Good News

Shannon Appointed New CEO Human Rights Commission January 12, 2012 1:25 PM

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A Dartmouth native and the first quadriplegic to reach the North Pole is the new director and CEO of the Human Rights Commission.

David Shannon, Dalhousie University graduate, lawyer, author and human rights advocate, will take over the role effective immediately. Mr. Shannon has received the Order of Canada and Order of Ontario in recognition of his contribution to human rights.

"I'm very pleased that someone of Mr. Shannon's impressive background, experience and dedication will be leading Nova Scotia's Human Rights Commission," said Ross Landry, Minister responsible for the Human Rights Commission. "He will be a strong asset for the commission, and a strong advocate for human rights in this province."

Mr. Shannon is the author of Six Degrees of Dignity: Disability in an Age of Freedom. He was a member of the Ontario Human Rights Tribunal, special advisor to the Canadian Paraplegic Association of Ontario, and has a private law practice. Before Mr. Shannon's historic North Pole excursion in 2009, he made a 9,000-kilometre, 197-day trek in 1997, to promote social inclusion for all Canadians.

"Nova Scotia has a deep and rich history of diversity," said Mr. Shannon. "I look forward to joining the many people across this province who, on a daily basis, contribute to creating a discrimination-free community."

Other recent appointments to the Human Rights Commission include Eunice Harker (Sydney), chair, and Donald Fraser (Kentville), Duncan Gould (Sydney), Colleen Prentice (Chezzetcook) and Joseph Tharamangalam (Halifax) as commissioners. The Nova Scotia Human Rights Commission is an independent government commission that administers the province's Human Rights Act.

I went to Law School with Dave Shannon. Yeah, we must be getting old ...

I didn't know Dave real well but certainly knew him to see him and have been following his adventures with interest over the years. Actually there were several times that I came across things concerning Dave that I meant to post about but, unfortunately, it never happened. Alas, 'tis the story of my life ...

At any rate, I do hold out some hope that things might take a turn for the better at the Human Rights Commission with Dave at the helm. Hope does spring eternal, doesn't it?

Bully For Him

The main reason why I don't list a blog roll on this site is because I have yet too find very many (read any) good Canadian blogs dealing with special needs and the law. Let alone any such Nova Scotia blogs (good or otherwise).  And that matters, of course, because laws can very drastically between provinces, let alone countries.

But I came across a blog post today I would really like to share.

Gregory R. Branch is an attorney in California who specializes in education law, be it special education, school suspension, bullying ... you get the picture. And while his legal services won't be of much any good to you here in Nova Scotia, some of his expertise might just be useful.

In particular, this blog post I came across today entitled "What To Do If Your Special Needs Child Is Being Bullied". Although much of the content appears to be the usual suggestions offered parents in such situations, I particularly like like his comments about involving the child's Program Planning Team ("Schedule An Emergency IEP").

So check out the post and the rest of the blog.

Just be careful to remember that we most definitely don't have access to the Individuals with Disabilities Education Act ("IDEA") in Nova Scotia, with all the built-in due process and student and parent safeguards. Still, no doubt there's some good useful information buried there.

As an aside, I hope to get up some more education-related information in the next few days, particularly a list of links to some interesting Dept of Education documents.

UN Gives Nod To World Down Syndrome Day

UPDATE: Down Syndrome International is delighted to announce that a resolution to designate 21 March as “World Down Syndrome Day”, to be observed every year beginning in 2012, was adopted by consensus during the plenary meeting of the Third Committee of the United Nations General Assembly on Thursday 10 November 2011.

The United Nations is on track to officially recognize an annual World Down Syndrome Day starting in 2012.

A resolution to establish the awareness day on March 21 of each year cleared a U.N. committee by consensus last week. Officials say it will be adopted by the international body’s General Assembly in December.

The United States is one of 78 countries supporting the effort, which is spearheaded by Brazil.

Supporters said the date — March 21, or 3/21 — is significant because Down syndrome occurs when a person has three copies of the 21st chromosome.

Advocates from around the world have honored Down syndrome awareness on March 21 for the last six years. Earlier this fall, more than 12,000 people signed a petition to request U.N. recognition in an effort to bring extra meaning to the day. Per the resolution, member nations and private groups would be asked to promote Down syndrome awareness on the special day.

A similar U.N.-sanctioned day already exists to honor autism. In 2007, the international body named April 2 World Autism Awareness Day. Correction: This article has been modified to reflect that 78 countries sponsored the U.N. resolution to establish World Down Syndrome Day.

Visit www.worlddownsyndromeday.org for more information

By Shaun Heasley

A Very Unmerry Christmas

UPDATE: Perhaps Kentucky could take a look at what Wisconsin (and many other US states) are up to in this area. Not that Wisconsin is a light shining in the wilderness - it's previous "incidents" include a teenager with PTSD who died when his teacher sat on him and a 4 year old with CP and autism being strapped to a pretend (look alike) electric chair.

Sifting through my email this morning, I came across this story.

This story that almost defines words.

A 9-year-old autistic boy who misbehaved at school was stuffed into a duffel bag and the drawstring pulled tight, according to his mother, who said she found him wiggling inside as a teacher's aide stood by.

The mother of fourth-grader Christopher Baker said her son called out to her when she walked up to him in the bag Dec. 14. The case has spurred an online petition calling for the firing of school employees responsible.

"He was treated like trash and thrown in the hallway," Chris' mother, Sandra Baker, said Thursday. She did not know how exactly how long he had been in the bag, but probably not more than 20 minutes.

And just what did this young boy do to ... deserve ... such treatment, you may ask?

Baker said when school officials called the family to pick him up, they were told he was "jumping off the walls." Days later, at a meeting with school officials, Baker said she was told the boy had smirked at the teacher when he was told to put down a basketball, then threw it across the room.

But don't fret, gentle reader. All will be fine. After all, the matter is being ... investigated.

Mercer County schools Interim Superintendent Dennis Davis said confidentiality laws forbid him from commenting.

"The employees of the Mercer County Public Schools are qualified professionals who treat students with respect and dignity while providing a safe and nurturing learning environment," Davis said in a statement.  

And there is, of course, legitimate reason for using a duffel bag in such a manner.

At a meeting with school district officials, the bag was described as a "therapy bag," Baker said, though she wasn't clear exactly what that meant. She said her son would sometimes be asked to roll over a bag filled with balls as a form of therapy, but she didn't know her son was being placed in the bag. She said school officials told her it was not the first time they had put him in the bag.

After all, it's not like this sort of thing occurs on a regular basis.

A July letter from the state agency to special education directors said the state had investigated two informal complaints this year.

In one, "a student (was) nearly asphyxiated while being restrained," and in the other, a student vomited from panic attacks after spending most of an academic year "confined to a closet, with no ventilation or outside source of light," according to the letter.

So. What are we to make of this?

In Kentucky, there are no laws on using restraint or seclusion in public schools.

I'm not aware of any "time out" bags being used in Nova Scotia, but we're all very aware what can happen time out rooms aren't regulated. Or, sometimes, even when they supposedly are.

It boggles the mind to think that such a thing could happen in the US, of all places, with their plethora of safeguards against just such abuse.

The woman who started a petition in this matter, herself autistic, stated "That would not be wrong just for an autistic student. That would be wrong to do to anyone".

Might I suggest that the only statement that need be made (if any) is that such a thing should not be done to any student. Ever. Period.

This is not just a lawsuit waiting to be filed. It's a lawsuit begging to be filed.

Worker Bees

What a great Christmas present!

I just unwrapped the Halifax Association for Community Living Family Support Program's Workshop Calendar for 2012. And there's some very, very interesting stuff inside.

Check it out!

February: "Circles" workshop "Circles" for youth and adults with intellectual disabilities who are interested in learning about relationships and intimacy.

April: "RDSP" workshop The Registered Disability Savings Plan (RDSP) helps Canadians with disabilities and their families save for the future. If you are a Canadian resident under age 60 and are eligible for the Disability Tax Credit, you are eligible for an RDSP. Earnings accumulate tax-free, until you take money out of your RDSP.

June: "Housing Options, Problems and Solutions" workshop Alternative Family Support Program Independent Living Support Approved Community-Based Homes Licensed Homes for Special Care

August: "From Emotions to Advocacy" workshop "From Emotions to Advocacy" by Pam and Pete Wright of Wrightslaw, geared towards advocates of individuals with intellectual disabilities and based on the workbook.

September: "Guardianship and Henson Trust" workshop Not every individual with an intellectual disability will require a guardian. However, they may need a guardian for specific areas of decision-making or for most aspects of daily living. The needs of adults who need a guardian are as varied as are their abilities to make their own decisions.

Protecting Your Child's Future with the Henson Trust or "absolute discretionary trust". Come find out how to protect your savings for your child with a disability so they will still be able to access community services benefits upon your passing.

Times and locations TBA in the New Year...

See you in 2012!

I will, of course, post the dates on the sidebar ("Places To Be") when they become available.

'Autism Night Before Christmas'

From 5 Minutes for Special Needs (a spot I make it to far too rarely lately), something I think many of my readers can relate to, whether or not their child is diagnosed with autism.

Twas the Night Before Christmas

And all through the house

The creatures were stirring

Yes, even the mouse

We tried melatonin
And gave a hot bath
But the holiday jitters
They always distract

The children were finally
All nestled in bed
When nightmares of terror
Ran through my OWN head

Did I get the right gift
The right color
And style
Would there be a tantrum
Or even, maybe, a smile?

Our relatives come
But they don’t understand
The pleasure he gets
Just from flapping his hands.

“He needs discipline,” they say
“Just a well-needed smack,
You must learn to parent…”
And on goes the attack

Now go read the rest of it. Please.

And  a Very Merry Christmas to you all.

Who Knew?

Apparently we have our own day.

Persons with disabilities make up an estimated 15 per cent of the world’s population. Almost one-fifth of the estimated global total of persons living with disabilities, or between 110-190 million, encounter significant difficulties. Furthermore, a quarter of the global population is directly affected by disability, as care-givers or family members. Persons with disabilities encounter many disadvantages in their societies and are often subjected to stigma and discrimination. They remain largely marginalized, disproportionately poorer, frequently unemployed and have higher rates of mortality.

.  .  .  .

The Convention on the Rights of Persons with Disabilities, which is both a human rights treaty and a development tool, provides an opportunity to strengthen developmental policies related to the implementation of internationally agreed development goals, such as the Millennium Development Goals (MDGs), thereby contributing to the realization of a “society for all” in the twenty-first century.

.  .  .  .

Sub-themes for commemorating the International Day of persons with disabilities in 2011 This year, the UN Department of Economic and Social Affairs requested the input of its partners and the general public for suggestions on a theme for the International Day of Persons with Disabilities 2011. Many responses were received from both, the UN system and civil society.

Now, for the first time, the Day will be commemorated under a general theme with supporting sub-themes to draw attention to keyout own day.

I'm glad to see not everyone missed it anyway.


I AM... I Love from L'Arche Canada-Communications on Vimeo.


Yes, it's not much, I know.
But I thought the least I could do was acknowledge it.

Looking For Work

Or perhaps that should read "Will Work For Free".

Hello:

As you may or may not know, TETRA is a volunteer based group of technically skilled volunteers who offer their talents to design and construct “off the shelf” solutions for persons with disabilities.  Our Halifax Chapter is actively seeking out projects to keep our volunteers busy. 

If possible, can you send this email (below) out to your clients/consumers as an information service on our behalf?

If you have any questions or concerns, please do not hesitate to contact me directly.

Respectfully,

Kevin Murphy

TETRA Halifax Chapter Coordinator

404-7033

The latest edition of Gizmo, newsletter of the Tetra Society of North America, has just been published.

Have a look at some of the inventions and ingenious engineering solutions of Tetra Society volunteers – each helping overcome a physical barrier faced by an individual with a disability.

It includes features on: a device that allows a double amputee to get around, and exit safely from, her apartment; Calgary chapter building its own workshop; a device for a tetraplegic sharpshooter; and the growing trend of university engineering professors using Tetra challenges to teach the engineers of the future.

All this, as they say, plus much, much more.

If you want to know more about Tetra, check out the website, take part in our forum or visit us on Facebook. (If you want to help out, there are various volunteer options, or consider making a donation.)

I've passed on info about these folks to some friends years ago and they were quite pleased with the modified bike they were able to get for their son.  So it might well be worth checking into. 

What do you need? What would you like?

Maybe, just maybe, Christmas will come early for some family...

Two Fer

Just a heads-up in case anybody missed it - I will be giving two presentations (hence the title of this post) at the Keshman Goodman Library (330 Lacewood Drive) in Halifax this Saturday (November 26th). The first  will be on the Henson Trust and it's use in Nova Scotia and the second (much longer) presentation will cover Supported Decision-Making and Legal Guardianship in Nova Scotia.

I've written extensively about both these topics on the blawg so if you're a wee bit confused (or simply don't have the energy to plough throw the myriad of posts), this will be a good chance to either learn it from scratch or have your questions answered.

The show starts at 1:30 and I look forward to seeing you.

Incidentally, there's no cost for this event, which is being graciously hosted by HACL.

Please RVSP by calling the Halifax Assoociation for Community Lirving @ 463-4752 or email Yvetter or Lisa at famsupporthacl@eastlink.ca. 

Guilty As Charged

I am sad to say that I am equally at fault here.
Perhaps even more at fault, given my personal connection* to this issue.

You see, although I recall hearing about the release of the Braemore Report on the radio (and equally recall my bestest intentions to get a copy of the report and write a blawg post), once again, life got in the way.

But fortunately it's not too late.  Not for me. Not for you.

Let's make sure it's not too late for them.

Dear Families, Friends and Members of NSACL

In October, 2011 the Department of Community Services released a long awaited Operational Review of Braemore Home in Sydney, Nova Scotia. This review came about after findings of abuse related to a 21 year old resident with Autism. Two days after the release NSACL along with our National Association, CACL released a press release, which has to date not been picked up by the media. We need to bring this review and our concerns to the media. The same week this review was released the news of the Ship Building contract was announced and it is believed that the review and its findings got lost. WE CAN’T LET THIS HAPPEN

I am attaching the Braemore Review...please read it... please also be prepared to read some very distressing and disturbing information. I am also attaching the addresses of Minister Denise Peterson –Rafuse and Premier Dexter in the hopes that you will write a letter in regards to the review. I am also including how you can get in touch with the Chronicle Herald’s letter to the Editor department. Letters to the editor: email letters@herald.ca And lastly I am attaching our press release.

• We need to let people know that this is not acceptable, not now, not ever and certainly not one more day. This is not what we want for our sons, daughters or family members.
• Nova Scotians should be outraged that persons with disabilities are being abused in institutions.
• Nova Scotians should be outraged that institutions exist in this province, there is no place in Nova Scotia for institutional services for persons with intellectual disabilities. Regardless of degree of disability or complexity of needs, all are equally entitled to community based support. 
• NSACL’s position paper on Deinstitutionalization is also attached to this email.

Please write letters to the editor, letters to the Minister of the Department of Community Services, the Premier and your local MLA’s. We cannot let this go unnoticed...we need to have a strong voice.

Thank you in advance for bringing attention to this matter. If you wish further information please don’t hesitate to get in touch with me.

Jean Coleman,
Executive Director
Nova Scotia Association for Community Living
22-24 Dundas Street, Suite 100 Dartmouth, NS
B2Y 4L2
469-1174
nsacl@accesswave.ca

Braemore Home Operational Review
Braemore Press Release
NSACL Position Paper on Deinstitutionalization

Honourable Darrell Dexter                 424-6600                     424-7648                premier@gov.ns.ca  

Premier, Office of the Premier

7th Floor, One Government Place

1700 Granville Street

P.O. Box 726

Halifax, Nova Scotia

B3J 2T3

Honourable Denise Peterson-Rafuse    424-4304                  428-0618                   petersdj@gov.ns.ca

Department of Community Services

8th Floor, Nelson Place

5675 Spring Garden Road

P.O. Box 696

Halifax, Nova Scotia

B3J 2T7

We know what we need to do. 
Now are we up for the challenge? 

* I have a sister-in-law residing in Braemore.

Note to Self ** ... And Small Kudo to Gov't

** Please try to remember to post relevant happenings when they actually happen.

Province Expands Program for Families Supporting a Child with a Disability

More Nova Scotia families caring for a child with a disability will soon have help thanks to a $1.3‐million provincial investment.

The Department of Community Services is expanding the income eligibility guidelines for the Direct Family Support for Children Program to support more children with disabilities who live at home with their families.

"Families want their children to stay at home and in their communities," said Community Services Minister Denise Peterson‐Rafuse."This investment is making life better for families, and shows our commitment to improve services for persons with disabilities and their families."

Effective Dec. 1, the amount a family can make and be eligible for the Direct Family Support for Children Program jumps from $47,000 to $72,000, after taxes. More than 80 additional families will now have access to this funding, which helps with costs for things like transportation, medication and respite when a break is needed. The amount of assistance a family receives varies depending on their income, assessed need for respite and family size.

. . . .

Government has increased investments in programs for persons with disabilities by $19 million since 2009, bringing the annual budget to nearly $255 million.

My apologies, I fully intended to post this the day it was announced, meaning it is now over a week old.

Still, better late than never, right?

Posted Without Comment

Visit msnbc.com for breaking news, world news, and news about the economy

A Voice in the Wilderness

Following is a copy of my presenataion at the recent CACL Conference, part of multi-person session on supported decision making. As the above title implies, I was the sole person questoning how well this concept might actually work.

A good discussion followed in which some of concerns were discussed and explained. Some to my satisfaction and others less so. Such is life.

Long, long ago in a galaxy far, far away (in other words, before I had a child with a disability), I was involved with grassroots political lobbying for children in third world countries. Doing that work, I became very attached to a quote from Stephen Lewis, Canada's Ambassador to the United Nations at the time, to the effect that the day would come would societies would be judged not by their industrial or economic output, but by how they treated their most vulnerable citizens.

I approach the issue of supported decision making primarily as a mother. A mother with a legal background, a mother who walks both in the field of disability and law, but a mother.

I've tried to read some of what Michael [Ed. Michael Bach - Vice President of CACL) and others have written on exactly how supported decision making would work. I say tried, not due to lack of interest, but simply due to lack of time. Because I found it fascinating. But, quite frankly, I also found some of it scary.

I was particularly struck by the response to a statement made by the Ontario Select Committee on Mental Health and Addictions' statement that the "right to autonomy must be balanced with the right to be well". Part of the response to that statement was that there is no recognized right to be well in domestic or international law.

I beg to differ - Section 7 of the Canadian Charter of Rights and Freedoms guarantees all of us the right to "life, liberty and security of the person". I would have no trouble arguing that that includes a right to be well. After all, I listened to Dr. Condoluci speak yesterday of research showing that cross-culturally parents want their children to be healthy, happy and have longevity. I rest my case. For now anyway.

I love the concept of supported decision making. In the abstract. But my concern is exactly how we are to balance the right to autonomy (that you, I and everyone else at this Conference demands and deserves) with the duty to protect where decision-making abilities are limited or where they are lacking needed supports or where people are vulnerable to abuse or neglect.