{"id":2441,"date":"2017-11-10T16:59:11","date_gmt":"2017-11-10T16:59:11","guid":{"rendered":"http:\/\/tvndy.ca\/?p=2441\/"},"modified":"2018-10-25T19:56:33","modified_gmt":"2018-10-25T19:56:33","slug":"webcast-archive-review-of-canadian-disability-rights-legislation-manitoba","status":"publish","type":"post","link":"https:\/\/tvndy.ca\/en\/2017\/11\/webcast-archive-review-of-canadian-disability-rights-legislation-manitoba\/","title":{"rendered":"Webcast archive: Review of Canadian disability rights legislation &#8211; Manitoba"},"content":{"rendered":"<p><iframe loading=\"lazy\" width=\"1180\" height=\"664\" src=\"https:\/\/www.youtube.com\/embed\/0pMYLwln1SY?feature=oembed\" frameborder=\"0\" allow=\"autoplay; encrypted-media\" allowfullscreen><\/iframe><\/p>\n<p>In this episode of\u00a0<em>Euthanasia &amp; Disability<\/em>, Amy Hasbrouck, Christian Debray, and Taylor Hyatt discuss:<\/p>\n<ul>\n<li>Review of Canadian disability rights legislation: Manitoba<\/li>\n<li>Qu\u00e9bec\u2019s Commission on End-of-life care issues its second annual report<\/li>\n<\/ul>\n<p>Please note that this text is only a script and that our webcast contains additional commentary.<\/p>\n<p><strong>REVIEW OF CANADIAN DISABILITY RIGHTS LEGISLATION: MANITOBA<\/strong><\/p>\n<ul>\n<li>This week, we\u2019re continuing our review of Canadian accessibility legislation, looking at Manitoba.\u00a0The Accessibility for Manitobans Act \u2013 sometimes shortened to the AMA \u2013 became law in December 2013. The government\u2019s goal is \u201cto achieve significant progress\u201d by 2023; what that means isn\u2019t defined in the Act.<\/li>\n<li>Principles the Act is based on include:\n<ul>\n<li>accessibility;<\/li>\n<li>equality (of opportunity\u00a0<em>and\u00a0<\/em>outcome);<\/li>\n<li>universal design; and<\/li>\n<li>systemic responsibility, which puts the responsibility of preventing and removing barriers on the organization that caused the barrier in the first place, rather than the person with a disability who is affected by the barrier.<\/li>\n<\/ul>\n<\/li>\n<li>The AMA lays out a process to create \u201caccessibility standards\u201d to \u201c[prevent and remove] barriers that disable people\u201d in five areas:\n<ul>\n<li>employment;<\/li>\n<li>\u201caccommodation;\u201d<\/li>\n<li>the built environment (which includes buildings, multi-unit housing and transportation);<\/li>\n<li>goods, services, and information; and<\/li>\n<li>\u201cprescribed [activities and undertakings].\u201d<\/li>\n<\/ul>\n<\/li>\n<li>The accessibility standards will include what kind of organizations must comply with the law, what they must do to remove and prevent barriers, and the date by which they must comply.<\/li>\n<li>A barrier is defined as \u201canything that interacts with\u201d a physical, mental, intellectual or sensory disability \u201cin a way that may hinder the person&#8217;s full and effective participation in society on an equal basis.\u201d They can be:\n<ul>\n<li>physical or built into the environment;<\/li>\n<li>related to information, communication, or technology;<\/li>\n<li>an attitude; or<\/li>\n<li>found in a policy or practice.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<ul>\n<li>The Minister of Families, currently Scott Fielding, is responsible for overseeing the development and application of the AMA. This includes drawing up and implementing the \u201caccessibility standards\u201d.\u00a0 Only the standard for customer service is in effect right now. Standards dealing with employment, information and communications, the built environment, and transportation are still being written. Other important services, like education and health care, aren\u2019t being touched yet.<\/li>\n<li>As with Ontario\u2019s law, the content of these standards is not easy to find, and the staggered implementation doesn\u2019t take into account how barriers can overlap.<\/li>\n<\/ul>\n<ul>\n<li>The Minister is also supposed to create an annual report and annual plan for implementing the Act. Right now, though, the links on the website lead to the wrong places and there\u2019s no way to access those documents.<\/li>\n<li>The Minister is assisted in his work by the Compliance Director and an Accessibility Advisory Council. Members of the Council must be people with disabilities, representatives of disability organizations, or representatives of organizations affected by accessibility standards. Summaries of Council meetings and Standard Development Committee meetings are available online.<\/li>\n<li>The Act is enforced through records kept by businesses, inspections of businesses by the Compliance Director, or fines of up to $250,000 paid to the Government of Manitoba. However, the Compliance Director does not accept or investigate complaints from individuals.<\/li>\n<li>Public sector groups \u2013 such as the province\u2019s hydro and liquor companies, post-secondary schools, towns, and hospitals \u2013 must prepare accessibility plans every other year. These plans explain what they have done to \u201cidentify, prevent and remove barriers\u201d in the past, what they will do in the future, and their strategy to evaluate the organization\u2019s discriminatory \u201cpolicies, programs, practices, services [and] bylaws.\u201d Disability advocates and organizations must be consulted when drafting a plan. Plans are available on the organizations\u2019 websites as well as the provincial government\u2019s site.<\/li>\n<li>The Act\u2019s effectiveness must be reviewed every four years. If the first evaluation has been done, the results are not available yet.<\/li>\n<\/ul>\n<p><strong>QU\u00c9BEC\u2019S COMMISSION ON END-OF-LIFE CARE ISSUES ITS SECOND ANNUAL REPORT<\/strong><\/p>\n<ul>\n<li>Quebec\u2019s Commission on End-of-Life Care released a report describing the euthanasia deaths that took place in the province from December 2015 to June 2017.<\/li>\n<li>Last year at this time, (16\/11\/4) we reviewed the December 2015-June 2016 report provided by the Commission. One important thing to note from that time period is that two people were killed\u00a0<em>without<\/em>\u00a0being \u201cat the end of life.\u201d In any other circumstance, this violation of the law\u2019s safeguards would be considered murder.<\/li>\n<li>Most of the current report focuses on the twelve-month period from June 2016 to June 2017. During that time, a total of 634 applications were reviewed. 618 of these deaths took place in institutions, and another 20 occurred in a doctor\u2019s office or at home.<\/li>\n<li>237 of the forms documenting the 634 deaths \u2013 37% \u2013 didn\u2019t contain enough information for the Commission to do a preliminary evaluation. \u00a0Even after asking for clarifications, the Commission lacked sufficient data to decide whether 19 out of the 634 deaths \u2013 3% \u2013 complied with the law. In 12 cases, additional information given was insufficient. In four cases, the Commission did not receive the additional information they requested, and in three cases, the doctor\u00a0<em>refused<\/em>\u00a0to provide the requested information.<\/li>\n<li>In fact, 8% of euthanasia deaths did not comply with the law. By way of comparison, the number of deaths per passenger-mile on commercial airlines in the United States between 2000 and 2010 was about 0.2 deaths per 10 billion passenger-miles.\u00a0 What other industry that values public safety would accept so many violations and such a high level of risk?<\/li>\n<li>The most common problem with the 31 non-compliant deaths (5%) was a lack of independence between the two doctors approving the euthanasia requests; this was observed 20 times. Qu\u00e9bec has \u201csolved\u201d this problem by eliminating the requirement that the doctors be independent!<\/li>\n<li>In seven cases, the doctor didn\u2019t confirm that the person was informed, was making a free choice to die, experienced persistent suffering, and had a consistent wish to die. In another case, the person did not have a \u201cserious and incurable illness.\u201d<\/li>\n<li>If the person didn\u2019t have \u201ca serious and incurable illness,\u201d they were not eligible for euthanasia, so killing them is a criminal act.\u00a0\u00a0 Without proof that the person made a \u201cfree and informed\u201d decision, they are not eligible, and their euthanasia is also a crime.<\/li>\n<li>377 people who requested euthanasia did not receive it:\n<ul>\n<li>159 of them were declared ineligible,<\/li>\n<li>107 people died before the approval process was complete.<\/li>\n<li>79 people withdrew their request.<\/li>\n<li>15 applications were still being reviewed when the reporting period ended.<\/li>\n<li>Others moved home or between institutions, had a medical condition \u201crequiring another kind of treatment,\u201d or hadn\u2019t yet chosen the date of their death.<\/li>\n<\/ul>\n<\/li>\n<li>This report makes it very clear that safeguards do not do what the name suggests. They don\u2019t keep people from dying unnecessarily, especially when the rules aren\u2019t always followed.<\/li>\n<\/ul>\n   ","protected":false},"excerpt":{"rendered":"<div class=\"entry-summary\">\n<div class=\"entry-summary\">\nThis week we are reviewing provincial disability rights legislation in Manitoba.\n<\/div>\n<div class=\"link-more\"><a href=\"https:\/\/tvndy.ca\/en\/2017\/11\/webcast-archive-review-of-canadian-disability-rights-legislation-manitoba\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &ldquo;Webcast archive: Review of Canadian disability rights legislation &#8211; Manitoba&rdquo;<\/span>&hellip;<\/a><\/div>\n<\/div>\n<div class=\"link-more\"><a href=\"https:\/\/tvndy.ca\/en\/2017\/11\/webcast-archive-review-of-canadian-disability-rights-legislation-manitoba\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &ldquo;Webcast archive: Review of Canadian disability rights legislation &#8211; Manitoba&rdquo;<\/span>&hellip;<\/a><\/div>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[92],"tags":[73,121,192,249,53,184,118],"class_list":["post-2441","post","type-post","status-publish","format-standard","hentry","category-webcast-archive","tag-disability-rights","tag-euthanasia-disability","tag-legislation","tag-province","tag-quebec-en","tag-statistics","tag-webcast","entry"],"_links":{"self":[{"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/posts\/2441","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/comments?post=2441"}],"version-history":[{"count":3,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/posts\/2441\/revisions"}],"predecessor-version":[{"id":3510,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/posts\/2441\/revisions\/3510"}],"wp:attachment":[{"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/media?parent=2441"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/categories?post=2441"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tvndy.ca\/en\/wp-json\/wp\/v2\/tags?post=2441"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}