Ontarians with Disabilities Act Committee's June 28, 2004
      Discussion Paper, referred to in this lecture, entitled "Putting Teeth Into
      The Ontarians With Disabilities Act: A Discussion Paper On Options For
      Creating An Effective Compliance / Enforcement Process For The ODA", visit
      http://odacommittee.net/ODA_Discussion_Paper.html  



      Lecture 4



      From 2005 to 2014, What Progress in Ontario Towards Full Accessibility for
      People with Disabilities?



      YouTube Link:
      http://www.youtube.com/watch?v=WNCCCIfaXCA&list=PLDGgB77j2ZYrl_rtpe32nSjOXfr
      DAGvnn&feature=share&index=4 



      Description: In his February 3, 2014 open lecture to students at the Osgoode
      Hall Law School, David Lepofsky critically examines Ontario's progress
      towards becoming fully accessible to persons with disabilities, since the
      enactment of the Accessibility for Ontarians with Disabilities Act 2005. How
      much progress have we made? Has Ontario's disability accessibility law lived
      up to its expectations? Where has it fallen short?



      Lecture 5



      Ontario's Slow Progress Toward Fully Accessible Transportation for People
      with Disabilities -The Challenge of Getting Accessibility Barriers in
      Ontario's Transportation System Removed and Prevented

      YouTube Link:
      http://www.youtube.com/watch?v=guOau7bfd7Q&feature=share&list=PLDGgB77j2ZYrl
      _rtpe32nSjOXfrDAGvnn&index=5 



      Description: In his January 23, 2014 lecture to the Policy Course in York
      University's Critical Disabilities Studies program taught by Prof. Rachel
      Gorman, David Lepofsky provides an in-depth exploration of the gains made
      and obstacles encountered in grassroots disability community efforts to use
      the Accessibility for Ontarians with Disabilities Act 2005 to tear down
      barriers impeding persons with disabilities in Ontario when seeking to use
      transportation services like public transit or taxis.



      To download in MS Word format the May 28,2007 initial proposal for a
      Transportation Accessibility Standard that the Transportation Standards
      Development Committee recommended, visit
      http://www.aodaalliance.org/strong-effective-aoda/InitialProposedAccessibleT
      ransportStandardMay291.doc 



      To read the AODA Alliance's August 13, 2007 brief on the initial proposal
      for a Transportation Accessibility Standard, visit
      http://www.aodaalliance.org/strong-effective-aoda/08132007-Support-BriefOnPr
      oposedTransportationAccessibilityStandard.asp 



      To read the final proposed Transportation Accessibility Standard that the
      Transportation Standards Development committee recommended to the Ontario
      Government early in 2009, visit
      http://www.aodaalliance.org/strong-effective-aoda/03172009.asp  



      To read the AODA Alliance's April 8, 2009 brief to the Ontario Government on
      the Transportation Standards Development Committee's final proposal for a
      Transportation Accessibility Standard under the AODA, visit
      http://www.aodaalliance.org/strong-effective-aoda/04082009.asp 



      To download and read the AODA Alliance's March 11, 2011 final brief to the
      Ontario Government on the proposed 2011 Integrated Accessibility Standard
      Regulation (which included transportation accessibility requirements), visit
      http://www.aodaalliance.org/docs/0311%20-BRIEF%20OF%20THE%20AODA%20ALLIANCE%
      20FEBRUARY%201%202011.doc 



      To download and read the Integrated Accessibility Standard Regulation
      enacted on June 3, 2011 under the AODA, including requirements for
      transportation accessibility, visit
      http://www.aodaalliance.org/strong-effective-aoda/IAS_word.doc 

      Lecture 6



      Using the Ontario Human Rights Code to Force the Toronto Transit commission
      to Reliably Announce all Bus & Subway Stops for Blind Riders - Lepofsky v
      TTC



      YouTube Link:
      http://www.youtube.com/watch?v=QV_yG-fchNk&feature=share&list=PLDGgB77j2ZYrl
      _rtpe32nSjOXfrDAGvnn&index=6 



      Description: In his January 24, 2014 lecture to Osgood Hall Law School's
      Disability Rights Intensive course taught by Prof. Roxanne Mykitiuk and
      Marion MacGregor, David Lepofsky describes his 13-year saga to force the
      Toronto Transit Commission to audibly announce all subway, bus and streetcar
      routes to accommodate the needs of blind passengers like himself. This
      included his 2 discrimination cases   at Ontario's Human Rights Tribunal
      against the TTC, Lepofsky v. TTC #1 (2005) and Lepofsky v. TTC #2 (2007).



      The various rulings in Lepofsky v. TTC #1 (regarding the effort to get TTC
      to audibly announce all subway stops) include:



      Interim Decision of Hon. Alvin B. Rosenberg dated April 18, 2005: Lepofsky
      v. Toronto Transit Commission, 2005 HRTO 12 (CanLII) available at
      http://www.canlii.org/en/on/onhrt/doc/2005/2005hrto12/2005hrto12.html?search
      UrlHash=AAAAAQAITGVwb2Zza3kAAAAAAQ



      Interim Order of Hon. Alvin B. Rosenberg dated June 30, 2005:  Lepofsky v. 

      Toronto Transit Commission, 2005 HRTO 20 (CanLII), available at
      http://www.canlii.org/en/on/onhrt/doc/2005/2005hrto20/2005hrto20.html



      Interim Order of Hon. Alvin B. Rosenberg dated July 7, 2005:  Lepofsky v. 

      TTC, 2005 HRTO 21 (CanLII), available at
      http://www.canlii.org/en/on/onhrt/doc/2005/2005hrto21/2005hrto21.html?search
      UrlHash=AAAAAQAITGVwb2Zza3kAAAAAAQ



      Final Decision of Hon. Alvin B. Rosenberg dated September 29, 2005: Ontario
      Human Rights Commission v. Lepofsky, 2005 HRTO 36 (CanLII) available at
      http://www.canlii.org/en/on/onhrt/doc/2005/2005hrto36/2005hrto36.html?search
      UrlHash=AAAAAQAITGVwb2Zza3kAAAAAAQ



      The various rulings in Lepofsky v. ttc #2 2007 (regarding the effort to get
      TTC to audibly announce all bus and street car stops) include:



      Interim Order of Hon. Alvin B. Rosenberg dated July 26, 2007:  Lepofsky v.
      TTC, 2007 HRTO 23 (CanLII), available at
      http://www.canlii.org/en/on/onhrt/doc/2007/2007hrto23/2007hrto23.html?search
      UrlHash=AAAAAQAITGVwb2Zza3kAAAAAAQ



      Final Decision of Hon. Alvin B. Rosenberg dated November 21, 2007:  Lepofsky
      v. 

      Toronto Transit Commission, 2007 HRTO 41 (CanLII), available at
      http://www.canlii.org/en/on/onhrt/doc/2007/2007hrto41/2007hrto41.html?search
      UrlHash=AAAAAQAITGVwb2Zza3kAAAAAAQ 



      Lecture 7



      Making Courts and Mediations Accessible for People with Disabilities



      YouTube Link:
      http://www.youtube.com/watch?v=p3d73LGpGXY&feature=share&list=PLDGgB77j2ZYrl
      _rtpe32nSjOXfrDAGvnn&index=7 



      Description: In this January 21, 2014 lecture to Osgoode Hall Law School's
      Negotiations and Mediation Seminar taught by Prof. Martha Simmons, David
      Lepofsky describes specific strategies for ensuring that persons with
      disabilities can fully participate in court proceedings and in mediation and
      negotiations processes connected with litigation.



      To learn more about the barriers that impede many persons with disabilities
      from full access to and participation in court proceedings, and strategies
      for removing and preventing these barriers, read "Making Ontario's Courts
      Fully Accessible to Persons with Disabilities - the December 2006 Report of
      the Ontario Courts Disabilities Committee (The Weiler Report), available at
      http://www.ontariocourts.ca/accessible_courts/en/report_courts_disabilities.
      htm    



      Lecture 8



      Practical Strategies for Community Organizing  and Community Advocacy-
      Lessons from Ontario's Grassroots Disability Accessibility Campaign



      YouTube Link:
      http://www.youtube.com/watch?v=zR6qKBC_j58&list=PLDGgB77j2ZYrl_rtpe32nSjOXfr
      DAGvnn&feature=share&index=8 



      Description: In this January 31, 2014 lecture in Osgoode Hall Law Schools
      Law and Discrimination Intensive course taught by Prof. Bruce Ryder, David
      Lepofsky describes practical tips for effective community organizing and
      advocacy, drawn from the experience of Ontario's grassroots campaign from
      1994 to the present to make Ontario accessible for persons with
      disabilities.



      Lecture 9



      How to Negotiate For a Community Not an Individual - tips from Experience in
      Ontario Disability Accessibility Advocacy



      YouTube Link:
      http://www.youtube.com/watch?v=01A0ZgvhI8M&list=PLDGgB77j2ZYrl_rtpe32nSjOXfr
      DAGvnn&feature=share&index=9 



      Description: In this January 21, 2014 lecture to Osgoode Hall Law School's
      Negotiations seminar taught by Prof. Martha Simmons, David Lepofsky reviews
      some of the unique challenges and strategies facing a grassroots community
      organization when it is negotiating with a government over new laws to
      protect the rights of persons with disabilities. How does it differ from
      efforts at negotiating on behalf of an individual. 



      Lecture 10



      The Battle for Ontario's Disability Accessibility Laws- Lessons Learned
      about Law, Lawyering, Legal Education and Scholarship



      YouTube Link:
      http://www.youtube.com/watch?v=d5Dwb0h8wHg&list=PLDGgB77j2ZYrl_rtpe32nSjOXfr
      DAGvnn&feature=share&index=10 



      Description: In a January 29, 2014 Osgoode Hall Law School Faculty Seminar,
      David Lepofsky reflects on what 20 years of disability advocacy taught him
      about law, lawyering, legal education and legal scholarship. 



      To read the Toronto Star's January 29, 2014 article on a troubling
      disability accessibility barrier in transportation, referred to in this
      lecture, visit
      http://www.aodaalliance.org/strong-effective-aoda/01312014.asp  



      Lecture 11



      The Next Steps in Early 2014 in the Grassroots Campaign to Make Ontario
      Disability-Accessible - What Goals? What Strategies?



      YouTube Link:
      http://www.youtube.com/watch?v=P6ckGAOu1Ho&list=PLDGgB77j2ZYrl_rtpe32nSjOXfr
      DAGvnn&feature=share&index=11 



      Description: At this February 4, 2014 York University public forum on
      disability accessibility, describes the immediate Ontario Government action
      needed to get Ontario back on schedule for full accessibility by 2025. He
      details strategies for grassroots action.



      To read the AODA Alliance's January 26, 2014 Action Kit for raising
      disability accessibility issues in the two Ontario February 13, 2014
      by-elections, visit
      http://www.aodaalliance.org/strong-effective-aoda/01272014.asp 



      To read the 9 priorities for immediate accessibility action that the AODA
      Alliance made public on December 3, 2013, visit
      http://www.aodaalliance.org/strong-effective-aoda/12032013.asp Full Title:
      Ethical Lawyering in a Global Community - 



      Lecture 12



      Community Organizing and Social Justice Advocacy - An Integral part of
      Ethical Lawyering



      YouTube Link:
      http://www.youtube.com/watch?v=uUqdaqgbu0s&feature=share&list=PLDGgB77j2ZYrl
      _rtpe32nSjOXfrDAGvnn&index=12 



      Description: David Lepofsky delivers the opening lecture on August 29, 2013
      to Osgoode Hall Law School's first year students, its Class of 2016. On
      their very first day at law school, He highlights the important ways they
      can include community organizing and social justice advocacy in their
      careers, using the example of disability accessibility advocacy in Ontario. 



      More Useful Resources Available to You



      To further explore the advocacy efforts of the AODA Alliance, the coalition
      that succeeded the ODA Committee, visit its "What's New" page at
      http://www.aodaalliance.org/strong-effective-aoda/default.asp



      To receive regular email updates from the AODA Alliance, send a request for
      them to aodafeedback@gmail.com 



      Please follow us on Twitter. Re-tweet our tweets. Get others to do so as
      well! Twitter.com/aodaalliance



      Please "like" our Facebook page and share our updates: 

      http://www.facebook.com/pages/Accessibility-for-Ontarians-with-Disabilities-
      Act-Alliance/106232039438820

    • June 30, 2016
      Call for Papers

      ARCH Disability Law Centre (ARCH) is a specialty legal clinic dedicated to defending and advancing the equality-rights of people with disabilities who live in Ontario. ARCH promotes the full social justice of persons with disabilities, and their realization of equal opportunities and full participation on an individual and systemic basis.

      The Nominating Committee requests that interested applicants send an email expressing interest together with a resumé or short biography by:

      June 30, 2016 to Doreen Way, Office Manager at wayd@lao.on.ca  

      More information regarding the position here: http://archdisabilitylaw.ca/node/1129