CRPD_C_CAN_1_6941_E - OHCHR

Convention on the Rights of
Persons with Disabilities
First Report of Canada Introduction 1
Part I - General Overview 3
Part II: Specific Measures Adopted by Federal, Provincial and Territorial
Governments 9 Government of Canada 9
Newfoundland and Labrador 18
Prince Edward Island 21
Nova Scotia 25
New Brunswick 27
Québec 31
Ontario 34
Manitoba 37
Saskatchewan 41
Alberta 45
British Columbia 48
Nunavut 52
Northwest Territories 54
Yukon 56 Annex 1: Offices Responsible for Disability Issues 61
INTRODUCTION 1. Canada is pleased to present to the Committee on the Rights of
Persons with Disabilities its initial report under the Convention
on the Rights of Persons with Disabilities (the "Convention").
Canada ratified the Convention on March 11, 2010 and it entered
into force for Canada on April 12, 2010. 2. Canada is committed to upholding and safeguarding the rights of
persons with disabilities and enabling their full participation in
society. The rights of persons with disabilities are provided for
in Canada's Constitution, in federal, provincial and territorial
(F-P/T) human rights legislation and in specific laws in a variety
of social and economic areas. The Canadian Bill of Rights (the
"Bill of Rights") was the first federal law to specifically set
out fundamental human rights for all Canadians. 3. Governments at all levels are responsible for implementing the
Convention. All jurisdictions in Canada have a broad range of
policies, programs and initiatives aimed at providing support to
persons with disabilities and their families and promoting their
inclusion and full participation in Canadian society. Canada's
federal structure allows governments to work together to find
innovative and practical solutions to challenges and to adopt
policies and programs tailored to local needs and circumstances. Preparation and structure of the report 4. Read together with Canada's Common Core Document[1], the report
includes information about the implementation of the Convention in
Canada, and explains key federal, provincial and territorial (F-
P/T) laws, policies and programs related to the rights of persons
with disabilities. Following the introduction, Part I provides
information from all jurisdictions on Articles 1-7, 12 and 31-33
of the Convention. Part II focuses on specific measures taken by
each F-P/T government, organized by thematic clusters. 5. The report was prepared collaboratively by F-P/T governments. Over
700 civil society and Aboriginal organizations, and the Canadian
Human Rights Commission, were consulted on a comprehensive outline
of the report. Fourteen written submissions were also received.
The submissions were shared within F-P/T governments and carefully
considered in the drafting of the report. Persons with disabilities in Canada 6. In 2006, the disability rate in Canada was 14.3%, meaning that
over 4.4 million Canadians, or about one in seven, had an activity
limitation or participation restriction associated with a physical
or mental condition or health problem: 8.6% reported mild to
moderate disabilities, while 5.7% reported severe to very severe
disabilities. The most common types of disabilities for adults are
pain-related, mobility and agility disabilities.[2] Approximately
900,000 people 15 years of age or older reported disabilities of
an emotional, psychological, or psychiatric nature (2.3%), 500,000
reported memory problems or periods of confusion (2%), and 630,000
reported learning disabilities (2.5%).[3] 7. In 2006, the rate of disability was slightly higher for adult
women (17.7%) than adult men (15.4%).[4] Approximately 43% of
over 4 million adults aged 65 and over have disabilities. Among
seniors with disabilities, eight seniors out of ten have two or
more different disability types.[5] Children under the age of five
have a disability rate of 1.7%, while for children aged 5 to 14
the rate is 4.6 %.[6] Among this age group, 57.6% have mild to
moderate disabilities and 42.4% have severe to very severe
disabilities. Their most common types of disability reported are
chronic conditions and learning and/or communication limitations.
Boys are more likely than girls to experience most disability
types.[7] Looking forward 8. While great progress has been made to increase the inclusion and
participation of persons with disabilities in society, Canada
recognizes that there continues to be challenges, including
barriers to language and communication, learning and training, and
safety and security. Improving the well-being of persons with
disabilities, increasing their opportunities to participate in
economic and social life, and fulfilling their potential requires
an ongoing, multi-faceted and multi-partner approach. 9. The Government of Canada's Office for Disability Issues (ODI)
provides leadership on disability issues at the federal level. ODI
is supported by intradepartmental and interdepartmental committees
and collaborates with F-P/T partners and with the non-profit,
voluntary, academic and private sectors. Over the coming years,
ODI's work to strengthen outcomes for persons with disabilities
and their families will focus on:
. developing and administering programs designed to remove barriers and
promote inclusion;
. developing principled and evidence-based policy options that respond to
existing and emerging issues;
. working to improve awareness and horizontal management of disability
issues across the Government of Canada and by its public servants;
. identifying opportunities for collaboration and working with P/T
partners; and
. engaging stakeholders and developing strategic partnerships on disability
issues across the federal government and with external partners. PART I - GENERAL OVERVIEW Articles 1-4: General provisions Implementation of the Convention 10. Canada has a federal system in which the Constitution confers
legislative and executive powers on two levels of government,
which are each sovereign in their respective spheres. There is a
federal government for all of Canada, and a government for each
province and territory.[8] Matters concerning persons with
disabilities fall under both levels of government, who work
together and in collaboration with the non-profit and private
sectors, and assume complementary roles in promoting and
supporting the full participation of persons with disabilities in
all dimensions of Canadian society. 11. Accordingly, the Convention is implemented through constitutional
and statutory protections, and legislative, administrative and
other measures including:
. the Canadian Bill of Rights (the "Bill of Rights"), which applies to
federal laws and protects fundamental freedoms, legal rights and equality
before the law;
. the Schedule B to the Canada Act 1982 (the "Charter"), which applies to
all government action and guarantees all individuals fundamental freedoms
and rights, including an explicit equality rights guarantee for persons
with disabilities;
. F-P/T human rights laws, which apply to the public and private sectors
and prohibit discrimination on grounds such as disability, in regard to
employment, the provision of goods, services and facilities customarily
available to the public and accommodation;
. specific F-P/T laws governing areas that impact persons with
disabilities, for example, social benefits programs, disability insurance
plans, housing programs; and
. a broad range of F-P/T policies, programs and services aimed at improving
accessibility, providing financial and other supports to persons with
disabilities and reducing barriers to their full participation in
Canadian society. 12. Persons with disabilities can bring a claim before F-P/T
independent administrative tribunals, human rights commissions and
tribunals or courts to enforce their rights. This has resulted in
developments in Canadian law, for example, through decisions
upholding the equal rights of persons with disabilities to health
care services, education, transportation[9] and accessible federal
government websites for persons with visual impairments.[10] Canada's reservations and interpretative declarations 13. Upon ratification of the Convention, Canada entered a limited
number of interpretative declarations and reservations with
respect to Articles 12 and 33 of the Convention. 14. In Canada, both supported decision-making and substitute decision-
making regimes exist under P/T legislation. The interpretative
declaration to Article 12 clarifies Canada's understanding that
the article reflects a presumption of legal capacity and permits
both supported and substitute decision-making arrangements in
appropriate circumstances and in accordance with the law. The
reservation to Article 12 preserves Canada's ability to continue
to use substitute decision-making arrangements in appropriate
circumstances and subject to appropriate and effective safeguards.
In Canada, many measures relating to th