Buried in Budget 2023 ...

Some quick snippets from Inclusion Canada concerning some positive signs from the most recent federal budget.

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.

Budget 2023 extends the “qualifying family member provision” until December 2026 and has extended this provision further to allow siblings to also become plan holders where the decision making capacity of the individual with the intellectual disability is called into question. 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. 

Then, the pilot of a new automatic tax filing system for individuals with disabilities.

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. 

Finally, the first budgeted figure for the Canadian Disability Benefit.

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. 

Carry on. 

#Where's The Bill?

Following up on my last update on the Canada Disability Benefit, I have some more news to share.

According to Disability Without Poverty, during the Committee process a few positive changes have been adopted, including

• 
  indexing the benefit to inflation; 
• a requirement that agreements with provinces and territories be made public;
• a requirement that people with disabilities be meaningfully engaged in developing regulations; and
• requiring the Official Poverty Line to be considered in setting the benefit. 

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 become law.

The Regulations

In my mind, the most important of the amendments set out above might just be the requirement that people with disabilities be meaningfully engaged in developing regulations. 

As I've noted before, 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.

However, in this case, they're even more important because unfortunately, the legislation, itself, tells us very little. The proposed legislation isn't much more than a bare bones skeleton.

All we know is that those eligible (nothing tells us who that might be) will be paid a Canada Disability Benefit. [ss. 4-5] 

Other than that, the only other thing of import is that this "benefit" (however much it might be) 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] **

Good news to be sure but .... how much and to whom? Kind of important details, wouldn't you agree? 

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. 

This is why  the requirement that people with disabilities (and presumably their allies) must be meaningfully engaged in developing the regulations is so crucial.

And time passes.

** Fortunately, this includes the Dept of Community Services. They won't be unable to claw the benefit back. Now that's worth celebrating.

Update on Canada Disability Benefit Act

This past week, MPs unanimously passed the second reading of  Bill C-22, the Canada Disability Act.

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. 

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. 

NOTE: Moving forward in this post, I will be using the terms legislation, statute and Act (such as the Canada Disability Act) interchangeably. 

However, there is a lot more work to do before the Bill is passed into law. 

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. 

Inclusion Canada 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. This is no time to rest on our laurels.

The Devil in the Details

This is the current version of the draft legislation. 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. 

Here's the sticking point. 

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.

Many, many moons ago, I discussed how legislation (in this case, the proposed Canada Disability Act), regulations and policy interact. 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.

Passing legislation is far from the end of the story.

Major Improvements to Disability Tax Credit Eligibility

I've written a fair bit over the years about the Disability Tax Credit ("DCT"); primarily how worthwhile it is to have and how difficult it is to be approved. Finally, some good news.

In order to qualify for the DTC, a medical practitioner must certify that you have have 

• a severe and prolonged impairment in one of the specified categories;
• a significant limitations in two or more categories, or 
• receive therapy to support a vital function.

The good news is that the eligibility criteria for mental functions and some other disabilities has been expanded and made retroactive to January 1, 2021, so even if you previously applied and were refused, you might just get there now.  

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 mental function here. 

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. 

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.

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. Anyone who has dealt with a representation application (formerly known as adult guardianship) knows just how important those last two things are to safety and functioning in everyday life.

It's a little confusing to explain some of the changes, so I strongly recommend you check out the both the previous and new more inclusive list of items considered for yourself. 

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 

• the recognition of more activities in determining time spent on life-sustaining therapies; 
• a decrease in the required frequency of life sustaining therapy (now requires a minimum of two times per week as opposed to three); and
• including individual with Type One diabetes under the heading "life sustaining therapy".

You can find more detail on those other categories here. 

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 Registered Disability Savings Plan and soon (hopefully) the Canada Disability Benefit.

* The categories are walking, mental functions, dressing, feeding, eliminating (bowel or bladder functions), hearing, speaking and vision 

The Canada Disability Benefit Needs You ... and You ... and You

I've posted a few times on my MMC Legal Services FB page about the yet-to-be seen Canada Disability Benefit promised prior to the last federal election. 

The following is the text I received in an email from Disability Without Poverty. Please read the Call to Action found at the bottom of this post. 

Turning Bill C-22 Into The Canada Disability Benefit Act

By Amanda Lockitch 

How Does a Bill Become Law in Canada? 

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.

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? 

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. 

The House of Commons 

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. 

Consideration in Committee 

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. 

The Senate 

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.

Where We Stand Today 

At this time, the HOC has risen for the summer break. 

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.

CALL TO ACTION

Disability Without Poverty is requesting people to Meet, Call or Email your local MP.

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.

If unsure who local MP is or how to contact him or her, this page will allow you to search MPs by entering your postal code. Following the corresponding link, will give you all the contact information.

The Canada Disability What??!!

Does anyone remember the Canada Disability Benefit? Apparently, the government doesn't. 

Which is why this is so necssary.

 

It's long past time to bring this back to the public's attention. 

SO IF YOU WANT TO HELP, HERE'S HOW.

In the meantime, keep on singing. Keep on dancing. No matter how you groove.

Hoping for Good News [Round Two]

I'm hoping (and praying) for some good news today.

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". "

Thwarted" by party politics, it was.

Today, they return to the House of Commons for Round Two:

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

You will qualify if you receive any of the following benefits/services:

•  a Disability Tax Credit certificate provided by the Canada Revenue Agency;
• Canada Pension Plan disability benefit or Quebec Pension Plan disability benefit; or
• disability supports provided by Veterans Affairs Canada.

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.

Here's hoping and praying that the Department of Community Services doesn't claw this one back too (as they did with the CERB).

ROUND TWO [bell rings]

Canada's Record on the UN Convention on the Rights of Persons with Disabilities

Last month, Canada hosted the United Nations Special Rapporteur [an independent expert who reports to the United Nations Human Rights Council and the General Assembly, and advises on progress, opportunities and challenges encountered in the implementation of the rights of persons with disabilities worldwide] on the rights of persons with disabilities. And she had lots of interest to say.

I'm going to highlight a few areas in this post, those of particular interest to me. However I strongly encourage you to read the entire document. Yes, it's lengthy but definitely worth the time.

GENERAL CONSIDERATIONS
Nevertheless during my visit I have noticed that discussions about the rights of persons with disabilities are still framed in terms of social assistance, rather than from a human rights-based approach. ... Therefore, more proactive governmental responses are needed to ensure systemic change and take away from individuals the burden of initiating lengthy and onerous legal procedures to achieve the recognition and enjoyment of their rights.

EDUCATION
I also noted a disconnection between the State’s commitment to inclusion in legislation and policies, and everyday implementation in practice, reflected in long waiting time and lack of services for students with disabilities and their families, putting them under significant emotional and financial pressure. ...

ACCESS TO JUSTICE
I would like to remind the federal, provincial and territorial governments that the obligation to provide procedural accommodation to persons with disabilities in all legal proceeding, as established in article 13 of the CRPD, is distinct from the obligation to provide reasonable accommodation, as the first is not subjected to the test of undue hardship.

In addition, I am very concerned about the overrepresentation of persons with disabilities, particularly those belonging to indigenous or other minority communities, in both prisons and the juvenile justice system. I have also received alarming information that persons with psychosocial disabilities are diverted to mental health courts for minor offences where they are subjected to higher penalties and stricter regimes.

LIVING INDEPENDENTLY in the COMMUNITY
I am extremely concerned about the lack of comprehensive responses to guarantee the access of persons with disabilities to the support they need to live independently in their communities. Whereas legislation, services and programmes vary across provinces and territories, generally access to support is not considered as a right, but rather as a social assistance programme dependent on the availability of services.

... persons with disabilities have limited access to different forms of support (including income support, home support, and respite centers), experiencing long waiting time up to several years. While some pilot projects have shown their potential to transform service provision (e.g., the initiatives to provide personalized direct funding), the overall identification, systematization and scaling-up of such initiatives remain a challenge.

RIGHT to LIFE
I am extremely concerned about the implementation of the legislation on medical assistance in dying from a disability perspective.... I have further received worrisome claims about persons with disabilities in institutions being pressured to seek medical assistance in dying, and practitioners not formally reporting cases involving persons with disabilities. I urge the federal government to investigate these complaints and put into place adequate safeguards to ensure that persons with disabilities do not request assistive dying simply because of the absence of community-based alternatives and palliative care.

Now go read the rest. Trust me.

My Favourite Time of the Year ... Election Time!

Long time, no speak. My apologies for that.

But look at what I found today ...

Shaping the future of NOVA SCOTIA’S DISABILITY SUPPORT PROGRAM Choice and Inclusion: Implementation Plan

Reading through it, it occurred to me that they design these things so that anyone outside the disability community who happens to stumble across it will flip through it and think, "Good job, guys. Look at us go".

Unfortunately, if you happen to be someone who has actually walked (or wheeled) their way through this world, you might want to take a Valium (or some other nervous system calming agent) before trying to read it.

If I may ... a few examples, perhaps?

Oh look, they are going to take a new approach in providing services. How special.

A New Approach
Nova Scotians with disabilities have the same rights as everyone. We all deserve to live our lives as independently as possible. Each of us has a right to be full participants in society.

That means full social and economic inclusion, and the opportunity to live with dignity and choice. A person-directed, accessible and flexible support system for persons with disabilities will focus on key areas of action: • Increasing community-based living with social and economic inclusion; • Modernizing services and programs based on choice, flexibility and person-directed planning; and, • Reducing reliance on long term larger facilities. 

Too bad that promise was first made four year ago, when this government came to power. You might remember that - it was when the Liberals first adopted the NDP plan in the middle of our last election campaign.

Update the legislation? You mean the Homes for Special Care Act, first passed in the 1970s? That would be awesome, wouldn't it?

Updated Legislation
New legislation to replace the Homes for Special Care Act will ensure a person-directed approach to service delivery and emphasize helping people live in their own homes and communities. The legislation will help establish a range of services, supports and funding, while protecting the rights of individuals with disabilities so they can access government services and programs. 

Too bad that promise was made four year ago, too. And still not a hint of the legislation, let alone the regulations that would have to follow (often where the "meat" of the law lives).*

Should I go on? Just a few more thoughts, I promise.

What exactly are we to "reimagine" these "facilities" as?

Reimagine Residential Facilities
Under a new delivery system, facilities will no longer be used as long term residences. Instead, they may be adapted and reinvented in keeping with the principles of the transformation. The province will no longer fund the expansion of the old model of support which includes Regional Rehabilitation Centres (RRC) and Adult Residential Centres (ARC). This will not happen overnight. As we move away from the old model, there will be a focus on community-based residential living options. 

And when, exactly, will referrals actually stop? Just how long can a "temporary" placement in one of these institutions last?

Sorry, I didn't quite catch that ... how many years was that?

All right, all right. I hear you.

I will leave it to you to peruse the rest at your leisure.

But before you go, anyone interested in a little history on the Roadmap?

The Disability Support Puzzle Changes Again

Some of you might recall me posting a little over two years ago when the Dept of Community Services first posted the Disability Supports Services for Persons with Disabilities (SPD) Program Policy online. The document covered both financial eligibility for the programs under the SPD umbrella and the Basic and Special Needs Policy. So good stuff, that.

Or, at least I thought so, until I noticed the other day that we now also have a Level of Support Policy, dated May, 2014, which appears to supplement the 2012 Policy. Which, yes, means I am a little out of date, but, really, if you knew about it, why didn't someone tell me? Personally, I find that it can be awful hard to keep with life these days.

But back to the point and that is this - this Levels of Support Policy appears to be significantly different than the 2012 Policy.

While the Disability Supports Program Policy (2012) mostly concerned itself with general eligibility requirements and SPD DSP support options (aka Places to Live), such as

• Direct Family Support;
• Independent Living;
• Alternative Family Support;
• Residential Care Facilities;
• Group Homes;
• Developmental Residences;
• Small Options Homes;
• Adult Residential Centres and
• Regional Rehabilitation Centres

the new Levels of Support Policy focuses much more on "support planning" and the five "levels of support", along with the requirements for each.

If you're not "in the know", when an individual transitions to the adult system they are re-assessed and given a Levels of Support rating, from One to Five.The Support Levels look something like this:

• Level One - Minimum Support
• Level two - Moderate Support
• Level three - High Support
• Level four - Enriched Support; and
• Level five - Intensive Support

What form of residential support "program support options" are available to that person will depend on what Level of Support they have been assessed as requiring.*

To come up with said Support Level, the assessment looks at

• Activities of Daily Living;
• Instrumental Activities of Daily Living;
• Health Status;
• Medical Conditions;
• Behaviour; and
• Safety

The Levels of Support Policy also deals with other issues, of course, such as

• medical care and behavioral support requirements; 
• acute nursing services; 
• chronic medical conditions; 
• end of life care; 
• behavioral support parameters; and 
• something called "discretionary case management regarding a program option". 

Of course, last, but certainly not least (and never to be forgotten) sits the the appeal process.

Intrigued? Perhaps you best check it out for yourself.

* You might want to consider asking for a copy of the Assessment after it's complete. You will likely be denied, but that's no biggie - just make an application under the Freedom of Information Act. Don't ask me why they make us jump through the hoops, but they usually do. At any rate, I think it's worth having a copy of this (and further reassessments if the Support Level is changed) just in case. Here, this might help.

** For a complete list (with links) of all policy documents under the Disability Supports Program, go here.

Disabling Poverty, Enabling Citizenship – Canada's Federal Parties Have Their Say

We all know we should need to vote, but sometimes we wonder why we bother. And yet if the democratic process can be this frustrating to typical Canadians, it is often all the more so when it comes to individuals with disabilities and their family members, particularly since it so often seems that most of the issues that more important to us are not even on any government radar.

Operating on the theory that knowledge is power, I am passing along a Media Release from the Canadian Council on Disabilities that came to my attention today. I realize it's getting a little close to the line to question your Parliamentary Hopefuls, but if you want to know where the different political parties stand on issues of particular relevance to the disability community, read on.

The Council of Canadians with Disabilities (CCD) a national organization working for an inclusive and accessible Canada, sought commitments from Canada's major political parties on initiatives focused on disabling poverty and enabling citizenship.

• Poverty alleviation (CCD identified a refundable Disability Tax Credit as a first step) and increased employment opportunities; 

• Convention on the Rights of Persons with Disabilities and ratification of its Optional Protocol, and;

•  Accessibility measures (such as a Canadians with Disabilities Act, enforceable access regulations for transportation and other areas in Federal jurisdiction, improved palliative care and other services, support for capacity building for the
  disability community)

READ MORE

Nova Scotia's First Family Demonstration Project

I'm not sure why I have put off posting about this for so long. It definitely wasn't intentional - perhaps just a by-product of how busy my life seems to have become between going back to practice and what I am about to share.

Show of hands, please ... how many of you remember the NDP government's Roadmap for transforming Nova Scotia's Services for Persons with Disabilities Program (as it was then known)? Sure you do, remember the election campaign when all three parties endorsed the Roadmap and promised to implement it?

Now before you say anything, I must admit that I, too, was very cynical had my doubts - after all, how many times have the names of the Programs been changed? And how many times has government commissioned reports, conducted studies and, above all else, promised to change things ... all with no real or meaningful results?

So it was with great surprise (and maybe a little trepidation) that two other families and mine accepted the Department's offer last summer to turn our Transition House Project* into one of the long-awaited pilot projects for the Roadmap.

It took almost nine months to get here but I am pleased to say that my oldest daughter is one of the participants in the Province's first Family Demonstration Projects.

She has two roommates - not individuals imposed upon her (or she upon them), but two young adults that that she has grown up with and who share similar interests. Two good friends.

I must say that they have a VERY nice home. Trust me when I tell you that most of us would have killed to have our very first place out on own as nice as theirs.

But most important of all, our young adult children have the funding required to engage the support people ("house buddies" as we call them) needed so they can successfully live in their own home in the community.

Let's be clear here. This is most definitely not just enough group or small options home in disguise - we, the families (in our particular situation) decide what is needed to ensure that this will be successful for our young adult children. We, the families, are calling the shots - not the government or some residential service provider.

However, as usual, the devil is always in the details. In that vein I have some bad news and some good news for you.

The bad news is that the process, itself, of getting from the idea dream to reality was long and more than a little painful, for both sides. The good news is now that two different groups of families have successfully negotiated with the government and have committed to being in the Family Demonstration Project and one group is successfully up and running, the process for you and your family should be much, much smoother.

What's this all mean, you ask?

To put it simply ... here it is. The time has finally come. What is your dream for the ideal living situation for yourself or your family member? The time is here, people. It can and is, in fact, being done.

Full disclosure - it's a lot of work for the families to take on, there is no denying that. The Department tells us that Third Party Administrator Funding** (meaning that a third party would actually be responsible for handling the all the day-to-day tasks in making sure the financial end of things runs smoothly) won't be available for another two or three years. That leaves us, the families, to take on all aspects of managing and administrating the home, at least for the time being.

But trust me when I say that this is huge - huge for my daughter, for her roommates and for my and their families. But, most important of all, this has the potential to be huge for all persons with intellectual disabilities and their families in this Province.

Break out the band. Pop the champagne corks. We already have.

* Most definitely a story for another day.

** The Roadmap calls for participants or their families (as the case may be) to have the option of either managing the funding themselves or having a third party (I believe the plan is to redefine the roles of the current residential service providers to include acting as Third Party Funding Administrators) manage the funding. [See pp. iv, 23, 25 and 44 at the link.]

'Here To Help'

As part of Nova Scotia Legal Aid's (NSLA) current Strategic Direction ("Here to Help'), a new website has been launched. The idea is that some level of help is now available to all Nova Scotians in core areas of Family, Criminal and Social Justice.

I was at a Pro Bono Symposium last week in which this was touched upon and a few interesting points were made:

1. the income limit under which a family/individual must fall in order to qualify for Legal Aid has risen; and
2. for those who would still not qualify financially, service may be provided if the person "makes a [financial] contribution towards the payment of the costs of the legal services rendered".

In addition, no matter your income level, NSLA Offices are now providing summary advice service in relation to issues in relation to Canada Pension Disability, Employment Insurance, Income Assistance and Residential Tenancies issues.

Although individuals can contact their local office to make application for such summary advice, "Clinics" are now being offered across the Province*, such as 

•      walk-in clinics the third Friday of every month in Yarmouth with respect to Landlord/Tenant Disputes, Canada Pension Plan Applications and Appeals, Social Assistance Appeals, Housing & Low Income Housing or Grant Applications, and Employment Insurance Appeals. The initiative is aimed at giving advice to people in the Yarmouth coverage area who simply need a few questions answered with respect to a legal issue but cannot wait 3-4 weeks for an appointment;
•      questions or problems with CPP Disability, Income Assistance, Employment Insurance, Housing Grants, Landlord/Tenant relationships and Child Protection matters can be answered at the Spryfield Legal Aid Office on the first, second and fourth Tuesdays of the month; 
•     similar initiatives are being offered in Eastern Chebucto and Sydney; and
•     the NSLA Youth Justice Office is providing youth social justice service (school/school board issues, Department of Community Services and youth ombudsman assistance, Protection of Property Act concerns, housing and income security or any area in which a youth thinks NSLA can help with information, advocacy or representation) in both Spryfield and at Chebucto Connections on the third Tuesday of every month. Importantly, there is no financial qualification for youth summary advice so anyone aged 12 to 18 is welcome to stop by. 

I highly recommend checking out the new NSLA website, including the "Communtiy Resources" tab. And, of course, lest we forget, Dalhousie also offers Legal Aid services. 

* More details on all these clinics (including times and how to confirm an appointment) can be found on the website. 

Good News on the 'Special Needs' Policy

Some very good news to share on that "special needs' policy under Income Assistance that the Nova Scotia government quietly changed in August, 2011.  Remember this?

Well, I am pleased to report that as of October 1st, that policy has been changed again. This time in a good way. Check it out.

Changes to Nova Scotia's Special Needs Policy

"Never doubt that a small group of committed people can change the world. 

Indeed, it's the only thing that ever has."

~Margaret Mead

Remember What Mama Always Said ...

I generally try not to stray too close to the issue of politics on this blawg; after all, you know what Mama always said about polite dinner table conversation.

BUT.

There is an election coming up, isn't there? Why, yes, I thought I heard something about that.  So when this showed up in m inbox today, I decided to pass it on. Just consider me the messenger.

And please remember what else Mama said ....

Don't Shoot the Messenger

Good afternoon,

I am writing to you from the Nova Scotia Association for Community Living -  a province wide association of family members and others working for the benefit of persons of all ages who have an intellectual disability. We work strategically with other disability rights organizations and, in particular, with Nova Scotia People First. 

 We are encouraged by the recent announcement from the Dexter government regarding the proposed transformation of Services for Persons with Disabilities. The Roadmap  is well worth the read - Choice, Equality and Good Lives in Inclusive Communities. You are also invited to read NSACL`s response to the announcement, which can be found on our website 

NSACL believes that we the people need to be champions of this new direction if indeed we want this to be the reality for persons with disabilities in Nova Scotia. It is a shift in the will of  the government and one of the most promising signs that we Nova Scotians have heard in a very long time. I have attached the Executive Summary which neatly summarizes the 55 page document that perhaps... you could use as a reference when politicians come a knocking at your doorJ  I hope you find this helpful.

 All the best

Jean

The Executive Summary of which the lady speaks can be found here *

But whatever your politics may be, no matter how frustrated you may feel with our current government, let me say this  .... NOW is the time to hold ALL our politicians accountable and responsible.

Election promises always often ring hollow, so all we really have to go by is past performance. And when you're considering past performance, please make sure you compare compare the past performance of EVERY party that seeks your vote.

And make sure to have a nice long chat with the next politician who rings your doorbell or attempts to shake your hand at some community event.

* Trust me, it's a lot shorter than the document at that first link.

The Rest of the Story ...

I was very honoured to be asked to appear on the Global Morning News show yesterday (July 30, 2013). Many thanks to fellow advocate, Krista Lettues, and Rhonda Brown, executive producer of the Morning News show and a true friend to the disability community.



BUT.

Now why is there always a BUT??

I really wish we could have had more time to get into more detail on these issues. I really wish I had the chance to share the rest of the story.

You see, as part of my preparation for the interview, I went back and reread the original news article which led to this blawg post, which, of course, led to the interview.

But this time was different. This time, I also read the comments following the article. If you haven't read them, please go do so. It's okay, I will wait for you.

Now, if you're here reading this blawg, I am going to assume that there's a very good chance that you were as upset by some of those comments as I was. But after I calmed down a bit lot, it got me thinking. There will always be idiots out there. I know that and you know that.

But some people aren't *idiots* per se; I would say they are more "ignorant", in the true sense of the word.

ig·no·rant 

/ˈignərənt/

Adjective

Lacking knowledge or awareness in general; uneducated or unsophisticated. Lacking knowledge, information, or awareness about something in particular: "ignorant of astronomy".

Yes, ignorant as in simply not knowing. As one simple example, witness the comment of *myop*:

Animals should not be part of the welfare systems resopnsibility at all no matter what reason people have them other that assistance for the blind. 

Now here's a person who has obviously heard of service dogs for the blind. And only dogs for the blind. He or she remains blissfully unaware of all the other service animals out there - hearing dogs, dogs for persons with physical disabilities, dogs for persons with autism, seizure dogs ... I am sure the list goes on. But *myop* is blissfully unaware.

Here's another comment by *myop*:

IT SHOULD ONLY BE USED FOR THE BASIC NECESSITIES OF LIFE

Do you think he/she has any concept that what constitutes the basic necessities of life might vary between a person with no disabilities or chronic health conditions and those who live with these conditions? I guess not.

And you just can't beat the comments of *KannH*:

Correct me if I am wrong but wasn't Welfare created to help people get through bad times until they get back on their feet? When did Welfare become a career? I was on it once for 2 months between college and my first job starting but I have worked full time ever since. I am greatful it was available back then to help me but I would have never wanted to be on it long term...I had way more self respect.

Yes, dear, you are wrong. So consider yourself corrected.

For far too many people welfare is, indeed, a career. Not their chosen career but the only one our society leaves open to them. I would not choose for my daughter to be a social assistance recipient for the rest of her life. Nor would she choose this for herself. In fact, she desperately wants to have a job, live in her own place, be like everyone else her age. But that, quite simply, is just not in the cards. And yet, as hard as this might be to imagine, *KannH*, this doesn't mean she has any less self respect than you.

I could go on, of course, but snark only gets one so far.

So here's the point I really wanted to make.

After reading those comments, I got to wondering just what percentage of the social assistance caseload in Nova Scotia consisted of persons with disabilities. So I did some research and came up with some very interesting facts. In 1996 (the most recent year with available statistics), fully half of the welfare case load in Canada was made up of persons with disabilities. That's right - half of the case load. And in Nova Scotia, that figure was even higher - 57.5% of the people in receipt of social assistance in Nova Scotia had a disability.

It's funny how many people seem to have that visual of a single mom popping out baby after baby after baby to take advantage of the "generous" welfare funding or only see those in receipt of "welfare" as neglecting their children while watching their large screen TVs, doing and/or selling drugs and spending all their tax money on cigarettes. I suppose there are some people like that - there must be, considering that everybody seems to know at least one such person.

But how ironic, considering that over half of the people in receipt of social assistance in Nova Scotia are disabled. The majority are not, in fact, scamming the system. They aren't there to take advantage of the *generous* benefits, because they're too lazy or don't have enough self respect to get out of the system - they are there because they are simply trying to survive and are pretty much literally trapped.

I am thinking it is high time people got a good education in exactly who is receiving their hard-earned tax dollars and exactly who should be subject to mandatory illegal drug testing. Because the other ironic thing I find is that if you mention persons with disabilities to the majority of the people who make those kind of nasty comments, they immediately respond along the lines of "Oh, I am not talking about those people. Those people are okay. I am talking about the majority ...".

The majority you say?

So now you know the rest of the story. Now you know what I wished I had had the chance to say on the Global Morning News show.

Oh well, hopefully there will be a next time ...

She Shoots ...

UPDATE II: If you belong to a disability group, please consider endorsing this letter to Premier Dexter.

UPDATE: Apparently I am not the only one who feels this way.

A second potential op-ed piece for your consideration:

It was with some surprise that I read about the Canadian Centre for Policy Alternatives’ report concerning the effect of the Department of Community Services’ tightened rules for “special need” allowances (“Minister Defends Welfare Rules”, Thursday, July 18).  But my surprise stemmed, not from the fact that the cuts were detrimental, but that it took this long for anyone to start talking about it.

I have a good memory; sometimes even a long one. And I clearly remember, shortly after the Canada Day weekend in 2011, hearing how DCS had backed off a “clandestine plan” to cut coverage for a wide range of medical benefits (including dental care, drugs, and medical supplies) for disabled Nova Scotians living in special care homes, hours before it was to take effect and shortly after the press had sought comment from the Minister on the issue.  I tried to take the news with a grain of salt, as politics being what it is, I tend to be a mite bit cynical, not just of the party in power, but equally of those associated with the opposition.

And yet I wasn’t entirely surprised a mere two months later to learn that the government had, indeed, changed  the regulations  with respect to what was covered under “special needs” allowances.  Couched as making it easier for “clients” to understand what special needs funding they could receive and to ensure funding decisions were consistent and fair province-wide, the Minister insisted that the Department was committed to meeting the needs of those with special needs. Still many were very unhappy.

The Pros and Cons Power of Guardianship

I've written extensively in the past about the various options open to parents to manage their legal relationship with their adult challenged children.

For some families, a power of attorney and personal directive might be the answer. For other families, it won't. For some families, guardianship will be the only sensible option.

I've also written on some of the reasons why guardianship can be such a useful tool in the right circumstances -  for everything from

• being involved with the adult's medical care and having access to their medical records 

• to managing their assets (finances)  

• to the control it gives in dealing with third parties, such as various government departments and agencies on the adult's behalf.

Although all of the above obviously have great potential to be important in your adult child's life, today I would like to take a closer look at the last item listed above; namely, the control guardianship gives in dealing with third parties, such as various government agencies and departments.

Whether dealing with the Canada Revenue Agency around income tax or issues around the Disability Tax Credit, various financial institutions or financial planners as you manage your child's RDSP or Nova Scotia's own Department of Community Services (DCS) in regard to issues of "work placement" or "placement" of your adult child in a residential care facility, guardianship can be a very useful tool.

But guardianship can be particularly useful with regard to that latter item (dealing with DCS). Not only does having guardianship allow you to direct where your child lives and works, but it will allow you to be involved in ongoing care decisions with respect to such placements.

It's no secret that guardianship has, on more than one occasion, proven very valuable for parents who were initially refused access to information and records concerning their adult child who was living in a residential care facility. Both administrators and social workers often consider concerned parents to be nothing more than “busy bodies”.

However, once a guardianship order is obtained, such parents generally find that both  home administrators and social workers stop trying to do an end run around them. Sometimes, being granted access to information and records is enough. Other times, however, concerned parents with guardianship might decide to move their child to a different living situation where the child will be happier and their ongoing interest and involvement are appreciated and encouraged.

A very powerful tool, no?

And yet, the saga continues.

Shameful

shame·ful/ˈSHāmfəl/
Adjective
Worthy of or causing shame or disgrace.
Synonyms
disgraceful - ignominious - scandalous - infamous

The word hardly does justice to my thoughts and feelings when I read this earlier today.

The federal government is asking the Supreme Court to overturn a court ruling that would force it to pay the cost of caring for a severely disabled aboriginal teenager living at home. 

The precedent-setting case involves an 18-year-old on the Pictou Landing reserve in Nova Scotia and his principal caregiver mother — who herself suffered a debilitating stroke in 2010. 

Last month the Federal Court ruled that Ottawa was wrong to cover only a fraction of the cost of care for Jeremy Meawasige, who suffers from cerebral palsy and autism, among other disabilities.

Really? Seriously?? I mean, haven't they done enough already?

The federal government really wants to continue fighting this when they've already lost twice in court?

They really want to continue fighting this when the House of Commons unanimously voted in favour of adopting Jordan's Principle in 2005 and federal departments publicly pledged to respect Jordan's Principle in their policies?

They really want to fight this when the Federal Court has found that Ottawa's unlawful failure to cover only $2,200 of the $8,200 a month cost of Jeremy's care leaves his family with no other option than institutionalization and separation from his mother and his community?

~  ~  ~  ~

By the way, want to hear a funny?

A departmental spokeswoman for Aboriginal Affairs said the government continues to make the health and safety of First Nations a priority. 

“The government of Canada will work with the Pictou Landing First Nation for the reimbursement of home-care costs incurred related to Mr. Meawasige’s need, however following careful consideration we have decided to appeal the decision,” Genevieve Guibert said in an e-mail. 

“Canada is committed to working with the community and the province to ensure appropriate supports are in place for the family moving forward.”

Oh, okay, now I get it.

Run along, it's all taken care of now.

Don't you see - the government is all about working with the First Nations to reimburse Jeremy's home care costs.

Which, of course, would completely explain the how and why behind the Canadian government - your and my federal government - spending over $3 million to date just so they won't have to pay the $8,200 per month required to keep Jeremy at home.

Ever wonder what's really going on?

“We think that after these cases go through, the federal government’s programs for first nations people will need a drastic overhaul in order to deliver services equal to what other Canadians receive,” said Kent Elson, a Toronto lawyer who is involved in the policing and special education challenges. 

But if the government wins, recently won powers for first nations to launch human rights complaints would be severely restricted, the acting head of the Canadian Human Rights Commission has said.

“We think this is one of the most important human rights issues this decade,” Mr. Elson added.

And to think that people continue to ask me, with a straight face, nonetheless, why I have never (and could never picture myself) voted Conservative.

Now that's brazen.

He's Baaaaack...

UPDATE: The Assembly of First Nations' Response

I've written on more than one occasion about the discrimination faced by Jeremy Meawasige (and other First Nations' children) like him.

Let's say it altogether, shall we?

J-O-R-D-A-N-'S  P-R-I-N-C-I-P-L-E

Now that wasn't that so hard, was it?

For once, I am pleased to report good news. For now anyway. *

OTTAWA — The Federal Court has ordered Ottawa to reimburse a First Nations band for the cost of taking care of a severely disabled teenager living at home — a ruling that could have widespread implications for federal social services on reserves. 

“It sets an important precedent to ensure all First Nations children across Canada are given equal access to essential government services,” said Paul Champ, the lawyer for the boy’s mother. 

The case centres around 18-year-old Jeremy Meawasige, who has hydrocephalus, cerebral palsy, spinal curvature and autism, is self-abusive and can only communicate with his mother, Maurina Beadle.

You might recall that federal officials have been arguing (both in and out of court) that they were in complete compliance with Jordan's Principle and providing funding in line with provincial programs. But the court found that what they had refused to hadn't taken into account was "provincial provisions for special circumstances".

Of course, some of us might call that very proposition into question too - since when, exactly, has there been "provincial provisions for special circumstances", you ask?

Good question.

And up until the 2011 decision of the Nova Scotia Supreme Court in Boudreau, it appeared that the answer was that there were no "provincial provisions for special circumstances", at least not in Nova Scotia.

["As you know the Direct Family Support program bases its respite amount on $10 per hour. Unfortunately Services for Persons with Disabilities (SPD) staff have not been authorized to increase this hourly amount at this time. In regards to the possibility of increasing your monthly amount, in order that you can use the additional funding to pay extra per hour, SPD has not been authorized to allow any increases which result in payments exceeding $2200 per month. As Brian’s current respite allowance already exceeds $2200 per month no increase may be authorized at this time."]

However, Boudreau, as you will recall, not only settled the question of whether the Services for Persons with Disabilities program is authorized by legislation, it also made it clear that there is nothing voluntary about the SPD program  (once eligibility for services has been shown/accepted, a legal entitlement arises automatically) and, as with any other “assistance” under the Social Assistance Act, eligibility triggers not just a right to that assistance but one that is to be immediately provided.

Even better, the court in Boudreau found that, generally, the SPD Program falls under the ‘special needs assistance’ provisions in the Social Assistance Act and, in situations where the legislation does not stipulate a maximum amount for such assistance, the Department should be paying “reasonable” amounts sufficient to meet the need.

And so it was, with a stroke of Justice Rosinski's pen in the Boudreau decision, that the Province could no longer rely on the November, 2009 directive from the Director of the SPD program limiting the Direct Family Support program approval levels for respite funding to $2200 per month.

And that decision in Boudreau, you see, was exactly what Maurina Beadle and the Pictou Landing Band Council relied on in their successful judicial review application for Jeremy Meawasig.

Back to that good news I mentioned in the beginning of this post - the Federal Court ruling now obligates Ottawa to uphold Jordan’s principle ... in more than just principle, one might say.

“Jordan’s principle is not to be narrowly interpreted", Justice Leonard Mandamin warned.

And although Mr. Justice Mandamin didn't say exactly how much the federal government should be paying to the Pictou Landing band council, after noting that Jeremy's mother is often the only one who is able to understand and communicate with him and Jeremy's only other option would be institutionalization and separation from his mother and community, the court indicated that it should be a lot more than the $2,200 it is already paying. It is expected that this decision will give Jeremy's mother and the band council grounds to demand a full reimbursement.

There's more to this story, of course.

Go read the piece in the Chronicle Herald to see the reaction of Jeremy’s 23-year-old brother, Jonavan Meawasige, who has taken on much of Jeremy's home care over the past two years, while also trying to fish for a living and the expected implications for other First Nations children, including in a separate case on First Nations child welfare in front of the Canadian Human Rights Tribunal, where it is being argued that First Nations children have the right to welfare services on par with what provincial governments offer off-reserve children.

Well, imagine that. Now what do you suppose they will think of next?

* Hoping and praying this decision won't get appealed by the federal government. And that our provincial government will stop trying to do an end run around the Bourdreau decision, telling families that it has no absolutely no application to their particular case, when that is, at a minimum, very debatable.