tag:blogger.com,1999:blog-55972809517174016522024-03-15T22:11:24.211-03:00A Primer on Special Needs and the LawPractical legal advice to assist Nova Scotians with navigating the educational and community services systems.
Published by <b>Michelle Morgan-Coole</b> @ MMC Legal ServicesMichelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.comBlogger481125tag:blogger.com,1999:blog-5597280951717401652.post-91323948412123187202024-01-03T15:41:00.008-04:002024-01-03T15:43:13.965-04:00Experts’ Report: Human Rights Review and Remedy Summary<p>I've been hearing a lot about the "Human Rights Remedy" from our DCS social worker lately. </p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgXPSncSBXPzGc7NPXxTCWw1sWIJBb2kqwj5H6wHoLP8cSq-dwe-fhXuV-x3btXwWrVAPPaeK1lNTg425vsjQJ8Tuc_qFVIdOLpCUQ7xbcFo7s32qbsH3cemVBBdElmIhKiz1L37770CQwCOKq8piq-KtoyyMsbLRujy8fAbtpvVHwtdoVYbA2VsYfk6BzQ/s974/human%20rights%20remedy.jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="909" data-original-width="974" height="187" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgXPSncSBXPzGc7NPXxTCWw1sWIJBb2kqwj5H6wHoLP8cSq-dwe-fhXuV-x3btXwWrVAPPaeK1lNTg425vsjQJ8Tuc_qFVIdOLpCUQ7xbcFo7s32qbsH3cemVBBdElmIhKiz1L37770CQwCOKq8piq-KtoyyMsbLRujy8fAbtpvVHwtdoVYbA2VsYfk6BzQ/w200-h187/human%20rights%20remedy.jpg" width="200" /></a></div><p></p><p>The full title for the process has quite a handle; namely, the "<a href="https://www.disabilityrightscoalitionns.ca/2023/04/26/human-rights-review-and-remedy/" target="_blank">HUMAN RIGHTS REVIEW AND REMEDY FOR THE FINDINGS OF SYSTEMIC DISCRIMINATION AGAINST NOVA SCOTIANS WITH DISABILITIES</a>".</p><p>In a previous post giving a <a href="https://specialneeds-ns.blogspot.com/2023/07/the-devil-in-details-ns-human-rights.html" target="_blank">broad overview</a> of the changes the Department of Community Services is now legally required to implement within the next five years, I mentioned in passing the expert's report which the government is now legally obligated to follow. </p><p></p><p>Compared to the length and complexity of the <a href="https://www.disabilityrightscoalitionns.ca/wp-content/uploads/2023/04/TO-POST-NS-HRR-Technical-Paper-Exec-Summ-Plain-Language-FINAL-April-20-2023-1.pdf" target="_blank">full report</a>, the <a href="https://www.disabilityrightscoalitionns.ca/2023/04/26/human-rights-review-and-remedy/" target="_blank">summary</a> found here is well-worth the read. It summarizes the six key decisions arising out of the process; namely,</p><p><span> </span>individual planning and support coordination</p><p><span> </span>closing institutions</p><p><span> </span>community-based supports and services</p><p><span> </span>a program that works in all areas of the province and many professionals work together to <span> <span> </span><span> </span><span> </span><span> </span></span>support local choices</p><p><span> </span>individualized funding; and</p><p><span> </span>disability system capacity.</p><p><a href="https://www.disabilityrightscoalitionns.ca/2023/04/26/human-rights-review-and-remedy/" target="_blank">Check it out</a>.</p><p></p>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-51102089597491333652023-07-18T13:57:00.008-03:002023-07-18T14:02:09.594-03:00The Devil in the Details [NS Human Rights Decision]<p>In my <a href="https://specialneeds-ns.blogspot.com/2023/06/my-last-post-we-discussed-hopefully.html" target="_blank">last</a> two <a href="https://specialneeds-ns.blogspot.com/2023/05/back-in-mists-of-time-we-briefly.html" target="_blank">posts</a>, we discussed the huge changes that are in the works for Nova Scotia's<a href="https://novascotia.ca/coms/disabilities/index.html" target="_blank"> Disability Support Program</a>.</p><p></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgj8JnFqCm7ndMS0ni6_LDHz-vM2d2FS8MQkNpPCQy_lAFVmgyRGPQN61qlxiP8zNDKND9htftWiNe-Tz_fO5-9ACe7RG2c1PxO4uvyRf0Egq2IbOdVQPWoXqRwigVpuAmxSYhg-UD4TKG25dc0AgNcirMLcTB1sh2BsDPIRIHpabAELz84sWNc0pGFcupT/s3888/HUMAN%20RIGHTS%20Universal%20Declaration.jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img alt="Photo by <a href="https://unsplash.com/@chela_bonky?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Chela B.</a> on <a href="https://unsplash.com/s/photos/human-rights?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Unsplash</a>" border="0" data-original-height="2592" data-original-width="3888" height="213" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgj8JnFqCm7ndMS0ni6_LDHz-vM2d2FS8MQkNpPCQy_lAFVmgyRGPQN61qlxiP8zNDKND9htftWiNe-Tz_fO5-9ACe7RG2c1PxO4uvyRf0Egq2IbOdVQPWoXqRwigVpuAmxSYhg-UD4TKG25dc0AgNcirMLcTB1sh2BsDPIRIHpabAELz84sWNc0pGFcupT/w320-h213/HUMAN%20RIGHTS%20Universal%20Declaration.jpg" width="320" /></a></div><i>Let's see how quickly I can do a "quick" summary of the background. As if ...</i><p></p><p>Three individuals with intellectual disabilities were kept in a locked ward in the Nova Scotia Hospital<br /> for literally decades long after they should have been discharged and placed in the community. Possibly the world's best human rights case ever <i>(in my humble opinion, at the moment, but I admit that I might be a little biased</i>) followed a lengthy and tortured legal process until it finally resulted in a settlement [approved by the NS Human Rights Commission, thus, giving it the force of law (which, trust me, is HUGE)] that will radically change how (and where) services are provided to individuals with intellectual and developmental disabilities in Nova Scotia.</p><p>I set out a broad overview of what the changes will look like in my <a href="https://specialneeds-ns.blogspot.com/2023/06/my-last-post-we-discussed-hopefully.html" target="_blank">last post</a>, but noted that I hadn't yet read the text of the <a href="https://www.disabilityrightscoalitionns.ca/wp-content/uploads/2023/04/NS-HRR-Technical-Paper-FINAL-updated-04.24.23.pdf" target="_blank">HUMAN RIGHTS REVIEW AND REMEDYFOR THE FINDINGS OF SYSTEMIC DISCRIMINATION AGAINST NOVASCOTIANS WITH DISABILITIES</a> (aka "the expert's report"), which, despite it's length (<i>to call it lengthy would be a serious understatement)</i>, I do intend to get to. Hey, one DSP worker who actually read the report said it was "very long but very interesting". How could I not delve into that?</p><p>Alas, I digress, as usual - for now, I will share with you a more detailed explanation of the <a href="https://www.disabilityrightscoalitionns.ca/wp-content/uploads/2023/04/Rev-DRC-Media-Release-April-26-2023-130pmwith-links.pdf" target="_blank">time line</a> for these radical changes (courtesy of the <a href="https://www.disabilityrightscoalitionns.ca/" target="_blank">Disability Rights Coalition</a>)<b>*.</b></p><p><b><br /></b></p><p></p><blockquote><p style="text-align: center;"><b>Highlights of the Report and interim settlement include: </b></p><p><b>Deinstitutionalization</b></p></blockquote><blockquote><p> In year 1, the Province will institute a “no new admissions” policy to DSP funded institutions
</p></blockquote><blockquote><p> By year 3, 75% of those people currenting residing in ARCs, RRCs and RCFs will be living in
community based settings.
</p></blockquote><blockquote><p> Within five years, or by March 31, 2028, the government will close all institutional settings
for persons with disabilities.
</p></blockquote><p> </p><blockquote><b>Individualized P</b><b>lanning Supports and Funding</b> </blockquote><blockquote><p> In year 2, the new individual planning and coordination and individualized funding system
will be full operational which includes an accessible system designed with users in mind.
</p></blockquote><blockquote><p> In year 2, a province wide critical response team will be fully established to ensure people in
crisis have immediate access to supports and services as well as multi-disciplinary teams to
meet needs wherever people choose to live in Nova Scotia</p></blockquote><p><br /></p><blockquote><p><b>Supporting People in Their Community of Choice
</b></p></blockquote><blockquote><p> In year 1, the Local Area Coordination model will begin with the creation of 25 new local
area coordinators and local area coordination leads in all 4 regions and by year 3 there will
be 80 local area coordinators throughout Nova Scotia.
Putting an end to years-long delays in accessing social assistance
</p></blockquote><blockquote><p> In year 3, all persons currently on the DSP waitlist and receiving no access to social
assistance will be provided with full access to the supports and services they require to live
in community
</p></blockquote><blockquote><p> In year 5, the DSP waitlist will end, with new applicants being provided with immediate
access to navigational supports and services and, where appropriate, emergency response.</p></blockquote><p> </p><p>Yeah, I too, am wondering how everything can occur on that exact schedule when the Province has openly <a href="https://specialneeds-ns.blogspot.com/2023/06/my-last-post-we-discussed-hopefully.html" target="_blank">admitted</a> it needs to hire 100 more social workers, <u>which they will do that at the rate of 25 per year</u>.</p><p>Hmm, I know math has never been my strongest but ... How does that go again?</p><p style="text-align: center;"><b>100/4 = 25. </b></p><p>Nope, it must be that new math: </p><p style="text-align: center;"><b>100/4 + 30.5-75 x 10 + 12 = nothing to see here; move along now</b></p><p>Yeah, that's it. That's the ticket. </p><p><br /></p><div><b>* </b><i><b>No, it wouldn't be too far beyond the realm of possibility for me to call the Disability Rights Coalition my heroes (and seriously, yours and yours and yours, too)</b></i></div><div><br /></div>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-68291473395700692842023-06-20T16:44:00.007-03:002023-07-10T14:42:42.233-03:00The Continuing Saga of Human Rights in Nova Scotia<p>In my <a href="https://specialneeds-ns.blogspot.com/2023/05/back-in-mists-of-time-we-briefly.html" target="_blank">last post</a>, we discussed the (hopefully) upcoming changes to the Disability Support Program following the ruling of the <a href="https://www.canlii.org/en/ns/nsca/doc/2021/2021nsca70/2021nsca70.html?autocompleteStr=disability%20rights%20&autocompletePos=1" target="_blank">NS Court of Appea</a>l in the human rights case involving three residents of the NS Hospital.</p><p>I gave some of the backstory and talked about the interim agreement reached between the <a href="https://www.disabilityrightscoalitionns.ca/" target="_blank">Disability Rights Coalition</a> and the Province.</p><p>Believe me, after all these years, I'm as cynical as anyone else when it comes to wholesale changes in how (and if) Nova Scotia delivers services to individuals with disabilities. </p><p></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg0Hl0IZDBYvycS0jRDg7Udfl6s0Mt44MUh5J4S1LmO3NI5s1ViDp25BHopxvRQXhElK14JzYUkSe4xzilZyjALqpn-vuJxcS4ruFyGlKuEztbKqq8-1JIc0-qSEin9_eG_-ldB16BDHcuD4gIfKcuuRt5A_vNxMD8kEQkrQdRMmRm8BH1RZKxPGXht9iu2/s292/Disability%20Matrix.jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="173" data-original-width="292" height="173" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg0Hl0IZDBYvycS0jRDg7Udfl6s0Mt44MUh5J4S1LmO3NI5s1ViDp25BHopxvRQXhElK14JzYUkSe4xzilZyjALqpn-vuJxcS4ruFyGlKuEztbKqq8-1JIc0-qSEin9_eG_-ldB16BDHcuD4gIfKcuuRt5A_vNxMD8kEQkrQdRMmRm8BH1RZKxPGXht9iu2/s1600/Disability%20Matrix.jpg" width="292" /></a></div><b>But the one change (and if this doesn't make a difference, I can't see how anything else ever will) in this case is a decision with the <a href="https://www.canlii.org/en/ns/nsca/doc/2021/2021nsca70/2021nsca70.html?autocompleteStr=disability%20rights%20&autocompletePos=1" target="_blank">force of law</a> behind it.</b><p></p><p>The NS Court of Appeal agreed with us and the Supreme Court of Canada denied the Province's leave to appeal so .... there's really nowhere else for them to go.</p><p>Our family attended one of the in-person sessions held across the Province and it was ... interesting. Kentville was suppose to be the third meeting but ended up being the first and the Province readily admitted that it wasn't prepared for the turnout. </p><p>A few interesting take-aways from the meeting. </p><p></p><ul style="text-align: left;"><li>The Province has 5 years to implement all the changes set out in the Agreement.</li><li>They will need to hire 100 more social workers to make this work.</li><li>The plan is to hire 25 social workers every year.<b>*</b></li><li>The waiting list that always 'wasn't<b>** </b>will no longer exist.</li><li>Instead your worker will come to you to ask where and how you want to live.</li></ul><div>A very astute person in the audience asked what would happen if suitable housing wasn't available (which seems to be the case for a lot of people in the Province, with disabilities or not). The response was something to the effect that if you couldn't find what you were looking for, you would need to wait until you could. I assume that meant you would need to 'settle for something else' (of your choice) in the interim but you know what they say about the danger of assuming. Although I suppose we can't legitimately ask the Province at this point to figure that (or a lot of other things) out right away.</div><div><br /></div><div>The sessions are over now so I hope at least some of you attended.</div><div><br /></div><div>BUT the reason I started this post was ... [drum roll please] ... I actually read the plain language <a href="https://www.disabilityrightscoalitionns.ca/2023/04/26/human-rights-review-and-remedy/" target="_blank">executive summary</a> of the independent expert report today. I found it a little hard to navigate at first - how the heck do I find p. 2 - but it turns out the squiggly little up and down arrows at the bottom of the page did the trick. It's very short and I make no comment on its sweetness but I would suggest we all at least start there.</div><div><br /></div><div>The full report (which I admit I have not yet read) can be <a href="https://www.disabilityrightscoalitionns.ca/wp-content/uploads/2023/04/NS-HRR-Technical-Paper-FINAL-updated-04.26.23.pdf" target="_blank">found here</a>.<br /></div><div><br /></div><div>Very well. Carry on.</div><div><b><br /></b></div><div><b><br /></b></div><div><b>*</b><i>Meaning that it will take 4 years just to get the staff they need.</i></div><div><i><br /></i></div><div><b>** </b><i>I assume most of us have found that depending on who you speak with (and when), there may or may not be a waiting list for services.</i></div><p></p>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-12831485959192306982023-05-31T19:00:00.007-03:002023-05-31T19:18:00.221-03:00URGENT: Disability Support Program<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjXTEoYZBSntJFFff0JivgPgu_eQd6lBFTKFW7L-PI8V8bxA3mz2EZy972EcC_LgRxG3WrSe9lzv19ZP2UhnDOT_M0H0xBDF2aDc3DCriuLjSsU_aQVJ5KbpJWD4YWYrNPeda-bqoyrXvYCpJ9pTS9m-UkwAd3D_7U_Cz49aZHZw17usPYzdfTkpXUKAQ/s402/human%20rights%20bird%20cage.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="402" data-original-width="324" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjXTEoYZBSntJFFff0JivgPgu_eQd6lBFTKFW7L-PI8V8bxA3mz2EZy972EcC_LgRxG3WrSe9lzv19ZP2UhnDOT_M0H0xBDF2aDc3DCriuLjSsU_aQVJ5KbpJWD4YWYrNPeda-bqoyrXvYCpJ9pTS9m-UkwAd3D_7U_Cz49aZHZw17usPYzdfTkpXUKAQ/w161-h200/human%20rights%20bird%20cage.jpg" width="161" /></a> <span style="font-family: "Times New Roman", serif; font-size: 18px;">Back in the mists of time, we briefly </span><a href="https://specialneeds-ns.blogspot.com/2018/02/human-rights-housing-in-nova-scotia.html" style="font-family: "Times New Roman", serif; font-size: 18px;" target="_blank">discussed</a><span style="font-family: "Times New Roman", serif; font-size: 18px;"> a human rights complaint brought against the Province regarding the </span><a href="https://novascotia.ca/coms/disabilities/index.html" style="font-family: "Times New Roman", serif; font-size: 18px;" target="_blank">Disability Support Program</a><span style="font-family: "Times New Roman", serif; font-size: 18px;">.</span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: "Times New Roman", serif; font-size: 13.5pt; line-height: 107%;">The case has had a very
long and somewhat torturous<b>*</b> <a href="https://www.disabilityrightscoalitionns.ca/nova-scotia-human-rights-case/" target="_blank">history</a> </span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">(during which the
provincial government <a href="https://globalnews.ca/news/8983672/ns-disability-rights-discrimination/" target="_blank">repeatedly</a> flip<a href="https://signalhfx.ca/nova-scotia-to-appeal-court-decision-finding-systemic-discrimination-against-disabled-people/" target="_blank">flopped</a> on whether it would appeal any <a href="https://www.cbc.ca/news/canada/nova-scotia/nova-scotia-government-heading-back-to-court-against-disabilities-group-1.6271353" target="_blank">adverse </a> rulings<b>**), </b></span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">but at the end of the day,
it has turned into a <a href="https://pinklarkin.com/nscadecision/" target="_blank">ground-breaking</a> <a href="https://www.cbc.ca/news/canada/nova-scotia/human-rights-case-disabled-institution-supported-homes-1.4519077" target="_blank">human rights</a> decision from Nova Scotia (of all places!).</span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt; line-height: 107%;">At any rate, a huge shout out to
the <a href="https://www.disabilityrightscoalitionns.ca/" target="_blank">Disability Rights Coalition</a>, who spearheaded the whole thing.</span></b></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: "Times New Roman", serif; font-size: 13.5pt; line-height: 107%;">For anyone not in the know,
back in 2015, a human rights complaint was brought against the Province
regarding three intellectually challenged adults who had been locked in
a <a href="https://en.wikipedia.org/wiki/Nova_Scotia_Hospital" target="_blank">mental institution</a> f</span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">or (literally) years for no good
or defensible reason. Although <a href="https://mha.nshealth.ca/en/clinics/mount-hope-building-nova-scotia-hospital" target="_blank">legitimately admitted</a> at one
point, they were trapped there long past when they should have discharged
because no "suitable housing" could be found in the community.</span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">Although initially successful for the three individual complainants<b>***</b>, the Commission refused to extend its remedy in a way that might help other individuals subject to the Disability Support Program's residential options.</span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: "Times New Roman", serif; font-size: 13.5pt; line-height: 107%;">Eventually, we made it to
the Nova Scotia <a href="https://pinklarkin.com/nscadecision/" target="_blank">Court of Appeal</a> where the claim of systemic discrimination was found to be valid. </span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in; text-align: center;"><span style="font-family: "Times New Roman", serif; font-size: 13.5pt; line-height: 107%;"><b>HALLELJUAH</b></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in; text-align: left;"><span style="font-family: "Times New Roman", serif; font-size: 13.5pt; line-height: 107%;">An interim settlement was <a href="https://www.saltwire.com/atlantic-canada/news/disability-coalition-province-agree-to-seek-independent-advice-on-discrimination-remedy-100772594/" target="_blank">negotiated</a>, with</span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> yet another
<a href="https://www.disabilityrightscoalitionns.ca/2023/01/20/systemic-human-rights-remedy-reviewers-release-update/" target="_blank">independent expert report</a>, </span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">this time to advise to how the
systemic discrimination in the Province's provision of supports and services
could be resolved. </span></p><p class="MsoNormal" style="line-height: normal; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto;"><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"><o:p></o:p></span></p><p></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;">
<span style="font-family: "Times New Roman", serif; font-size: 13.5pt; line-height: 107%;">However, unlike other studies and reports over years
which were shelved by the government, this one has some teeth. You can read the
<a href="https://www.disabilityrightscoalitionns.ca/wp-content/uploads/2023/04/NS-HRR-Technical-Paper-FINAL-updated-04.26.23.pdf" target="_blank">full repor</a>t here, </span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">but if you would prefer the
Executive Summary in "plain language" (I know I would!), I suggest you <a href="https://www.disabilityrightscoalitionns.ca/2023/04/26/human-rights-review-and-remedy/" target="_blank">go here.</a></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">All of which had led us here:</span></b></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"></span></b></p><blockquote><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">... there will be a series of in-person sessions held across the Province for participants and their families/support networks. The sessions will be an opportunity to com together to discuss the content of the technical report and the next steps.</span></b></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">The sessions will take place between May 30 and June 14 in nine communities across the province. Please see below for the schedule. Each session will be two hours and will consist of a brief presentation from <a href="https://www.facebook.com/peoplefirstns/" target="_blank">People First Nova Scotia</a> (disability self-advocacy organization) reps along with Randy Acker, DSP Director. There will be time for smaller individual and group discussions within the venue to allow people to ask questions and gather the information they need. Light snacks and refreshments will be provided. If participants require additional transportation funding to attend the session, please contact your care coordinator.</span></b></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">The list of dates and locations
follow:</span></b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> </span></p><p></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 5pt;"><b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;">Bridgewater </span></b><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">-</span></b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> NSCC
- Lunenburg Campus 75 High St Bridgewater, NS B4V 1V8 Tuesday May 30 --
1:30-3:30 PM or 5:30-7:30 PM <o:p></o:p></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 5pt;"><b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;">Yarmouth</span></b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;"> </span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">-YACRO Hub 6 Thurston St.
Yarmouth, NS B5A 4K5 Wednesday May 31 -- 1:30-3:30 PM or 5:30-7:30 PM <o:p></o:p></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 5pt;"><b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;">Kentville</span></b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;"> </span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">- Kentville Fire Dept 463 Main
St Kentville, NS B4N 1K9 Thursday June 1 -- 1:30-3:30 PM or 5:30-7:30 PM<o:p></o:p></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 5pt;"><b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;">Pugwash</span></b><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> </span></b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">- Cumberland Public Libraries - Pugwash Branch
10182 Durham St Pugwash, NS B0K 1L0 Tuesday June 6 -- 1:30-3:30 PM or 5:30-7:30
PM <o:p></o:p></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 5pt;"><b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;">New Glasgow</span></b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> -
Summer Street Industries 72 Park St. New Glasgow, NS B2H 5B8 Wednesday June 7
-- 1:30-3:30 PM or 5:30-7:30 PM <o:p></o:p></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 5pt;"><b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;">Dartmouth </span></b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;">-</span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> NSCC Ackerley Campus 21 Woodlawn
Rd Dartmouth, NS B2W 2R7 Location - Gymnasium Entrance #7 Thursday June 8 PM --
1:30-3:30 PM <o:p></o:p></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 5pt;"><b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;">Halifax</span></b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> -
Club Inclusion 2652 Joseph Howe Dr Halifax, NS B3N 1J2 Thursday June -- 8
5:30-7:30 PM <o:p></o:p></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 5pt;"><b><span style="color: #cccccc; font-family: "Times New Roman",serif; font-size: 13.5pt; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; mso-font-kerning: 0pt; mso-ligatures: none;">Whycocomagh</span></b><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> </span></b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">- Whycocomagh Waterfront Centre 9650 NS-105 Whycocomagh,
NS B0E 3M0 Tuesday June 13 -- 1:30-3:30 PM Sydney - NSCC Marconi Campus – Room
B101B 1240 Grand Lake Rd Grand Lake, NS B1P 6J7 Tuesday June 13 – 6:00-8:00 PM
Wednesday June 14 -- 10:00-12:00 noon</span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"></span></p></blockquote><p> </p><p align="center" class="MsoNormal" style="line-height: normal; margin-bottom: 0in; text-align: center;"><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">WE SERIOUSLY NEED TO SHOW UP FOR
THESE SESSIONS</span></b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> </span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 5pt;">
</p><p align="center" class="MsoNormal" style="line-height: normal; margin-bottom: 0in; text-align: center;"><b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">~ ~ ~
~ ~</span></b><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"><o:p></o:p></span></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjoPByoiqPolAd8WD1H5aPh2W2WVJJFxNDYKpJXvScujyP4ALa-W3w1Vuf1idKZNfQtl7qxxxGrHqpOP0dnlyI7z8ABKDjcGZ0E8Wk7qLe_V1RcuWrrCmflIIy8k4hz_fDnFuueYnNEg5G3lqwsTFW1VpLdn1R76icoNR9B_ABS2dv4vcgA04HEiSxZJw/s300/Human%20Rights%20Wall.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="162" data-original-width="300" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjoPByoiqPolAd8WD1H5aPh2W2WVJJFxNDYKpJXvScujyP4ALa-W3w1Vuf1idKZNfQtl7qxxxGrHqpOP0dnlyI7z8ABKDjcGZ0E8Wk7qLe_V1RcuWrrCmflIIy8k4hz_fDnFuueYnNEg5G3lqwsTFW1VpLdn1R76icoNR9B_ABS2dv4vcgA04HEiSxZJw/s16000/Human%20Rights%20Wall.jpg" /></a></div><p></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> </span><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">* </span><i style="font-family: "Times New Roman", serif; font-size: 13.5pt;">In other words, yes,
you messed up and must compensate these individuals but we're not going to
touch the bigger problem (lack of adequate housing and community supports) for
those with intellectual or developmental challenges. Can't touch that with
a ten-foot pole. </i></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in; text-align: left;">
<i><span style="font-family: "Times New Roman", serif; font-size: 13.5pt; line-height: 107%;">** After several flip flops as to whether or not the
government would take these poor people on social assistance to court by two
different governments (first Liberal, then Conservatize), the Province just did
just that, challenging the monetary compensation ordered. Fortunately, </span></i><i><span style="font-family: "Times New Roman", serif; font-size: 13.5pt; line-height: 107%;">the
Disability Rights Coalition cross-appealed the finding of no systemic
discrimination.</span></i></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;"> </span><b><i><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">** </span></i></b><i><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">Cash
awards were made to each complainant between $200,000 and $300,000. </span></i><i><span style="font-family: "Times New Roman", serif; font-size: 13.5pt;">Unfortunately, <a href="https://www.blogger.com/blog/post/edit/5597280951717401652/4533470382521494697"><span style="color: blue;">two of the adults </span></a>passed away before the case
made it to the Court of Appeal.</span></i></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><br /></p>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-41267479413393321872023-03-31T14:37:00.001-03:002023-03-31T14:37:17.406-03:00Buried in Budget 2023 ...<p>Some quick snippets from <a href="https://inclusioncanada.ca/" target="_blank">Inclusion Canada</a> concerning some positive signs from the most recent federal budget.</p><div>Frist, the provision allowing certain family members to open a RDSP on behalf of an adult with an intellectual disability has been extended and expanded.</div><blockquote><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEix5N7LQduFVvZw_C6e6mxn297XXrWHUwnDC_i-COeZRMsp2RHsMGe7v0zYNlZl7HfNbVKF8zvaQjU28BJutmP7B7QeJw-lqEejzJVYRJoJVUEDVNVhml1L2L0Za8ZgKldHxl2WBlSuNqWyzWams14tV9X14vSr5rq_R2d38SePwgmVEKzEiTulhNfG7w/s5568/Budget%20Calculator.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="3712" data-original-width="5568" height="133" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEix5N7LQduFVvZw_C6e6mxn297XXrWHUwnDC_i-COeZRMsp2RHsMGe7v0zYNlZl7HfNbVKF8zvaQjU28BJutmP7B7QeJw-lqEejzJVYRJoJVUEDVNVhml1L2L0Za8ZgKldHxl2WBlSuNqWyzWams14tV9X14vSr5rq_R2d38SePwgmVEKzEiTulhNfG7w/w200-h133/Budget%20Calculator.jpg" width="200" /></a></div>Budget 2023 extends the “qualifying family member provision” <u>until December 2026</u> and has extended this provision further to<u> allow siblings to also become plan holders where the decision making capacity of the individual with the intellectual disability is called into question.</u> Most importantly, the federal government has issued a call to action to the provincial and territorial governments to address issues around guardianship for people with intellectual disabilities. </blockquote><p>Then, the pilot of a new automatic tax filing system for individuals with disabilities.</p><p><span face="Helvetica, sans-serif" style="font-size: 10.5pt;"></span></p><blockquote><span face="Helvetica, sans-serif" style="font-size: 10.5pt;">Another
subtle victory for people with intellectual disabilities in Canada: the
government intends to pilot a new automatic tax filing system for vulnerable
Canadians. This has the potential to remove roadblocks and improve access to
government benefits and programs for people with disabilities.</span> </blockquote><p>Finally, the first budgeted figure for the Canadian Disability Benefit.</p><p></p><blockquote>Yesterday's budget committed $21.5 million to the groundwork for the development of the Canada Disability Benefit. We are encouraged by this commitment ,however we will be looking for a more substantial commitment to the actual funding of the benefit in the fall economic statement after the Bill receives royal assent. </blockquote><blockquote style="border: none; margin: 0 0 0 40px; padding: 0px;"><p style="text-align: center;"><b><span style="font-size: medium;">Carry on. </span></b></p></blockquote><p><br /></p><p><br /></p><p></p>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-14566812047156200502023-01-15T12:14:00.007-04:002023-01-15T12:24:06.799-04:00#Where's The Bill?<p>Following up on my <a href="https://specialneeds-ns.blogspot.com/2022/10/update-on-canada-disability-benefit-act.html" target="_blank">last update</a> on the <b>Canada Disability Benefit,</b> I have some more news to share.</p>According to <a href="https://www.disabilitywithoutpoverty.ca/" target="_blank">Disability Without Poverty</a>, during the Committee process a few positive changes have been adopted, including<br /><div><ul style="text-align: left;"><li><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjCTmS1fw9-Yz6Fm2fOWnz1xrwabOQ4eJhljVuXKB6wj5x9Z5SooRX9satCfK_PXSpY1KRJjZtl9QtriUhs8q0cpz4VpT9_tu3dsYpzrTlmmeKauvrlWtqnNRPvO_ssy6ne5NyXEBpqk09KVh7O7Yt1Oj9bY3YIxB36CIR0dJAYUA-vWqSkQQ4aUsrxdA/s2397/Law%20Books%202023.jpeg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="2397" data-original-width="1600" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjCTmS1fw9-Yz6Fm2fOWnz1xrwabOQ4eJhljVuXKB6wj5x9Z5SooRX9satCfK_PXSpY1KRJjZtl9QtriUhs8q0cpz4VpT9_tu3dsYpzrTlmmeKauvrlWtqnNRPvO_ssy6ne5NyXEBpqk09KVh7O7Yt1Oj9bY3YIxB36CIR0dJAYUA-vWqSkQQ4aUsrxdA/w134-h200/Law%20Books%202023.jpeg" width="134" /></a></div>indexing the benefit to inflation; </li><li>a requirement that agreements with provinces and territories be made public;</li><li>a requirement that people with disabilities be meaningfully engaged in developing regulations; and</li><li>requiring the Official Poverty Line to be considered in setting the benefit. </li></ul></div><div>As for what's next, once Parliament re-opens on January 30, Bill C-22 must be put on the agenda so the the HUMA committee report can be presented and voted on. This vote will move the Bill into Third Reading and eventually the Senate. After the Senate passes Bill C-22 and it receives royal assent, it will <a href="https://specialneeds-ns.blogspot.com/2022/07/ive-posted-few-times-on-my-mmc-legal.html" target="_blank">become law</a>.</div><div><br /></div><div><b><u>The Regulations</u></b></div><div>In my mind, the most important of the amendments set out above might just be the requirement that people with disabilities be <u>meaningfully</u> engaged in developing regulations. </div><div><br /></div><div>As I've <a href="https://specialneeds-ns.blogspot.com/2007/10/legislation-regulations-and-policy-oh.html" target="_blank">noted before</a>, passing legislation is far from the end of the story. Regulations are always important in that they flesh out the legislation and deal with important details. They often contain some of the meat and the teeth of the law.</div><div><br /></div><div>However, in this case, they're even more important because unfortunately, the legislation, itself, tells us very little. The <a href="https://www.parl.ca/DocumentViewer/en/44-1/bill/C-22/second-reading" target="_blank">proposed legislation</a> isn't much more than a bare bones skeleton.</div><div><br /></div><div>All we know is that those eligible (<i>nothing tells us who that might be</i>) will be paid a Canada Disability Benefit. [ss. 4-5] </div><div><br /></div><div>Other than that, the only other thing of import is that this "benefit" (<i>however much it might be</i>) can't be taken in cases of bankruptcy, garnished if you owe someone money or otherwise be taken away by operation of law. [sec. 9] <b>**</b></div><div><br /></div><div>Good news to be sure but .... how much and to whom? Kind of important details, wouldn't you agree? </div><div><br /></div><div>Sadly (and ironically), if this legislation became law today, not a single Canadian (with or without a disability) would benefit. It wouldn't even make a good paperweight, given how short it is. </div><div><br /></div><div>This is why the requirement that people with disabilities (and presumably their allies) must be meaningfully engaged in developing the regulations is so crucial.</div><div><br /></div><div>And time passes.</div><div><br /></div><div><b>** <i>Fortunately, this includes the Dept of Community Services. They won't be unable to claw the benefit back. Now that's worth celebrating.</i></b></div><div><br /></div>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-25234623011734334892022-10-29T16:04:00.009-03:002022-10-29T16:13:45.631-03:00Update on Canada Disability Benefit Act
<p style="text-align: left;"><b>This past week, MPs unanimously passed the second reading of Bill C-22, the <i><a href="https://specialneeds-ns.blogspot.com/2022/07/ive-posted-few-times-on-my-mmc-legal.html" target="_blank">Canada Disability Act</a>.</i></b></p>This only happened thanks to a lot of work by the disability community in reaching out to MPs to stress the importance of the creation of the Canada Disability Benefit. We all need to be proud of this moment. <div><br /></div><div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEilVWQ0k8EFTHGokD9jrxkRme5KAKEwd-qdxFK_6IXrHF0V_7CObjYkXITm2MvTIMnrLwP2xyjMAKQ-MSGQqXXOq2I5Ofxdt_ywDp7A1Sv6OUASUMBN3AbBOAXgFEmW4K_61_11QIkjFUb1RlujBlxBmnSgXB1V5sByee_qTcieWc8R3vgGMnx3DpQ4_A/s276/Legal%20Piggy%20Bank.jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="183" data-original-width="276" height="133" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEilVWQ0k8EFTHGokD9jrxkRme5KAKEwd-qdxFK_6IXrHF0V_7CObjYkXITm2MvTIMnrLwP2xyjMAKQ-MSGQqXXOq2I5Ofxdt_ywDp7A1Sv6OUASUMBN3AbBOAXgFEmW4K_61_11QIkjFUb1RlujBlxBmnSgXB1V5sByee_qTcieWc8R3vgGMnx3DpQ4_A/w200-h133/Legal%20Piggy%20Bank.jpg" width="200" /></a></div>The proposed legislation will now move to the Committee stage, where MPs on the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) will study the Bill and hear from witnesses, people with disabilities, disability groups and others. </div><div><br /></div><div><div>NOTE: <i>Moving forward in this post, I will be using the terms legislation, statute and Act (such as the Canada Disability Act) interchangeably.</i> </div></div><div><br /></div><div><div></div><div><u><b>However, there is a lot more work to do before the Bill is passed into law</b>.</u> </div></div><div><div><br /></div><div>After being considered by the Committee, the Bill will return to the House of Commons for the Report stage and Third Reading debate before its final vote. Only then will it be sent to the Senate where it will go through all the same stages it went through in the House of Commons. </div><div><br /></div><div><a href="https://inclusioncanada.ca/" target="_blank">Inclusion Canada</a> is hoping that it is hoped that the legislation will be passed by Parliament by December 2022 and the Canadian Disability Benefit created quickly in 2023. Unfortunately, even that is far from the end of the story. <i>This is no time to rest on our laurels.</i></div></div><div><br /></div><div><b>The Devil in the Details</b></div><div>This is the current version of the <a href="https://www.parl.ca/DocumentViewer/en/44-1/bill/C-22/first-reading" target="_blank">draft legislation</a>. If you read it carefully, you will see it doesn't tell us much other than a Benefit will be created. We are left wondering who will be eligible, how much individuals will actually receive or if it's a one-time payment or annual benefit, among other things. </div><div><br /></div><div>Here's the sticking point. </div><div><br /></div><div>Passing legislation can be quite a challenge depending on who/what it benefits and the political makeup of the House. Think minority government. But often, as this is this case, that is far from the end of the story.</div><div><br /></div><div>Many, many moons ago, I discussed how legislation (in this case, the proposed <b><i>Canada Disability Act</i></b>), regulations and policy<a href="https://specialneeds-ns.blogspot.com/2007/10/legislation-regulations-and-policy-oh.html" target="_blank"> interact</a>. I suggest you take a quick look at that before we move on to look at what happens after next, after the legislation is finally passed.</div><div><br /></div><div><i>Passing legislation is far from the end of the story.</i></div><div><i><br /><span><a name='more'></a></span></i>It is very rare for new legislation to come into effect right away. The date new legislation comes into effect can usually be found near the very end of the document. Occasionally, it sets a specified date when this will occur, but more often, it says it will come into effect when given <i>royal assent</i>. </div><div><br /></div><div>In Canada, legislation requires the approval of the Governor General or another designated representative of the Crown, aka King Charles. The real catch here is that doesn't happen until the government requests it, meaning legislation can sit around a very long time before it ever comes into effect. However, even that is often not the end of the story.</div><div><br /></div><div><b>Regulations</b></div><div>For most legislation (federal or provincial), the provincial or federal government will enact regulations under the statute. </div><div><br /></div><div>It works like this. </div><div><br /></div><div>Legislation passed by Parliament sets out broad legal and policy principles about a topic. It describes requirements and can include punishments for breaking the law. Regulations, rules, by-laws and some codes (subsidiary legislation) define and control how an authority operates to implement the law.</div><div><br /></div><div>To put it another way, the legislation gives the broad outlines of what the government can and cannot do and/or what you and I as citizens are allowed and not allowed to do. The regulations fill in the some of the details that is missing from the legislation itself. Both statutes and regulations have the force of law BUT nothing in the regulations can be contrary to anything set out in the legislation. In other words, the legislation is the boss and the regulations are just the helpful assistants tasked with doing as they are told and filling in some of those nitty gritty details.</div><div><br /></div><div>In this case, everything of note (such as who will be eligible, how much individuals will receive or if it's a one-time payment or annual benefit) have been left to the regulations<b>* </b>. Regulations that haven't even been drafted yet and won't be in final form until sometime after the Act is passed. </div><div><br /></div><div>For this particular legislation, the statute, once it is passed, will be little more than an empty shell. What really matters, what we really care about and need to know with respect to the the Canada Disability Benefit will not be drafted until ... who knows? Not I.</div><div><br /></div><div style="text-align: center;"><b> ~ ~ ~ ~ ~</b></div><div style="text-align: center;"><b><br /></b></div><div>If you're interested in learning more details as to how the legislative process works with the federal government, you can <a href="https://www.ourcommons.ca/procedure/our-procedure/LegislativeProcess/c_g_legislativeprocess-e.html" target="_blank">find it here</a>. Otherwise, the <a href="https://specialneeds-ns.blogspot.com/2007/10/legislation-regulations-and-policy-oh.html" target="_blank">link above</a> should give you what you need to understand the interaction between legislation and regulations with respect to the Canada Disability Benefit.</div><div><br /></div><div><br /></div><b>* </b><i>Clause 11 of the <a href="https://www.parl.ca/DocumentViewer/en/44-1/bill/C-22/first-reading" target="_blank">Act</a> provides for regulations to be drafted respecting the eligibility criteria,</i><div><i>conditions to be met in order to receive or to continue to receive a benefit, the amount of the benefit, possible indexing for inflation, payment periods, the amount to be paid each period, appealing a decision and more. </i></div><div><i><br /></i></div>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-32698165033541108252022-10-13T18:14:00.016-03:002022-10-13T18:43:22.694-03:00Major Improvements to Disability Tax Credit Eligibility<p>I've written a <a href="https://specialneeds-ns.blogspot.com/search/label/Taxation%20Issues" target="_blank">fair bit </a>over the years about the Disability Tax Credit ("<a href="https://specialneeds-ns.blogspot.com/search?q=disability+tax+credit">DCT</a>"); <a href="https://specialneeds-ns.blogspot.com/2022/07/ive-posted-few-times-on-my-mmc-legal.html" target="_blank">primarily</a> how <a href="https://specialneeds-ns.blogspot.com/2007/10/disability-tax-credit-tales-from.html" target="_blank">worthwhile</a> it is to<a href="https://specialneeds-ns.blogspot.com/2008/11/getting-it-right-first-time-applying.html"> have</a> and <a href="https://specialneeds-ns.blogspot.com/2020/04/lessons-learned-review-of-disability.html" target="_blank">how difficult</a> it is to be <a href="https://specialneeds-ns.blogspot.com/2020/05/lessons-learned-appealing-denial-of.html">approved</a>. Finally, some <a href="https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit/eligible-dtc/mental-functions.html" target="_blank">good news</a>.</p><p></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjc6ObEzDLAXqU5W6xdHCA2fkphCY-1SBlEb0_5LoyZIdPZlqTMc8Z8KpgaTnuO7dQxQQTSNh2fE4cdyjezp-1I0n0zo8y17N8WbW2Ad-2rovfLtjFYjj358h7Txoxf_qRcIp9A6hhvMWu-69E69DZeggRHTBeUw8nMLjbrZIAk74xs97FdDWJasAODbA/s800/Disability%20Tax%20Guide.jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="571" data-original-width="800" height="143" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjc6ObEzDLAXqU5W6xdHCA2fkphCY-1SBlEb0_5LoyZIdPZlqTMc8Z8KpgaTnuO7dQxQQTSNh2fE4cdyjezp-1I0n0zo8y17N8WbW2Ad-2rovfLtjFYjj358h7Txoxf_qRcIp9A6hhvMWu-69E69DZeggRHTBeUw8nMLjbrZIAk74xs97FdDWJasAODbA/w200-h143/Disability%20Tax%20Guide.jpg" width="200" /></a></div>In order to qualify for the DTC, a medical practitioner must certify that you have have <br /><p></p><ul><li>a severe and prolonged impairment in one of the specified categories;</li><li>a significant limitations in two or more categories, or </li><li>receive therapy to support a vital function.</li></ul><blockquote><b style="text-align: center;">The good news is that the eligibility criteria for mental functions and some other disabilities has been expanded and made </b><b style="text-align: center;">retroactive </b><span style="text-align: center;"><b>to January 1, 2021, so even if you previously applied and were refused, you <a href="https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit/review-decision-dtc.html#h-1-1" target="_blank">might just get there</a> now. </b></span></blockquote><span style="text-align: center;"><b></b></span><p></p><p><b></b></p><p>The various categories are set out below, but I'm going to focus on "mental function" today. You can view the previous (2020) and expanded criteria to qualify under<a href="https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit/review-decision-dtc.html#h-1-1" target="_blank"> mental function here</a>. </p><p>As just one example of the changes, previously only adaptive functioning, memory and judgment were considered under the heading "mental function". Now, in addition to the above, attention; concentration; goal setting; perception of reality; problem solving; regulating behaviour and emotions; and verbal and nonverbal comprehension will be considered. </p><p>The requirements of what can be considered under each of the above items have also been expanded to allow for consideration of more things. For example., when looking at adaptive functioning, for the first time adapting to change, expressing basic needs and going into the community will be considered.</p><p><u>One of my personal favourites, when looking at judgment, previously only things such as following treatment prescribed by a doctor and selecting clothing appropriate to the weather were considered. Now, in addition to the above, recognizing the risks of being taken advantage of by others and understanding the consequences of your actions will also be considered. </u>Anyone who has dealt with a representation application (formerly known as <a href="https://specialneeds-ns.blogspot.com/search/label/Guardianship" target="_blank">adult guardianship</a>) knows just how important those<a href="https://specialneeds-ns.blogspot.com/2019/02/representation-vulnerability-just-ahead.html" target="_blank"> last two things</a> are to safety and functioning in everyday life.</p><p>It's a little confusing to explain some of the changes, so I strongly recommend you check out the both the previous and new<a href="https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit/eligible-dtc/mental-functions.html" target="_blank"> more inclusive</a> list of items considered for yourself. </p><p>As I said, we have only looked at the criteria under "mental functions" in this post, but as noted above there are changes in the criterial for other types of disabilities, too, such as </p><p></p><ul style="text-align: left;"><li>the recognition of more activities in determining time spent on life-sustaining therapies; </li><li>a decrease in the required frequency of life sustaining therapy (now requires a minimum of two times per week as opposed to three); and</li><li>including individual with Type One diabetes under the heading "life sustaining therapy".</li></ul><div>You can find more detail on those <a href="https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit/eligible-dtc.html" target="_blank">other categories</a> here. </div><div><b><br /></b></div><div><b>Not to say the system is now perfect but it should be a LOT BETTER than before and remember, besides the tax savings, the DTC is the gateway to all federal programs for persons with disabilities, such as the <a href="https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/registered-disability-savings-plan-rdsp.html" target="_blank">Registered Disability Savings Plan</a> and soon (hopefully) the <a href="https://planinstitute.ca/canada-disability-benefit/" target="_blank">Canada Disability Benefit</a>.</b></div><div><br /></div><div><b>* </b><i>The categories are walking, mental functions, dressing, feeding, eliminating (bowel or bladder functions), hearing, speaking and vision </i></div><div><i><br /></i></div>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-32431619887881764252022-09-30T14:43:00.001-03:002022-09-30T14:43:27.357-03:00Advocacy Is What Its All AboutThe following is an excerpt from the Inclusion Matters September 2022 email:<br /><div><blockquote><div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhjcYuQbQMbC58SNHH5qOTDZ12QJtTaagWA-Zo7-YNf6j0LaRpZ5TRTr33TTcN9i4pAfNR8z7vvJHol8cdiNmPg1a4BcoijOW0wOYw7qOJ7CaFd-qHi9eVGfr1Wm6RIwzzpkE9wsDpQ2ZARjNeYwG_PhpZl4Q64ltRvjHAW1OM4AN14qUItd9ZKaCNdFQ/s1000/Advocacy.Adobe.II.jpeg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="667" data-original-width="1000" height="133" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhjcYuQbQMbC58SNHH5qOTDZ12QJtTaagWA-Zo7-YNf6j0LaRpZ5TRTr33TTcN9i4pAfNR8z7vvJHol8cdiNmPg1a4BcoijOW0wOYw7qOJ7CaFd-qHi9eVGfr1Wm6RIwzzpkE9wsDpQ2ZARjNeYwG_PhpZl4Q64ltRvjHAW1OM4AN14qUItd9ZKaCNdFQ/w200-h133/Advocacy.Adobe.II.jpeg" width="200" /></a></div><span style="font-family: Raleway; font-size: 10.5pt;">On September 20, Members
of Parliament debated the second reading of Bill C-22, which seeks to create
the Canada Disability Benefit.</span></div><div><br /></div><div>This historic legislation will implement a monthly benefit for people with a disability in Canada, with an aim to reduce poverty rates across the country for people with disabilities. While many people with intellectual disabilities and their families face increased expenses and with over 70% of people with intellectual disabilities living in poverty. This bill has the potential to make life easier for many and bring people with disabilities above the poverty line. We have never been this close before to making such a positive financial impact. </div><div><br /></div><div>Unfortunately, on September 28, Conservative MPs denied a unanimous motion in the House of Commons that would have fast-tracked Bill C-22. As a result, further debate and passage of the Bill will be delayed. It is now more important than ever to contact your MP and urge them to support this important foundation legislation. </div><div><br /></div><div style="text-align: center;"><b><i>We need your help! </i></b><span style="text-align: left;"> </span></div></blockquote><blockquote><div>By phoning or emailing your MP you can ask them to support and vote in favour of Bill C-22. We need to request that all MPs, regardless of political affiliation work collaboratively to fast-track this legislation now so people with disabilities don't have to wait any longer for this much needed financial support. Tell them your story as to why this is important to you and or your family member. </div></blockquote><div><br /><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjjFviyurOfQCJ8OaCsMcEyYJ4gOqHQQuBxIafFrVkFdpOlslnch4nY1Jo2Ykd8m_zsyTz4sEk5kc_3vwLFQKuS99cKPmUqiAHuvTi0OKndvf9pg5e9FVG6X9-HnDBEGnfr0SLLbfop24ixX2a3t28OGDFgMSU_nrB7_aWkW22QNto8yta3wjcVtom0Yw/s275/Advocacy%20definition.jpg" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="183" data-original-width="275" height="133" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjjFviyurOfQCJ8OaCsMcEyYJ4gOqHQQuBxIafFrVkFdpOlslnch4nY1Jo2Ykd8m_zsyTz4sEk5kc_3vwLFQKuS99cKPmUqiAHuvTi0OKndvf9pg5e9FVG6X9-HnDBEGnfr0SLLbfop24ixX2a3t28OGDFgMSU_nrB7_aWkW22QNto8yta3wjcVtom0Yw/w200-h133/Advocacy%20definition.jpg" width="200" /></a></div></div><div><br /></div><div><blockquote>Click here for your <a href="https://www.ourcommons.ca/members/en/search" target="_blank">MP's contact info</a> here. </blockquote><blockquote>Click here to a <a href="https://www.scribd.com/document/597739122/Canada-Disability-Benefit-Letter" target="_blank">template letter</a> you can personalize to send to your MP. </blockquote></div></div>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-81684550100744715862022-08-28T20:17:00.010-03:002022-08-31T12:17:12.664-03:00Protecting an Inheritance with the Registered Disability Savings Plan?<p>I was asked recently whether an inheritance could be placed directly into a Registered Disability Savings Plan ("<a href="https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/registered-disability-savings-plan-rdsp.html" target="_blank">RDSP</a>") so as to protect those funds from the Department of Community Services. As an aside, if you're somehow not <a href="https://specialneeds-ns.blogspot.com/2007/09/rdsp-boom-or-bust.html" target="_blank">already</a> <a href="https://specialneeds-ns.blogspot.com/2010/09/focus-people-focus.html" target="_blank">familiar</a> with the RDSP, you really <a href="https://specialneeds-ns.blogspot.com/2007/12/rdsp-in-nutshell.html" target="_blank">need to</a> be. </p><p></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/a/AVvXsEi6I8evuD9UDlwfbM7EErPD-lpUg9kFXlgukxVuw5XXJm3sFe9Af4kAjTHVpuyAFZKU7BfbORX6xJZZbV79SqlhZKFdOY19I6yxUA5i2f4KHR3nGVQsCJUvXpW2tyx-eJQ4xOS6QE5EMRuTYvQyiJ3atDLWuAzSqsSli18ImZcO_kV4UlP3qAQE7EkDsA" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img data-original-height="116" data-original-width="200" height="116" src="https://blogger.googleusercontent.com/img/a/AVvXsEi6I8evuD9UDlwfbM7EErPD-lpUg9kFXlgukxVuw5XXJm3sFe9Af4kAjTHVpuyAFZKU7BfbORX6xJZZbV79SqlhZKFdOY19I6yxUA5i2f4KHR3nGVQsCJUvXpW2tyx-eJQ4xOS6QE5EMRuTYvQyiJ3atDLWuAzSqsSli18ImZcO_kV4UlP3qAQE7EkDsA=w200-h116" width="200" /></a></div>As long-time readers will know, when calculating an individual's [continuing] financial eligibility to benefits under the <a href="https://specialneeds-ns.blogspot.com/2007/10/services-for-persons-with-disabilties.html" target="_blank">Disability Support Program</a> ("DSP") the Department of Community Services ("DCS") looks at both the individual's monthly income and their assets. With some specified exceptions, the Department considers any property owned by a person regarded as having value and <u>available to meet debts and commitments</u> as an asset.<p></p><p>For our purposes, there are four main ways of transferring property or money to a beneficiary under a Will. The executor will be directed to </p><p></p><ul style="text-align: left;"><li>transfer the bequest directly to the named individual;</li><li>hold the funds in the type of discretionary trust used whenever a minor child is a beneficiary;</li><li>hold the funds an absolute discretion trust [better known as a "<a href="https://specialneeds-ns.blogspot.com/2007/11/protecting-your-childs-future-with.html" target="_blank">Henson trust</a>"] or</li><li>direct that the funds be placed in an identified RDSP for the benefit of the beneficiary.<b>**</b></li></ul><p></p><p>Unfortunately, only two of the above will protect an asset like an inheritance from being taken into account by under the DSP. <u>Neither a direct transfer nor the creation of the typical and well-used discretionary trust bodes well financially for any beneficiary who is [or will be] eligible for support under the DSP</u>, as both will result in the funds being taken into account and negatively affect the beneficiary's current (and most likely) future benefits. Unfortunately, the more significant the the inheritance, the greater that negative effect will be. </p><p><b></b></p><blockquote><b>The key to protecting any inheritance from DCS is to ensure that, from a legal point of view, the funds are never placed in the hands of the beneficiary, meaning the beneficiary has no legal right, either themselves or through an agent, to access those funds, something that both a Henson Trust and a RDSP can do IF the Will is properly worded. </b></blockquote><p></p><p><b>The <a href="https://specialneeds-ns.blogspot.com/search/label/Henson%20Trust" target="_blank">Henson Trust </a> </b>I am a huge proponent of the Henson Trust in such a situation as it's the safest and most effective way to make sure that the inheritance is protected from the DCS while maintaining quick and easy access to the funds for the benefit of the beneficiary.<b> </b>As <a href="https://specialneeds-ns.blogspot.com/2017/07/an-estate-planning-tool-for-all.html" target="_blank">discussed</a> many <a href="https://specialneeds-ns.blogspot.com/2007/11/protecting-your-childs-future-with.html" target="_blank">times</a> over the <a href="https://specialneeds-ns.blogspot.com/2009/10/henson-trust-clarification.html" target="_blank">life</a> of this blawg, this is hands down the best way to handle an inheritance for a person who is or will be receiving government benefits. </p><span><a name='more'></a></span><p><i>AS AN ASIDE, PLEASE NOTE THAT A HENSON TRUST DOES NOT INVOLVE THE CREATION OF A DOCUMENT SEPARATE FROM THE WILL ITSELF, BUT IS VALIDLY CREATED THROUGH THE USE OF PARTICULAR WORDING IN THE CLAUSE OF THE WILL THAT PROVIDES FOR THE BENEFICIARY'S BEQUEST. </i></p><p><b>The RDSP</b> As the law provides that any funds held in a RDSP will not be considered as either income or an asset when calculating government benefits, if the Will places the funds DIRECTLY in a RDSP that has already been set up for the individual's benefit, access to to the DSP will not be affected. </p><p>If [and only IF] the funds go directly from the estate to the RDSP, from a legal point of view, they were never under the beneficiary's control, meaning the beneficiary never had any legal right to access the funds. </p><p>However, this requires that either the beneficiary or someone acting on their behalf has created a RDSP <u>prior to the Will being executed</u> so that the identifying details of that RDSP can be set out in the Will and that RDSP still be in existence when the funds are to be transferred (after the testator's death).</p><p><b>But What If ... </b> In those situations where it's too late for the testator to direct that the funds be held in a Henson Trust or deposited in a RDSP (meaning after their death), the situation becomes a little stickier. There is no doubt that initially, at least, DCS would take the view that an inheritance that was directly transferred to the beneficiary (or their parent, guardian or Representative appointed pursuant to the <i><b><a href="https://novascotia.ca/just/pto/adult-capacity-decision.asp#:~:text=Nova%20Scotia%20has%20a%20new,or%20all%20decisions%20for%20themselves." target="_blank">Adult Capacity and Decision-Making Act</a></b></i>, depending on the situation) cannot be protected by placing it in a RDSP. However, the situation is far from crystal clear.</p><p>We know that the legal test is whether the beneficiary receiving government assistance has any right to legally access the funds once they have been placed in a RDSP; however, this is not necessarily as cut and dry as we might like. It all depends on the situation. That answer comes those details will need to be the topic of a separate blawg post. </p><p><i>Did you honestly expect a simple response to a simple question when the answer lies in that place no one ever truly wants to go ... the place where disability law and the CRA collide? </i></p><p>In all honesty, I suppose I could have responded with the standard "It depends" answer, which while legally correct tends to make the listener roll their eyes and walk away thinking nasty thoughts about lawyers. And we certainly don't want to go there, do we? Not I.</p><p><b>** </b><i>Please note that, disability or not, if the term "trust" does not appear in the clause setting out the bequest, irrespective of disability or age, </i><i>the inheritance </i><i>will be considered transferred directly to the beneficiary provided they are 19 or older, the parent or guardian if the beneficiary is a minor, or a legal Representative.</i><i> In either of the last two situations, the law imposes </i><i>a trust relationship upon the recipient, meaning that person holds those funds in trust for the benefit of the named beneficiary. <b><u>Unfortunately, it's not the type of trust that will protect those funds from DCS.</u></b></i></p>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-25192408753218064102022-07-06T15:45:00.013-03:002022-07-06T15:56:51.468-03:00Yeah .... About This Whole Blogging Thing<p></p>If you followed the first link in my <a href="https://specialneeds-ns.blogspot.com/2022/07/ive-posted-few-times-on-my-mmc-legal.html" target="_blank">last post</a>, you might have noticed that I'm much more productive on the <a href="https://www.facebook.com/MichelleMorganCooleDisabilitySpeaker" target="_blank">MMC Legal Service's</a> FB page than I am here. <p></p><p></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgMTFPwhmkE-r160FpxDs1dDygdZ7Zg576VoDtvVYjzwOZDQVt-trxhte-k4teMUjDrIotR0lPsPncv7OMNnQLfFZz0_bJPEMZZzGj91QktAoo2m1sn-3WTFqwhQOYv8o2FmdgAWU6eIZjr46v3QS_oqhYsJGSL4n8H_727Ae_-3J8zh-c_D49PQQ0lZQ/s800/Blogging%20Tips.jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="533" data-original-width="800" height="133" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgMTFPwhmkE-r160FpxDs1dDygdZ7Zg576VoDtvVYjzwOZDQVt-trxhte-k4teMUjDrIotR0lPsPncv7OMNnQLfFZz0_bJPEMZZzGj91QktAoo2m1sn-3WTFqwhQOYv8o2FmdgAWU6eIZjr46v3QS_oqhYsJGSL4n8H_727Ae_-3J8zh-c_D49PQQ0lZQ/w200-h133/Blogging%20Tips.jpg" width="200" /></a></div>That's because it's so much quicker and easier to post a link to some current event or issue, adding my thoughts in a few lines of text than it is to pen a meaningful blawg post. <p></p><p></p>Trust me when I say it takes me a lot longer to write a post than it does you to read it.<p></p><p>That's why I am throwing out the following two thoughts for your consideration.</p><div class="separator" style="clear: both; text-align: center;"><p></p><ul style="text-align: left;"><li>You might want to follow the <a href="https://www.facebook.com/MichelleMorganCooleDisabilitySpeaker" target="_blank">FB page</a> to keep more up-to-date with current goings-on.</li></ul><div><ul style="text-align: left;"><li>This gives the added benefit of being able to either DM or use the Contact Me option on the MMC Legal Services' <a href="http://mmclegalservices.ca/" target="_blank">website</a> should you see
something you think would benefit from a more in-depth
discussion.</li></ul><div><p style="text-align: left;">Take your time. I'll be right here waiting.</p></div></div></div>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-63118066993376506992022-07-06T14:58:00.005-03:002022-07-06T15:08:53.682-03:00The Canada Disability Benefit Needs You ... and You ... and You<p>I've posted a few times on my <a href="https://www.facebook.com/MichelleMorganCooleDisabilitySpeaker" target="_blank">MMC Legal Services</a> FB page about the yet-to-be seen Canada Disability Benefit<a href="https://liberal.ca/our-platform/introduce-a-disability-benefit/" target="_blank"> promised</a> prior to the last federal election. </p><p>The following is the text I received in an email from <a href="https://www.disabilitywithoutpoverty.ca/" target="_blank">Disability Without Poverty</a>. Please read the Call to Action found at the bottom of this post. </p><blockquote style="text-align: center;"><b><span style="font-size: medium;">Turning Bill C-22 Into The Canada Disability Benefit Act</span></b><div><i>By Amanda Lockitch </i><div><br /></div><div style="text-align: left;"><b><u>How Does a Bill Become Law in Canada? </u></b></div><div style="text-align: left;"><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg21t0FTqJio1_Gnvm2gHCBZOMXDcjvAKiYKQyHMQ6QmMVI9BQ4Pw-E3mtVLMDzLj2aOTSYswlnYr0a7Lz6SMbbHE-M4KTKSYyDRzIlXpBVLn_ZLx2WMyslMMZwaISokUu_65M4MECgToLhadpgZXwfojyYhelJrFglWLxW64gREuDKvsFj35gy1GeSKw/s3648/Canada%20child.jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="3648" data-original-width="2432" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg21t0FTqJio1_Gnvm2gHCBZOMXDcjvAKiYKQyHMQ6QmMVI9BQ4Pw-E3mtVLMDzLj2aOTSYswlnYr0a7Lz6SMbbHE-M4KTKSYyDRzIlXpBVLn_ZLx2WMyslMMZwaISokUu_65M4MECgToLhadpgZXwfojyYhelJrFglWLxW64gREuDKvsFj35gy1GeSKw/s320/Canada%20child.jpg" width="213" /></a></div>On June 2, 2022, the Canada Disability Benefit (CDB) had its first reading in the House of Commons (HOC). On June 13th, with roughly 10 sitting days left before parliament adjourns for summer break, the leaders of over 75 stakeholder organizations put forth a letter to government requesting that Bill C-22 (CDB) be called for its second reading before this adjournment. The second reading will enable C-22 to move to its assigned Standing Committee and then onto the rest of the legislative process. The hope is that the CDB can progress in a timely manner because people are in desperate need of help now.</div><div style="text-align: left;"><br /></div><div style="text-align: left;">While Bill C-22 has reached the first important step of being tabled, many working age people with disabilities living in Canada are asking why their dinner plates are still empty at the end of each month. We are seeing increasing accounts of people taking the drastic step of applying for Medical Aid in Dying (MAiD) simply because they can’t make ends meet. How long will it take the CDB to reach the pocketbooks of people in need? </div><div style="text-align: left;"><br /></div><div style="text-align: left;">Saskatchewan Senator Brent Cotter and Greg McMeekin, Alberta’s Advocate for Persons with Disabilities, held a webinar moderated by the Co-Chair of Disability Without Poverty, Michelle Hewitt, to explain the process of how a bill becomes law in Canada and answer questions that have arisen about this process. Below is an overview of that process. </div><div style="text-align: left;"><br /></div><div style="text-align: left;"><b><u>The House of Commons </u></b></div><div style="text-align: left;">In this case, the CDB was introduced into the HOC. Once past its first reading and tabled, it must go through a second reading, where it undergoes debate and a vote on its principles. Then it moves to its Standing Committee. </div><div style="text-align: left;"><b><br /></b></div><div style="text-align: left;"><b><u>Consideration in Committee </u></b></div><div style="text-align: left;">Witnesses and experts are invited to the committee to examine the implications of the proposal. They look at how to improve it, what might need to be added or taken away. They review it, clause by clause, and eventually report back to the HOC. In this case the committees will examine over 20 regulations to make sure they fit the letter of the bill as introduced. For example, Bill C-22, as introduced, speaks to a benefit for people of working age. That means if anywhere it includes minors or seniors as entitled to the benefit, they are ‘out of bounds’ and cannot remain in this particular bill. Once every regulation and every aspect of the bill has been approved by its committee, it is reported back, to the HOC and receives its third reading. </div><div><br /></div><div style="text-align: left;"><b><u>The Senate </u></b></div><div style="text-align: left;">Then it goes through a similar process from first to third read in the Senate.
Once the exact same version passes through both the HOC and the Senate it obtains Royal Assent from the Governor General. It passes into law by Coming into Force at the discretion of the Governor in Council. It changes from Bill C-22 to the Canada Disability Benefit Act.</div><div><br /></div><div style="text-align: left;"><b><u>Where We Stand Toda</u>y </b></div><div style="text-align: left;">At this time, the HOC has risen for the summer break. </div><div style="text-align: left;"><br /></div><div style="text-align: left;">While Bill-C22 did not receive a second reading, we are hopeful it will be picked up quickly again in the fall. We encourage you shake hands with your local MPs when you see them out and about this summer and keep the pressure on regarding the Canada Disability Benefit. As too many people living in Canada are aware: poverty doesn’t take a break for summer.</div></div></blockquote><div></div><div><b><br /></b></div><div><b>CALL TO ACTION</b></div><div><b><br /></b></div>Disability Without Poverty is <a href="https://www.disabilitywithoutpoverty.ca/take-action-for-a-canada-disability-benefit/" target="_blank">requesting</a> people to Meet, Call or Email your local MP.<div><br /></div><div>Over 1,650 Canadians have written to your MPs to let them know how important it is to move people with disabilities out of poverty but we must continue to make sure the Canadian Disability Benefit remains a national priority.<div><br /></div><div>If unsure who local MP is or how to contact him or her, <a href="https://www.ourcommons.ca/Members/en/search" target="_blank">this page</a> will allow you to search MPs by entering your postal code. Following the corresponding link, will give you all the contact information.</div></div>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-24860604764121664882022-06-21T16:04:00.007-03:002022-06-21T16:49:24.277-03:00Public Service Announcement: Accessibility<p><i><b>The following showed up in my email from <a href="https://inclusioncanada.ca/" target="_blank">Inclusion Canada</a> today so I'm passing it on.</b></i></p><blockquote>You have a right to accessible information. What should that look like?
</blockquote><blockquote><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjKxJ5Z-2-HHmYcMxUCkq9zgvncxQHKHWldbOV78oFvSk9gmf6BomAeD5OvS6GSHcTq4p8r_EMt3pl-J4qYMvQ7G_OCV9xH-2q8USRwye0LKyoFKSoTELctSzuMiAns6cujXBeUErccxDTNT596QYdREckV_nCuYc93Mp14RWL-O_2dFBriQ0z-L7MOjw/s800/SURVEY.jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="534" data-original-width="800" height="134" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjKxJ5Z-2-HHmYcMxUCkq9zgvncxQHKHWldbOV78oFvSk9gmf6BomAeD5OvS6GSHcTq4p8r_EMt3pl-J4qYMvQ7G_OCV9xH-2q8USRwye0LKyoFKSoTELctSzuMiAns6cujXBeUErccxDTNT596QYdREckV_nCuYc93Mp14RWL-O_2dFBriQ0z-L7MOjw/w200-h134/SURVEY.jpg" width="200" /></a></div>We know that accessibility is key to people with disabilities participating fully and equally in society. Fill out a survey to help us tell the federal government how they can do better and communicate more accessibly. <div><br /></div><div>Inclusion Canada is looking for people with an intellectual or developmental disability and their supporters to speak up. We want your voices to be heard
You can do the survey in three ways: </div></blockquote><p><span> </span><span> 1. </span>Online </p><p> 2 With support over the phone or a video call </p><blockquote><div>3. On paper (we will mail you a printed copy of the survey) </div><div><br /></div><div><span style="font-family: Raleway; font-size: 11.5pt;">Please contact </span><span face="Arial, sans-serif" style="color: #3e3e3e; font-size: 10.5pt;"><a href="mailto:AIIDD.Study@camh.ca" target="_blank"><b><span style="color: #483698; font-family: Raleway; font-size: 11.5pt;">AIIDD.Study@camh.ca</span></b></a></span><span style="font-family: Raleway; font-size: 11.5pt;"> or by phone 437-328-6761.</span></div></blockquote><blockquote>When you complete the survey you will be entered into a draw for 1 of 12 gift cards. But the real prize helping improve how the Government of Canada communicates with people with disabilities in the future. <div><br /><div>This project is a partnership between Inclusion Canada, the Centre for Addiction and Mental Health (CAMH), People First of Canada, the British Columbia Aboriginal Network on Disability Society (BCANDS), and Surrey Place.<i> </i></div></div></blockquote><blockquote><div><div><i></i></div></div></blockquote><blockquote><div><div></div></div></blockquote><div><div><p></p></div></div>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-72765193743516260802022-05-19T14:59:00.002-03:002022-05-19T15:02:22.830-03:00The Canada Disability What??!! Does anyone <a href="https://planinstitute.ca/canada-disability-benefit/" target="_blank">remember</a> the Canada Disability Benefit? Apparently, the <a href="https://www.nationalobserver.com/2022/04/13/opinion/what-happened-canada-disability-benefit" target="_blank">government</a> doesn't. <div><br /></div><div>Which is why this is so necssary.</div><div><br /></div><div>
<iframe frameborder="0" height="270" src="https://youtube.com/embed/1C8tzbUBKEI" width="480"></iframe></div><div><br /></div>
It's long past time to bring this back to the public's attention. <div><br /></div><div>SO IF YOU WANT TO HELP, <a href="https://www.disabilitywithoutpoverty.ca/ask-your-mp/?utm_medium=email&_hsmi=213584478&_hsenc=p2ANqtz-_q80mv-o6Dfe_xEroUD8Cxcy46dbvKlSShbbLvnoU7kLcJ1NSf_QXUrxAKCSB8m6gvj3BDKYLqwpBijjmS4VxGcEkgEA&utm_content=213584478&utm_source=hs_email" target="_blank">HERE'S HOW</a>.<div><br /></div><div>In the meantime, keep on singing. Keep on dancing. No matter how you <a href="https://www.youtube.com/watch?v=1C8tzbUBKEI&ab_channel=DisabilityWithoutPoverty" target="_blank">groove.</a></div><div><br /></div></div>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-15896711653444950462021-10-08T19:00:00.012-03:002021-10-10T16:44:59.954-03:00In Residential Care Situations, What Are Essential Visitors?These days when I come across an interesting issue or article in the media, I generally just post on FaceBook, reasoning that at least that way it will receive some attention. You may not know this but legal blogging is a <b><i>very</i></b> labour and time-intensive craft (at least it is if you want to do it right) and many days I find it hard to keep up with both my practice and my life.<div><br /></div><div><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhi3CbYa5kgmkb6q2qaOwV7h6HatIvjWSMvFCQqmfxJzprxGFGAGPjQszhlVsFS-N22bXkjZCpmB5l6xeYEY7VVbnXKLFJjhcx-C0Y_-zHMAd3l6DuspqwfRQhMcpyZ2POy-Ma0mgoIm0g9/s612/COVID+6+feet.jpg" style="clear: right; display: inline; float: right; margin-bottom: 1em; margin-left: 1em; text-align: center;"><img border="0" data-original-height="408" data-original-width="612" height="213" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhi3CbYa5kgmkb6q2qaOwV7h6HatIvjWSMvFCQqmfxJzprxGFGAGPjQszhlVsFS-N22bXkjZCpmB5l6xeYEY7VVbnXKLFJjhcx-C0Y_-zHMAd3l6DuspqwfRQhMcpyZ2POy-Ma0mgoIm0g9/w320-h213/COVID+6+feet.jpg" width="320" /></a>Although something may indeed better than nothing, the downside is that it limits how much commentary I can provide on any given issue, so it really isn't the same, is it? </div><div><br />So just as I would about to add this link on the <a href="https://www.facebook.com/MichelleMorganCooleDisabilitySpeaker" target="_blank">MMC Legal Services FB page</a> , I stopped, took a deep breath and made the decision bring it here instead. Consider it a small effort at atonement.<p></p><p></p>I know for a fact that the restrictions on visitation at Dept of Community Services home in Nova Scotia has affected many individuals and their families. Although I don't know for sure exactly how negatively people have been affected here, I do know that Nova Scotia could sorely use something along the lines of this proposed <a href="https://www.tvo.org/article/in-ontario-group-homes-who-counts-as-an-essential-visitor-and-who-should" target="_blank">Private Member's Bill </a>in Ontario.<p></p><blockquote>
Many, including Taylor, hope that a private-member’s bill introduced in September 2020 could lead to change. The More Than a Visitor Act, proposed by Lisa Gretzky, NDP critic for the Ministry of Community, Children and Social Services, aims to ensure that caregivers of a group-home resident would not be treated “merely as a visitor,” especially in emergency situations. The bill defines a caregiver as an individual who “<i>continuously or occasionally provides significant, unpaid, non-professional support to a person receiving care, support or services</i>,” shares an “emotional bond” with the person who receives care, and is considered by the person receiving care, or their substitute decision-maker, to be a designated caregiver. “<i>A designated caregiver,</i>” the bill reads, “<i>may be a family member, a neighbour, a friend, a support person, an attorney for personal care or property under the Substitute Decisions Act, 1992 or another similar type of person</i>.”</blockquote><p>There's already been one successful <a href="https://archdisabilitylaw.ca/case-summary-and-analysis-jl-v-empower-simcoe-2021-hrto-222-first-decision-about-human-rights-during-the-covid-19-pandemic/" target="_blank">human rights decision</a> on this issue in Ontario, in which the Commission found that a child's disability-specific needs were violated when a rigid visitor restriction policy initially allowed for only video calls or drive-by visits and when in-person visits were allowed, they were required to remain six feet apart from residents. Unfortunately, due to a communications disability, the child could not use words to communicate, instead relying on touch, hugging, pulling on hands, gestures and other physical displays of expression.</p><p><b>This decision raises (and answers) many complex and timely issues.</b></p><p>Significantly, the Tribunal found that “<i>[h]uman rights protections do not go away in a pandemic</i>”, despite the service provider's argument that the unprecedented nature of the pandemic did not allow space for individual human rights protections or individualized assessment. Although the pandemic raised important and difficult issues, service providers were still required to follow the requirements of the Code. The human rights framework is robust enough to address many contexts – including a pandemic where safety and health considerations require particular attention. </p><p>The next point of interest is Commission's response to the argument that the parents were at fault for failing to try out the alternative methods of communication proposed offered and instead “insisted upon their preferred accommodation.” The Tribunal rejected this, finding that once the parents had made an accommodation request and explained why the alternatives offered were insufficient, it was incumbent upon the Respondent to actually consider their request, as opposed to insisting that their way was the only way. </p><p>Although the duty to accommodate requires the cooperation of both parties cooperative process, <u>the ultimate responsibility for finding and implementing the accommodation solution remains with the respondent.</u> </p><p>The third important finding relates to the effect of government guidance around safety protocols on human rights obligations. The provider asserted that it was required to strictly follow the government guidelines and couldn't deviate from these to accommodate any individual. However, the Tribunal found that such directions were advice and recommendations intended to guide service providers in their decision making. </p><p>This mandated that the service provider implement the government’s guidelines and recommendations<u> with its mind turned to the individual human rights of its residents</u>. The accommodation request must be investigated and <u>an assessment of the actual risk of accommodating the individual must be undertaken</u>. As they had failed to do this, it was unable to demonstrate that accommodating these individual needs would amount to <a href="https://www.canlii.org/en/on/onhrt/doc/2021/2021hrto222/2021hrto222.html?autocompleteStr=jl%20v%20em&autocompletePos=5" target="_blank">undue hardship</a>.</p><p></p><blockquote>The ball was in the respondent’s court to consider the applicant’s accommodation request, and seek its own public health advice on that specific request. It did not do so. Instead, it remained steadfast in its approach. Because the respondent did not investigate the applicant’s accommodation request, there is no objective health evidence that it would have caused undue hardship to grant the request in terms of jeopardizing the health and safety of the residents and staff in the applicant’s home. (para 132) </blockquote>Although the Tribunal’s decision relied heavily on the individual facts of the case (the child came with particular pressing needs to have meaningful contact with his parents; the group home had only two residents, which was a relatively controlled environment; and the public health authority was supportive of an individualized risk-based assessment informed by the rates of transmission in the region at that time). all of the above were important factors in the Tribunal’s determination. <div><div><br /></div></div>I would submit that there is a strong argument to be made that such such accommodations must be guaranteed to adults as well. There are a myriad of factors to be considered when individuals have developmental disabilities or delays. For example, outdoor visits with strict rules around touching can be very confusing and upsetting for these individuals, no matter their age. </div><div><br /></div><div><i><b>The definition of "essential visitors" in residential care situations must include parents or other significant individuals and accommodations must be made [to the point of undue hardship] to meet everyone’s needs. The law requires it.</b></i><br /><div><br /></div></div>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-38872442609170159682021-06-27T15:56:00.006-03:002021-06-27T15:57:25.934-03:00Self-Represented Litigant ResourcesI am please to say that I garnering quite a collection of Self-Represented Litigant {"SRL") resources. I just added one more to the list today.<blockquote><div class="separator" style="clear: both; text-align: center;"><b><a href="https://representingyourselfcanada.com/wp-content/uploads/2021/04/PWD-Primer-March-2021.pdf" target="_blank"> Guide for SRLs with Disabilities: </a>Understanding Your Rights and
Requesting the <br />Assistance you Need </b></div></blockquote><p></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhquHOvqcjepOGkjMum7Vh3M9KkZhL6kOK0K6Bx-4AdPGfMylKrNjPfidyEuh5AzgtlfOUZGmozAc6G4cbA0hgu7AwBDgUBR9e6e1g7WwVfbs41Y_0NODGYb_fwdHKzr07SP06xZBnpWLc-/s2048/Legal+Speech+Bubble.free.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="2048" data-original-width="1365" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhquHOvqcjepOGkjMum7Vh3M9KkZhL6kOK0K6Bx-4AdPGfMylKrNjPfidyEuh5AzgtlfOUZGmozAc6G4cbA0hgu7AwBDgUBR9e6e1g7WwVfbs41Y_0NODGYb_fwdHKzr07SP06xZBnpWLc-/w133-h200/Legal+Speech+Bubble.free.jpg" title="Photo by eskay lim on Unsplash" width="133" /></a></div><br />You can find all the SRL resources in the sidebar on the right-hand side of the page, immediately under the heading, <a href="https://specialneeds-ns.blogspot.com/2013/12/groundbreaking-ontario-human-rights.html" target="_blank">Featured Posts</a>: Groundbreaking Ontario Human Rights Decision Special Education Decision.<p></p><p>Please check them out. You never know when they might come in handy.</p><p></p>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-6214889362271281472021-06-05T16:38:00.005-03:002021-06-05T16:38:42.380-03:00It's About Time ... Canada to Relax Medical Accessibility Issues<p><span></span></p>Canada, in many ways very progressive, has had long-standing issue with respect to immigration policy when it comes to individuals with a family member with a disability. In such situations, immigration is usually denied under a "<a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons.html" target="_blank">medical"</a> exclusion; namely, "<i>medical conditions that ... cause[s] excessive demand on health or social services</i>". <p></p><p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgnEWmmZdN6xHgNA9Vnrr4NPlAeq7gpj3Yn9bPA8NGcRJUjDuMnCrjmr4OB9RiYiV_jS8u_T7tk_3kAWFLicuj6ewbOQZcottciggJCQB3MCYtxtAk7Tf89MaGv6miiWdja_SiVDv87Ha06/s2048/Girl+in+Wheelchair.jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em; text-align: right;"><img border="0" data-original-height="2048" data-original-width="1365" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgnEWmmZdN6xHgNA9Vnrr4NPlAeq7gpj3Yn9bPA8NGcRJUjDuMnCrjmr4OB9RiYiV_jS8u_T7tk_3kAWFLicuj6ewbOQZcottciggJCQB3MCYtxtAk7Tf89MaGv6miiWdja_SiVDv87Ha06/w213-h320/Girl+in+Wheelchair.jpg" width="213" /></a>As just one of numerous examples, in 2017, an <a href="https://globalnews.ca/news/3620003/family-in-shock-after-permanent-residency-denied-by-immigration-canada-due-to-daughters-disability/" target="_blank">American family </a>moved to Manitoba after purchasing a hunting and fishing business. However, their application for permanent residency was denied due to their 6-year-old daughter's intellectual disability.</p><p>At that time, the limit for “excessive demand” was set at $6,655 a year, said to be the average annual health and social service spending per Canadian. If the costs of caring for a person’s condition were higher than this, <u>the applicant and all family members</u> were denied permanent residency. </p><p><b><i>Where to begin?</i></b></p><p>Let's start with the $6,655.00 figure - the supposed average annual health and social service spending per Canadian in 2017. </p><p>
</p><blockquote>A Global investigation revealed the figures used by Immigration Canada to determine “excessive demand” and the denial of permanent residency does not accurately reflect the cost of providing health and social services in the country.
Global’s reporting found the government doesn’t accurately account for up to $40-billion in annual social service spending – or roughly $1,105 a year per Canadian. This means the $6,655 limit used to deny applicants should be at least $7,404 if all social service spending is accounted for accurately.</blockquote><p>Sadly, Immigration officials made other errors when assessing this family’s application, such as failing to take into account their contribution to the local economy and unfounded claims about excessive costs on the local school. The family had come to Canada through the Provincial Nominee Program, meaning the Province had already recognized the beneficial investment they were bringing due to their business acumen, business plan and business experience.</p><p>Even the local School Division Superintendent recognized that, due to the fact that (as in most, if not all Provinces) special education is funded on a “block” basis, the Division's overall budget wouldn't change as a result of admitting Karalynn.</p><p></p><blockquote> "QUITE SIMPLY, THIS CHILD IS IN OUR SCHOOL DIVISION AND SO THEREFORE WE EDUCATE THIS STUDENT REGARDLESS OF ANY NEEDS ETC. IT'S OUR JOB," HE SAID. "WHETHER THIS STUDENT IS HERE OR SOMEPLACE ELSE THAT WON'T CHANGE OUR FUNDING."
</blockquote><p>
The legal definition of ‘excessive demand’ is very broad in that both physical and mental conditions and disabilities make a person potentially inadmissible even if the treatment cost is <u>only slightly higher</u> than that for the average Canadian. </p><p>To add insult to injury, as noted above, this exclusion can be applied to family members who don't have a medical condition. Thus, if a principal applicant applying for economic-class immigration has an accompanying dependent found medically inadmissible, that principal applicant is also inadmissible. </p><p>Looking for an example a little closer to home? Even worse??</p><a name='more'></a><p>The Chapman family (who have a nine-year-old daughter with a disability) had been accepted in the <a href="http://www.ccdonline.ca/en/socialpolicy/access-inclusion/hawking" target="_blank">Nova Scotia</a> nominee program for immigration to Canada. They initially came here as visitors/tourists and were aware that they would have to leave continue their application for immigration from outside the country. </p><p>However because of their daughter, they were first told they could not enter the Canada and then told they could only stay for a limited time period. Their British passports were seized and after about 30 days of being in Canada they were ordered to leave and return to the UK—all because their child had a disability. Canada Border Services actually told the family that their daughter had a "lifetime ban" on entering Canada because of her disability.</p><p><b>Is our government seriously applying the excessive demand clause to individuals coming to Canada as visitor?</b></p><p>If visitors to Canada who have a disability can be denied, this brings new meaning to discrimination on the basis of disability. Most visitors carry health insurance and if they require medical services, their health insurance covers the costs. </p><p>Although Prime Minister Trudeau promised a nation open to everyone, a welcoming country where “diversity is our strength” and we aspire to build a more “inclusive society”, little to nothing has been done when it came to honouring those commitments with respect to persons with disabilities. Instead, such policies unfairly target persons with disabilities. </p><p>Until now, that is. </p><p>On March 16, 2021, Canada announced its intention to <a href="https://www.cicnews.com/2021/04/canada-to-relax-medical-inadmissibility-rules-0417734.html#gs.35b0jb" target="_blank">make a 2018 pilot</a> into permanent policy and relax restrictions on certain foreign nationals with disabilities from becoming permanent residents. The pilot project changed the definition of "excessive demand" to t<u>hree times the average cost of health and social services to a Canadian</u> and removed some of the calculations for determining ‘excessive demand,’ including several social services for people with disabilities. </p><p>Both provinces and territories have indicated they find the change a reasonable balance. Incidentally, it has also saved Immigration Canada considerable time and money as it no longer needs to evaluate these factors, often a highly complex and costly endeavour. </p><p>T<b>he public has 30 days from the date the proposal was published in the Gazette to offer comments before it is finalized. Individuals who so desire can submit commentary on the proposed regulatory change until April 15 by emailing IRCC.MHBDGO-BDGDGMS.IRCC@cic.gc.ca</b>.</p>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-76622941585347760922021-01-08T15:10:00.004-04:002021-01-08T15:12:34.015-04:00Can We Chat?<p>First, mea culpa. It's been <a href="http://specialneeds-ns.blogspot.com/2020/07/hoping-for-good-news-round-two.html" target="_blank">a while</a> since I posted. I'm more or less blaming that on Covid brain.<br /></p><p></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh15T-_JwXV4MCONUC8ljX3pxnmifsT_VJyTud6lfrphzvGTwBbLxF72HnYLUMQadf79NBLYKmDnr-tFSrwAbCL_KtSropWfOTekU55kl7SWzkiA7G9UftezyGIoa81_8ygqlYi1ZcaD-de/s2048/Coffee+cup.jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="2048" data-original-width="1365" height="201" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh15T-_JwXV4MCONUC8ljX3pxnmifsT_VJyTud6lfrphzvGTwBbLxF72HnYLUMQadf79NBLYKmDnr-tFSrwAbCL_KtSropWfOTekU55kl7SWzkiA7G9UftezyGIoa81_8ygqlYi1ZcaD-de/w133-h201/Coffee+cup.jpg" width="133" /></a></div>But. Two things.<p></p><p>First, I just came across an Ontario law firm [<a href="https://pooranlaw.com/">Pooran Law</a>] whose tagline is <i>Whole Life Planning and Legal Support for Life. </i>I strongly suggest you <a href="https://pooranlaw.com/">check it out</a>. </p><p>Although some items will be province-specific, a lot of the material will apply. I have added the firm to the sidebar of the blawg - right now, it's in top position but I will be moving it further down the sidebar later.</p><p>Second, I have started on some draft blog posts, including some that are Covid specific (the legal obligation to wear mask and Covid's effect on special education) and others of more general interest, such as a new case out of Ontario concerning discrimination in university and the restraining and exclusion of students with disabilities in public school.</p><p>So, please stay tune.</p>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-9854092277830773932020-07-20T11:28:00.000-03:002020-07-20T11:28:44.244-03:00Hoping for Good News [Round Two]I'm hoping (and praying) for some good news today.<br />
<br />
Some night recall the Federal government's "thwarted" attempt in June to provide a one-time non-reportable payment to individuals with disabilites to "navigate the effects of the [COVID] outbreak" and "assist with additional expenses incurred during the pandemic". "<br />
<br />
<b>Thwarted" by party politics, it was.</b><br />
<br />
Today, they return to the House of Commons for <a href="https://www.newswire.ca/news-releases/minister-qualtrough-announces-new-details-on-proposed-financial-support-for-persons-with-disabilities-during-covid-19-897742953.html" target="_blank">Round Two</a>:<br />
<blockquote class="tr_bq">
Today, the Honourable Carla Qualtrough, Minister of Employment, Workforce Development and Disability Inclusion, announced that the Government of Canada intends to propose legislation that would make the benefit available to more people and expand the one-time payment to include approximately 1.7 million Canadians with disabilities</blockquote>
You will qualify if you receive any of the following benefits/services:<br />
<ul>
<li> a Disability Tax Credit certificate provided by the Canada Revenue Agency;</li>
<li>Canada Pension Plan disability benefit or Quebec Pension Plan disability benefit; or</li>
<li>disability supports provided by Veterans Affairs Canada.</li>
</ul>
<div>
<br />
This too is good news in that eligibility criteria have been expanded. I'm fairly confident that the original proposal would have only provided the payment to those in receipt of the Disability Tax Credit.<br />
<br />
Here's hoping and praying that the Department of Community Services doesn't claw this one back too (as they did with the CERB).<br />
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<b><i><br /></i></b></div>
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<b><i>ROUND TWO [bell rings]</i></b></div>
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Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com1tag:blogger.com,1999:blog-5597280951717401652.post-43149362664031393622020-05-12T18:19:00.000-03:002020-05-12T18:40:56.043-03:00Lessons Learned: The DTC Appeal Process [Part III]As noted in my <a href="http://specialneeds-ns.blogspot.com/2020/05/lessons-learned-appealing-denial-of.html" target="_blank">last post</a>, applying (or re-applying) for the DTC involves having the relevant medical<br />
<b>practitioner </b>provide the required information on the <a href="https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/t2201.html" target="_blank">T2201 form</a>. Depending on the extent of the<br />
individual's challenges, you might want to consider having the medical practitioner send along an additional letter or report with the application form.<br />
<br />
<b>I. The Appeal Route: Roads Not Taken?</b><br />
There are <a href="https://www.thenba.ca/disability-blog/denied-disability-tax-credit/" target="_blank">three possible methods</a> to challenge an initial denial of he DTC; namely<br />
<ul><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiteHxhkPg8O7gKLILDBlgsOn5rX62fVgU330MomCk1a2bRQmufRrCRA7n2AfEbgVGxFZtROZKShNfEcLfXkS4ayOYC4Rrk2brUiuWmwnEz8vi95Ku5-V4kxnvC7n-Cck-oEARPIuWov2yB/s1600/approved.webp" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="340" data-original-width="511" height="133" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiteHxhkPg8O7gKLILDBlgsOn5rX62fVgU330MomCk1a2bRQmufRrCRA7n2AfEbgVGxFZtROZKShNfEcLfXkS4ayOYC4Rrk2brUiuWmwnEz8vi95Ku5-V4kxnvC7n-Cck-oEARPIuWov2yB/s200/approved.webp" width="200" /></a>
<li>reapply for the DTC;</li>
<li>request an informal review; and/or</li>
<li>file a Notice of Objection (formal appeal).</li>
</ul>
<div>
Although you can re-apply at any time, unless something has changed (or you now have significant new medical information to provide) with the person's situation, you are probably just as well (or better) off to proceed through the appeal route.<br />
<br />
Whether proceeding with an informal review or a Notice of Objection, you will want to highlight<br />
specific information found in the T2201 form and any included correspondence that shows how the effects of the person's impairments on their ability to perform the Activities of Daily Living. Remember, you are now providing information to an individual who has no prior knowledge of the situation and must highlight for him or her the facts that you believe makes the person eligible for the DTC.<br />
<br />
You have o<u>ne year from the date of the denial to request an informal review</u> but <u>only 90 days to pursue the more formal Notice of Objection</u>. If this timing sounds illogical to you, I agree but it is what it is.<br />
<br />
Unfortunately, this timing issue can make things a little more complicated. As it could take anywhere from <u>six months to two years to receive a response to your request for an informal review</u>, you might well still be waiting for that response as you approach the one-year time limit to file a formal Notice of Objection. For this reason, you need to document your timelines carefully and make sure you file a Notice of Objection two or three weeks prior to the one-year time limit, even if you haven't yet received a response to your informal review.<br />
<br />
<b>II. </b><b>The So-called Requir</b><b>ement of </b><b>'</b><b>Additional Medical Information"</b></div>
Whichever route you take, it's important to <u>include any new medical information that you have not already supplied</u>, such as new or updated medical reports, or an additional letter from a medical practitioner who is familiar with the situation. This additional information will clearly focus on how the impairment affects the activities of daily living.<br />
<br />
However, it's important to realize that <b>although you can (and should) su</b><b>pply any additional helpful medical information you can, </b><i><b>you are most certainly not obligated to do so</b></i>.<br />
<br />
This is extremely important because the CRA appears to have taken the ludicrous (and totally unsupported) position that it <b>CANNOT </b>and <b>WILL NOT </b>review any application unless additional medical information has been provided.<br />
<br />
This is exactly what occurred when I requested an informal review of the denial of my youngest daughter's re application for the DTC and it's flatout not true. This position violates not only the<br />
CRA's own <a href="https://www.lawnow.org/the-taxpayer-bill-of-rights/" target="_blank">Taxpayer Bill of Rights</a>, but also the broader legal principle that when appealing a government decision you have the right to have that decision reviewed by an independent party (someone not involved in the original decision) whether or not you have new information to provide.<br />
<br />
Whether a review or appeal, should you receive such a response, know that the CRA is simply up to its old tricks. Unfortunately, too many people don't realize this and once they receive a letter denying their request for a review, they simply move on. Thank goodness I (and now you) know differently. If you receive such a response, simply move on to the next level of appeal and file a Notice of Objection.<br />
<br />
<b>III. </b><b>The Notice of Objection</b><br />
The procedure for filing a Notice of Objection is <a href="https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/p148/p148-resolving-your-dispute-objection-appeal-rights-under-income-tax-act.html#_Toc312911597" target="_blank">set out</a> here, along with information as to the <a href="https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/p148/p148-resolving-your-dispute-objection-appeal-rights-under-income-tax-act.html#_Toc312911602" target="_blank">documentation</a> required. Note that there is no mention of a requirement to provide any additional medical information, only the "relevant facts and reasons for your objection" and "<i>copies of all documents that support your objection</i>". This supporting documentation will often be as simple as the T2201 form you originally sent to the CRA (along with any additional material that might have been attached).<br />
<br />
It appears that the CRA is effectively requiring the majority of DTC applicants to reach this level before providing any semblance of due process. Unless your case is an obvious slam dunk (as occurred with my daughter and other situations I've recently become aware of), you can expect to receive a phone call from the authorized CRA officer prior to the the final decision being made.<br />
<br />
<b>V. </b><b>The Tax Court of Canada</b><br />
Should your Notice of Objection be dismissed, you have one final avenue of appeal to the <a href="https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/p148/p148-resolving-your-dispute-objection-appeal-rights-under-income-tax-act.html#_Toc312911608" target="_blank">Tax Court of Canada</a>. However, I cannot recommend you take on this level of appeal without legal counsel.<br />
<br />
<b>VI. </b><b>One Final </b><b>Step: the Service Complaint</b><br />
You also have the right to lodge a <a href="https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/rc17/taxpayer-bill-rights-guide-understanding-your-rights-a-taxpayer.html#toc12" target="_blank">service complaint</a> with the Office of the Taxpayer's <a href="https://www.canada.ca/en/taxpayers-ombudsman/services/submit-complaint.html" target="_blank">Ombudsman</a>. Please don't write this step off as a waste of time.<br />
<br />
One of the issues noted in the "<i><a href="https://www.canada.ca/content/dam/cra-arc/corp-info/aboutcra/dac/dac-report-en.pdf" target="_blank">2019 First Annual Report of the Disability Advisory Committee: Enabling access to disability tax measures – Report in brief</a></i>"was that the CRA doesn't<br />
adequately share information about the results of objections or appeals with its employees, which negatively affects the Agency's ability to improve its performance. Assessment decisions that are overturned may signal inconsistencies in assessment or objection processes and sharing such information should reduce the numbers of objections and appeals.<br />
<br />
The CRA agreed and has explained that it is committed to ensuring that objection and appeal decisions are shared with all assessing and audit areas.<br />
<i><br /></i>
<i>Let's do our part to give them a little <strike>shove</strike> push in that direction.</i><br />
<b><br /></b>
<b>* <span style="font-size: x-small;">With a tip of the hat and many thanks to Dan Paladin of <a href="https://paladin-disability.ca/" target="_blank">Padalin Disability Tax Credit Solutions</a>.</span></b><br />
<b><span style="font-size: x-small;"><br /></span></b>
<b><span style="font-size: x-small;"><br /></span></b>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-22012580174255710522020-05-04T21:38:00.000-03:002020-05-04T22:19:58.806-03:00Lessons Learned; Appealing a Denial of the Disability Tax Credit [Part II]<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgweFE9X9GAaAIablgDh2lJzeWjef2JIZJsPNztTYyjcbwBObjIsB28WAW3ex4B4b4PbwfkEdKmFBSAF7pxH0MExJbVVXboiab-1hng_jjzRw4OAQZfgkm55AkVFWXej9qeaKGw9SFX_XbK/s1600/BOY+WIHT+HEADSET.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="333" data-original-width="500" height="133" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgweFE9X9GAaAIablgDh2lJzeWjef2JIZJsPNztTYyjcbwBObjIsB28WAW3ex4B4b4PbwfkEdKmFBSAF7pxH0MExJbVVXboiab-1hng_jjzRw4OAQZfgkm55AkVFWXej9qeaKGw9SFX_XbK/s200/BOY+WIHT+HEADSET.jpg" width="200" /></a>In the <a href="http://specialneeds-ns.blogspot.com/2020/04/lessons-learned-review-of-disability.html" target="_blank">last post</a>, we looked at some of the many issues surrounding the eligibility requirements for the Disability Tax Credit ("DTC") and I promised to discuss the DTC appeal process, including some lessons I recently learned in successfully appealing the denial of my daughter's re- application for the DTC.<br />
<br />
However, before doing that, I would like to discuss some of the tricks the CRA has been using to deny eligibility in the first place, hoping that arming you with this additional information might well help you be more successful in either your initial application or any required appeal.<br />
<br />
Even though the actual eligibility requirements haven't changed, the interpretation of those provisions have become significantly tighter such that CRA agents are now imposing stipulations not prescribed by the legislation. Put another way, the CRA is (and one must wonder if intentionally) making errors in law. After all, it's not like these issues haven't been previously brought to its attention. Many. Many. Times.<br />
<br />
There was the 2017 issue with respect to the eligibility of applicants with Type 2 diabetes:<br />
<blockquote class="tr_bq">
Last May, the CRA <a href="https://globalnews.ca/news/3907802/peter-watts-denial-of-disability-tax-credit-to-diabetics-causes-furor/" target="_blank">told its staff</a> not to honour claims for the disability tax credit. The agency had concluded that Type 1 diabetics were not using 14 hours of their time each week to manage their insulin therapy, which was the minimum required <u>in the agency’s view.</u></blockquote>
Once disability advocates learned of that move and went public, the CRA promised to revert to the previous clarification letter (basically meaning they " took it back") and agreed to review all denied applications dating back to the date the revised rule was put in place.<br />
<br />
Then there are the <a href="https://boom997.com/news/3956042/cra-disability-tax-credit-canada/" target="_blank">CRA guidelines</a><b>* </b>that require that impairment due to mental illness be present continuously for 90 per cent of the time. In addition to the fact that the 90% figure is found only in the CRA policy and has no <a href="https://ipolitics.ca/2019/05/24/overhaul-needed-for-disability-tax-credit-eligibility-government-panel/" target="_blank">basis in law</a>, the very nature of mental health disabilities means it is often “t<b><i>emporary, episodic and changing in nature, with symptoms varying in severity and duration over the course of peoples’ lives</i></b>”. Sadly, data from the fiscal year 2016 to 2017 <a href="https://www.canada.ca/en/revenue-agency/corporate/about-canada-revenue-agency-cra/disability-advisory-committee/2019-full-report.html" target="_blank">showing</a> a 53% increase in the number of rejections of applications from people living with mental illness is no surprise.<br />
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<b><span style="font-size: large;">Being Proactive with More Difficult Applications</span></b></div>
Applying (or re-applying) for the DTC involves having the relevant medical practitioner<b>** </b>provide the required information in the T2201 form. Although this process mostly involves checking off<br />
affirmative or negative responses and filling in a few blanks, there are some places for additional information to be wrote in.<br />
<br />
Don't let the fact that the T2201 form <a href="https://www.canada.ca/en/revenue-agency/corporate/about-canada-revenue-agency-cra/disability-advisory-committee/2019-full-report.html" target="_blank">states</a> that "<i>working, housekeeping, managing a bank account, and social or recreational activities are not considered basic activities of daily living. Basic activities of daily living are limited to walking, speaking, hearing, dressing, feeding, eliminating (bowel or bladder functions), and mental functions necessary for everyday life</i>" deter you. <b>Ignore and carry on.</b><br />
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For individuals with obvious severe disabilities, the form,itself, should likely be sufficient. However, depending on the extent of the challenges faced, <u>you might want to consider having the medical practitioner send along an additional letter or report with the application form</u>.<br />
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As we all know, some disabilities are much recognizable and relatable to the uninitiated than others. For this reason, it is wise to proceed with a little more care if (for example) the applicant has a learning disability or a number of smaller impairments in many activities of daily living ("ADL"). The challenges brought about by some disabilities take more time and detail to fully explain and in other situations, although the level of impairment in any particular ADL might not meet the required degree of impairment, often the cumulative effects in all areas of daily living might qualify as a "significant restriction"(the equivalent of being markedly restricted in one basic ADL).<br />
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In such situations, I recommend you book an additional or lengthier appointment with the medical practitioner so you can provide additional information (both for the benefit of the medical practitioner and the CRA) as to the extent of the effects of the individual's daily functioning. We're looking for practical examples of how the individual's particular challenges affect their day-to-day living as that information is critical when it comes to meeting the eligibility requirements.<br />
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<b>A few very important things to remember here:</b><br />
Before doing this, make sure that you have taken the time to compile in written form the details you want to provide; although you will verbally pass this information on to the medical practitioner, you want to make sure you don't miss anything and you never know which piece of evidence might be sufficient to break the CRA's back.<br />
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Depending on the extent of the individual's challenges and insight, it might well be worthwhile to compile this list with the help of the individual and have them participate in the appointment. Although the process of getting these practical examples from my adult daughter often felt like "pulling teeth", with perseverance and persistence, we were able to provide the psychologist with an impressive list of practical effects that she had no other way of knowing, even as the "treating professional".<br />
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Further, be aware of the language used in any such written material - perfectly normal words such as "could", "might" or "should" can and will be relied on by the CRA to deny eligibility. That's part of the reason why real-life examples of how the challenges impact the person's daily life are so critical - it totally reduces the need for speculation (which can and will be used against you).<br />
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Stay tuned for a further detailed discussion of the DTC appeal process and the pitfalls to avoid.<br />
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<span style="font-size: x-small;"><b>* </b><i>Note that "guidelines" do not have the legal force of law. To be valid, regulations, "guideline" and "policy" cannot contradict the enabling legislation.</i></span><br />
<span style="font-size: x-small;"><br />
</span> <span style="font-size: x-small;">** <i>The appropriate medical practitioner will be a medical doctor, nurse practitioner, optometrist, audiologist. occupational therapist, physiotherapist, psychologist or speech-language pathologist, depending on the disability involved; however, whenever possible I recommend using the most specialized professional in the relevant field (for example, it is better to use a neurologist than a family doctor).</i></span><br />
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Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-76529343122476944362020-04-21T21:55:00.000-03:002020-04-21T22:05:16.338-03:00Lessons Learned: A Review of the Disability Tax Credit; Part IThere's much going on and so much wrong in the world today, that it's hard to even know where or how to start. In all honesty, right at the moment, I'm finding it hard to move off the couch after my daily <strike>date </strike>update with <a href="https://www.google.com/search?q=justin+trudeau+daily+update&rlz=1C1FLDB_enCA558CA559&oq=justi&aqs=chrome.0.69i59j69i57j35i39j46j0j46j69i65j69i61.1463j0j4&sourceid=chrome&ie=UTF-8" target="_blank">Justin</a>.<br />
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But life (more or less) goes on and for the past few months I've wanted to update a topic we haven't discussed in quite a while - the <a href="https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit.html" target="_blank">Disability Tax Credit</a> ("DTC"). When we first discussed the DTC in 2007, I <a href="http://specialneeds-ns.blogspot.com/2007/10/disability-tax-credit-tales-from.html" target="_blank">explained</a> how and why it's so much more than just a tax credit and I would recommend refreshing your <a href="http://specialneeds-ns.blogspot.com/2007/10/disability-tax-credit-tales-from.html" target="_blank">memory</a> on that.<b> </b><br />
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Not only does the DTC give a nice size tax credit to an individual with a "profound impairment" resulting in them being "markedly restricted" in any of the basic activities of daily living {"ADL"), it is the gateway to access other federal tax programs and benefits, such as the Registered Disability Savings Plan ("<a href="https://www.rdsp.com/rdsp-tutorial/" target="_blank">RDSP</a>") and the <a href="https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-disability-benefit.html" target="_blank">Child Disability Benefit</a> (a supplement to the <a href="https://www.canada.ca/en/employment-social-development/campaigns/canada-child-benefit.html" target="_blank">Child Tax Benefit</a>).<br />
<br />
The full <a href="https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/information-medical-practitioners/eligibility-criteria-disability-tax-credit.html" target="_blank">eligibility</a> requirements for the DTC can be found here.<br />
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<b>Bottom line; the DTC</b><b> can be extremely important for you and your children (as applicable).</b><br />
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However, the DTC is <a href="https://globalnews.ca/news/3907802/peter-watts-denial-of-disability-tax-credit-to-diabetics-causes-furor/" target="_blank">notoriously</a> <a href="https://globalnews.ca/news/3956042/cra-disability-tax-credit-canada/" target="_blank">hard</a> to receive and unfortunately, that situation has only <a href="https://globalnews.ca/news/6474047/canadians-disabilities-can-lose-tax-credit/" target="_blank">worsened</a> over the past few years.<br />
<blockquote class="tr_bq">
Only 40 per cent of the more than 1.8 million people who live with severe disability in Canada use the federal disability tax credit (DTC). And the mind-numbing rules devised by the Canada Revenue Agency to assess eligibility for the credit are likely one of the main reasons for such poor uptake.<br />
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That’s the conclusion of a recent review of the credit by the University of Calgary’s School of Public Policy, which also cites low awareness of the credit and limited understanding of its potential benefits as possible causes for low participation rates.</blockquote>
In fact, the situation is so bad that many who <a href="https://globalnews.ca/news/3956042/cra-disability-tax-credit-canada/" target="_blank">should qualify</a> don't even bother to apply.<br />
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Although the wording of the eligibility requirements set out in the <a href="https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-1-individuals/folio-1-health-medical/income-tax-folio-s1-f1-c2-disability-tax-credit.html" target="_blank">legislation</a> hasn't changed significantly, the way those provisions are being interpreted by the CRA have become so tight that they verge (and often cross the line into) ridiculous.<br />
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In 2019, a government panel tasked with examining the federal tax measures offered to Canadians with disabilities made several <a href="https://ipolitics.ca/2019/05/24/overhaul-needed-for-disability-tax-credit-eligibility-government-panel/" target="_blank">recommendations</a> to improve the DTC situation for Canadians.<br />
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To state, as the Panel did in the "<i><a href="https://www.canada.ca/content/dam/cra-arc/corp-info/aboutcra/dac/dac-report-en.pdf" target="_blank">2019 First Annual Report</a> of the Disability Advisory Committee: Enabling access to disability tax measures – Report in brief</i>" that "<i>receiving the credit can often be an uphill battle that requires navigation of a complex set of requirements in the application phase</i>" is a huge <a href="https://globalnews.ca/news/6474047/canadians-disabilities-can-lose-tax-credit/" target="_blank">understatement</a>.<br />
<br />
One of the <a href="https://ipolitics.ca/2019/05/24/overhaul-needed-for-disability-tax-credit-eligibility-" target="_blank">recommendations</a><span id="goog_1365392692"></span><a href="https://www.blogger.com/"></a><span id="goog_1365392693"></span> made was that the CRA change the requirement that a person must have a "severe or prolonged impairment" that restricts an activity of daily living that is present “all or substantially all the time.” An applicant will be considered "markedly restricted" in at least one of the ADL if "all or substantially all the time", he or she cannot (or takes an inordinate amount of time to) do one or more of the basic ADL.<br />
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<b>This is where it gets interesting - although the legislation does not specify a percentage to define "all or substantially all of the time", the CRA in its infinite wisdom has decided that a person must be markedly restricted at least 90% of the time, something that has NO basis in law.</b><br />
<blockquote class="tr_bq">
The 90 per cent interpretation is problematic for those with mental disorders and for those with disorders that are characterized by episodic symptoms,” said Dr. Karen Cohen, <a href="https://www.canada.ca/en/revenue-agency/corporate/about-canada-revenue-agency-cra/disability-advisory-committee/2019-full-report.html" target="_blank">co-chair</a> of the committee.</blockquote>
There were numerous other recommendations, including that the CRA make the application form more readable and offer a second review when a claimant with long-standing eligibility for the credit is suddenly rejected. A summary of all the recommendations can be <a href="https://www.canada.ca/en/revenue-agency/corporate/about-canada-revenue-agency-cra/disability-advisory-committee/2019-full-report.html" target="_blank">found here</a>.<br />
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Now that we have reviewed the importance and challenges involved with the DTC, in my next post we will look at the appeal process and the lessons I recently learned in successfully appealing the decision that my adult daughter longer qualified for the DTC.<br />
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* <i>You can learn more about other <a href="https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/rc4064/disability-related-information-2016.html" target="_blank">tax measures</a> for individuals with disabilities here.</i><br />
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<br />Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-29671495198185444702020-04-14T18:32:00.000-03:002020-04-14T18:38:17.535-03:00Estate Documents: When is it Too Late?I want to share a very sad situation I was recently involved in so that hopefully it won't happen to any other family.<br />
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I was approached by a gentleman seeking estate documents [Wills, Powers of Attorney ("POA") and Personal Directives ("PD")] for himself and his wife, who was hospitalized with a terminal condition. I took instructions, completed the documents and attended at the hospital so they could be signed. However, when I spoke to the wife, I immediately realized we had a problem - she did not appear to have the <a href="https://thelawdictionary.org/capacity/" target="_blank">legal capacity</a> required to validly sign the documents.<br />
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<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg466U9_toTDIVK3Io_rHPTw8IKt8l_qWcY_xXW8E83n5-9-QxSjwpQ1O5toF00n5ii1cdp8cKW2ud2zp0FMNjRx_4KPMqGOdcTKZ9A6TFvqkVWJy4MRgDksfSErazGhoDdnmUtIU9oM4Et/s1600/Estate+Planning+Mr+Frosty.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="267" data-original-width="250" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg466U9_toTDIVK3Io_rHPTw8IKt8l_qWcY_xXW8E83n5-9-QxSjwpQ1O5toF00n5ii1cdp8cKW2ud2zp0FMNjRx_4KPMqGOdcTKZ9A6TFvqkVWJy4MRgDksfSErazGhoDdnmUtIU9oM4Et/s200/Estate+Planning+Mr+Frosty.jpg" width="187" /></a>Although the instructions the husband had given sounded perfectly reasonable and I had no reason to think that this wasn't what she wanted, I could not proceed with having the wife sign the documents.<br />
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What's required for a person to have the "legal capacity" will vary depending on the act to be performed. However, in general terms, in order to execute legally valid documents, you must have a certain level of competency. You must have the ability to understand the information relevant to making the decision and the ability to appreciate the reasonably foreseeable consequences of the decision or lack of decision.<br />
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Unfortunately, mental competence can become an issue if a person’s ability to think clearly is affected by illness, drugs, or pain. <i>This is why it's critical that Wills and other estate documents be completed while you are in good health so that there are no questions as to your mental competence.</i><br />
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I felt bad for both parties but it emphasized how important it is to prepare such documents before it is too late.<br />
<i style="font-weight: bold;"><br />
</i> <b>Note to yourself: there's a good chance it will be "too late" to proceed with such documentation when you already have a terminal diagnosis.</b><br />
<b><br />
</b> <b>This is especially so when you consider leaving assets in a Will to a <a href="http://specialneeds-ns.blogspot.com/2010/07/future-planning-for-your-child-with_04.html" target="_blank">beneficiary</a> whom is challenged.</b><br />
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For more information on the standards required to execute valid estate documents, please follow the link.<br />
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For a <a href="https://www.legalinfo.org/wills-and-estates-law/seniors-making-a-will#legal-requirements-of-a-will" target="_blank">Will</a> to be valid, the maker must</div>
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<ul>
<li>know that he or she is making a Will and understand what a Will is;</li>
<li>know what property he or she is owns; and</li>
<li>be aware of the people (like a spouse or children) that he or she would normally feel obligated to provide for.</li>
</ul>
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For a valid <a href="https://www.legalinfo.org/wills-and-estates-law/power-of-attorney#what-are-the-general-legal-requirements-for-a-power-of-attorney" target="_blank">POA</a>, the maker must understand that<br />
<ul>
<li>the <i>per</i>son appointed will be immediately able to assume complete authority over his or her affairs;</li>
<li>the person appointed can do anything with the person's property that he or she could; and</li>
<li>the authority will continue if he or she becomes mentally incapable. </li>
</ul>
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Although not currently the standard in Nova Scotia, the <a href="https://static1.squarespace.com/static/5bc6671f0490795182e54b80/t/5bc680cb419202c44c590b91/1539735760482/Powers+of+Attorney+Act+-+Dicussion+Paper+2014.pdf" target="_blank">Law Reform Commission</a> of Nova Scotia suggested that a more detailed set of requirements be used; namely that the person understand</div>
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<ol>
<li>the type of property he or she has and its approximate value;</li>
<li>the obligations (if any) he or she owes to dependents;</li>
<li>that the person appointed will be able to do anything in respect of their financial affairs that he or she could do if capable, except make a Will, subject to any conditions and restrictions set out in the POA;</li>
<li>that, unless the person appointed manages the business and property prudently, the value may decline; </li>
<li>the possibility that the person appointed could misuse the authority given; and</li>
<li>that he or she may, if capable, revoke the POA.</li>
</ol>
</div>
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A <a href="https://www.legalinfo.org/forms/personal-directive" target="_blank">Personal Directive</a> allows a person to set out instructions or an expression of the person's values, beliefs and wishes about future personal-care decisions<b>*</b> to be made on his or her behalf and authorize one or more persons to act as delegate to make such decisions on his or her behalf.<br />
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The <i><a href="https://novascotia.ca/just/regulations/regs/pdpersdir.htm" target="_blank">Personal Directives Act</a> </i>provides that in order to execute a valid Personal Directive, the person must "<i>have the ability understand information that is relevant to the making of a personal-care decision and the ability to appreciate the reasonably foreseeable consequences of a decision or lack of a decision</i>".<br />
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<br />
<span style="font-size: x-small;">"<i>Personal care" is defined to include, but is not limited to, "health care, nutrition, hydration, shelter, residence, clothing, hygiene, safety, comfort, recreation, social activities, support services</i>".</span><br />
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Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-7986172618556352882020-01-12T20:38:00.003-04:002020-01-12T20:53:18.192-04:00Biased? Who, Me? [Reasonable Apprehension of Bias]<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiWz-wX8azD46Bu9HFFciSnSmdPuwYXwXPEj1eU3s_TWvWecjFhLedI-DzJrI-JssuyXaaJgheVARsPABplij7HmVYk25EqQfxgOsTTAOwldjt5w-DbtrKxodaEbCieHaBRX_Wc2-1RO4pS/s1600/Justice+small+scale.webp" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="280" data-original-width="390" height="143" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiWz-wX8azD46Bu9HFFciSnSmdPuwYXwXPEj1eU3s_TWvWecjFhLedI-DzJrI-JssuyXaaJgheVARsPABplij7HmVYk25EqQfxgOsTTAOwldjt5w-DbtrKxodaEbCieHaBRX_Wc2-1RO4pS/s200/Justice+small+scale.webp" width="200" /></a>This is a follow-up (or, perhaps more accurately, a follow-on) from my <a href="http://specialneeds-ns.blogspot.com/2019/12/human-rights-in-education-when.html" target="_blank">most recent</a> blawg post regarding students with behavioral challenges, in which which I noted that the parent had (unsuccessfully) <a href="https://www.canlii.org/en/on/onhrt/doc/2019/2019hrto1137/2019hrto1137.html" target="_blank">argued</a> that the Human Rights adjudicator was "biased" due to his previous practice providing legal services to school boards.<br />
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You will recall that the parent argued that her son required Applied Behaviour Analysis ("ABA") in order to receive a meaningful education. She was concerned that the adjudicator was predisposed to find that ABA was not education because<br />
<ul>
<li>during his legal career, a large part of his practice involved representing school boards in the areas of special education, human rights and litigation;</li>
<li>in that capacity, he “repeatedly appeared as counsel to school boards seeking to achieve a finding that ABA is incompatible with education of autistic children”;</li>
<li>the fact that he had argued on behalf of a school board that intensive behavioural intervention ("IBA") therapy was not a special education program or service raised a reasonable apprehension of bias arose with respect to the current situation;</li>
<li>subsequent to those court cases, he had advised his school board clients that ABA was incompatible with the education of autistic children; and</li>
<li>in an interim decision, he had placed restrictions on the parent’s evidence which precluded her from giving opinion evidence relating to whether “ABA at Tier 3" was education.</li>
</ul>
You will note that the correct wording is "a reasonable apprehension of bias", not that an adjudicator or judge is actually biased. The reason for this is two-fold; not only would it be much more difficult for a party to prove that the decision-maker is biased, but even the appearance of bias (to a reasonable observer) is enough to <a href="https://www.lawyers.com/legal-info/research/well-recuse-me-when-a-judge-shouldnt-try-a-case.html" target="_blank">disqualify</a> a decision-maker from hearing the case. I'm sure we're all at least somewhat familiar with the <a href="https://en.wikipedia.org/wiki/R_v_Sussex_Justices,_ex_parte_McCarthy" target="_blank">old adage</a> that "J<i>ustice must not only be done, but must be seen to be done</i>".<br />
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The test for finding a reasonable apprehension of bias is as follows:<br />
<blockquote class="tr_bq">
. . . the apprehension of bias must be a reasonable one, held by reasonable and rightminded persons, applying themselves to the question and obtaining thereon the required information. In the words of the Court of Appeal, that test is “what would an informed person, viewing the matter realistically and practically – and having thought the matter through – conclude. Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.<br />
[<i>Committee for Justice and Liberty v. National Energy Board</i>, 1976 CanLII 2 (SCC), <br />
p. 94]</blockquote>
<div class="separator" style="clear: both; text-align: center;">
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Lawyers are ethically bound to make the best possible arguments on behalf of their clients, whether or not they reflect their personal views. Just because a lawyer advocates a certain position does not mean that he or she agrees with it. Further, having existing, even publicly expressed personal views prior to appointment <strike>should </strike>does not generally lead to a reasonable apprehension of bias.<br />
<br />
It more or less makes sense if you think about it: to find otherwise would preclude adjudicators (and judges) from ever hearing cases in which an issue arises or might arise that also arose in a case in which they acted as counsel prior to being appointed.<br />
<blockquote class="tr_bq">
... True impartiality does not require that the judge have no sympathies or opinions; it requires that the judge nevertheless be free to entertain and act upon different points of view with an open mind.[<i>Canadian Judicial Council, Commentaries on Judicial Conduct</i> (1991), at p.12]</blockquote>
Many, however, have (quite legitimately, I believe) <a href="https://www.apa.org/monitor/2010/02/jn" target="_blank">questioned</a> how or why a judge can decide for himself whether or not he or she is biased. Shouldn't it be a different impartial actor in the justice system who makes this decision? I have often asked (or at least thought) the same question myself.<br />
<br />
<u>But the fact is that it is very judge whom appears biased to you that will decide whether you are right, whether he or she is biased (or at least appears that way). That's what makes an application for recusal on the basis of a reasonable apprehension of bias something to be very carefully thought through. </u>Should you be unsuccessful in the bias application, the same individual you challenged will remain the ultimate decision-maker - this is the self-same person you will need to convince of the rightness of your case. And all of us are, after all, only human.<br />
<br />
Although there is a right to appeal a judge's decision that there is no reasonable apprehension of bias, I believe it will be a very uphill battle to convince an appeal court overturn the initial judge's findings.<br />
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For any wishing to delve deeper into subject, I will s<a href="https://www.mccarthy.ca/en/insights/blogs/canadian-appeals-monitor/apprehending-reasonable-apprehension-bias" target="_blank">end you off</a> here. Happy travels.<br />
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<br />Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0tag:blogger.com,1999:blog-5597280951717401652.post-15850264459486614592019-12-31T18:29:00.000-04:002020-01-03T13:11:16.379-04:00Human Rights in Education - When "Meaningful" is "Good Enough"<a href="http://specialneeds-ns.blogspot.com/2013/01/discussion-and-consideration-of-how-to.html" target="_blank">We've discussed</a> the <a href="http://specialneeds-ns.blogspot.com/2012/11/breaking-news.html" target="_blank">issue</a> of human rights in <a href="https://specialneeds-ns.blogspot.com/2007/08/special-education-and-parents-rights.html#more" target="_blank">education</a> a fair bit, but what of those students whose behavioral challenges really do create an “unacceptable safety risk" to themselves or others?<br />
<br />
In September 2019, the Ontario Human Rights Tribunal dismissed a <a href="https://www.canlii.org/en/on/onhrt/doc/2019/2019hrto1137/2019hrto1137.html" target="_blank">complaint</a> alleging that a school board had discriminated against a Grade 2 student with Autism Spectrum Disorder (ASD) and a learning disability.<br />
<br />
Shortly after starting school in a French Immersion program a behaviour plan was implemented for the young student, which appeared adequate until Grade 2.<br />
<br />
Unfortunately, the behavioural problems escalated, resulting in the school developing several strategies, including assigning two educational assistants. Things deteriorated from there; in addition to eloping from the classroom, he repeatedly threatened and attacked staff and other students, resulting in multiple injuries. In October 2018, he repeatedly hit an educational assistant ("EA"), giving her a concussion and resulting in her being off work for an extended period of time, following which some staff invoked their right to refuse unsafe work and other parents complained about safety risk to their children.<br />
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The student was suspended pending investigation of the incident with the EA and subsequently expelled from the French Immersion school only, which decision was upheld following an internal review process on the basis that his continued presence at the school created an “unacceptable safety risk".<br />
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The school board developed what they referred to as a “Loop of School” plan, involving a gradual re-introduction to the classroom. It provided for the student to be moved from the French Immersion school to his neighbourhood school, but not only was the mother unwilling to have her son change schools*, she would not accept any plan that did not include the provision of “Tier 3 ABA,” (ABA provided in a clinical setting), arguing this was necessary to allow her son to access education.<br />
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The Human Rights Tribunal found that the family had proven <i>prima facie</i><b>**</b> discrimination (as the student no loner had meaningful access to education owing to his increasing dysregulation), but <u>rejected the argument that that his dysregulation was caused by the school’s failure to provide ABA in the classroom</u>, given that meaningful access to education had been provided during the first part of Grade 2 and during a period of home instruction immediately following the suspension without implementing an ABA program.<br />
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<u>Although school boards are required to offer students with ASD special education programs, including programs using ABA methods “where appropriate,” the Tribunal didn't accept that “Tier 3 ABA” services in a regular classroom setting were necessary for the student to access education</u>.<br />
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It also found that that, prior to the student’s expulsion, the Board had accommodated him to the point of "undue hardship<b>** </b>and despite taking various steps to deal with his increasing dysregulation, the student ultimately posed an unacceptable safety risk to staff, students and himself.<br />
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Gradual re-introduction to school was a necessary and reasonable component of the Board's plan and although "reasonable programming alternatives" (such as home instruction or a special education class at his neighbourhood school) had been offered to the student during the expulsion, these had been rejected by the mother.<br />
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Turning to the conduct of the student’s mother, the Tribunal stated:<br />
<blockquote class="tr_bq">
<b>In rejecting the Loop of School plan, Ms. Kahn failed in her obligation to co-operate in the accommodation process. In so finding, I note that parents do not have the right to dictate the accommodations which their children will be provided with to access education. While parents do have the right to provide input as part of the accommodation process – which Ms. Kahn did in this case – they must accept reasonable accommodations offered by the school board.</b></blockquote>
Thus, the Tribunal found that “<i>the applicant failed to engage in the accommodation process in any </i><i>meaningful way…[and] failed to accept reasonable accommodations offered by the respondent</i>”, resulting in the application being dismissed.<br />
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Although largely based on its specific facts, the decision does provide some helpful guidance on the types of accommodations that school boards should be expected to provide to ensure "<a href="https://specialneeds-ns.blogspot.com/2010/09/if-i-had-my-druthers.html" target="_blank">meaningful access</a>" to education and clearly reminds us that a student seeking accommodation is entitled to "<a href="http://www.mondaq.com/canada/x/665698/Education/Meaningful+Access+to+Education+for+Students+with+Disabilities" target="_blank">reasonable</a>" – as <a href="https://www.eastburngray.com/legal-alerts/reasonable-does-not-mean-perfect/" target="_blank">opposed</a> to "<a href="https://www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/what-is-and-isnt-covered-under-fape" target="_blank">preferred</a>" – accommodations.<br />
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So, what do you think? Did the Ontario Human Rights Tribunal <a href="http://specialneeds-ns.blogspot.com/2012/11/breaking-news.html" target="_blank">"get it right"</a>?<br />
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<b>* </b><span style="font-size: x-small;"><i>Apparently, there was a little more going on behind the scenes, as <a href="https://www.canlii.org/en/on/onhrt/doc/2019/2019hrto1137/2019hrto1137.html" target="_blank">the decision</a> indicates that the family also wanted "childcare expenses" to be covered by the school board</i>.</span><br />
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** <span style="font-size: x-small;"><i>You can find an explanation of both these terms in a <a href="https://specialneeds-ns.blogspot.com/2009/05/law-on-human-rights-and-employment-in.html" target="_blank">previous post</a>, "The Law on Human Rights and Employment in Nova Scotia: Part II" (just follow the links).</i></span><br />
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<span style="font-size: x-small;"></span><br />
<b>The decision is also interesting for a couple of additional issues discussed (whether the Human Rights adjudicator was "biased" due to his previous practice providing legal services to school boards in the areas of special education” and the effect of specific negative interactions between the mother and school personnel); however, these will be discussed in a separate post.</b><br />
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<a href="http://specialneeds-ns.blogspot.com/2012/11/breaking-news.html" target="_blank"></a>Michelle Morgan-Coolehttp://www.blogger.com/profile/03671529553739362752noreply@blogger.com0