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Articles 1 - 10 of 10
Full-Text Articles in Disability Law
The Annotated Accessible Canada Act - Complete Text, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry
The Annotated Accessible Canada Act - Complete Text, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry
Law Publications
An accessible MS Word version of this document as well as related tables are available for download at the bottom of this screen under "Additional files".
The Act to ensure a barrier-free Canada, S.C. 2019, c. 10, which is commonly known as the Accessible Canada Act (ACA) came into force on July 11, 2019. It is Canada’s first piece of federal legislation focusing on accessibility for persons with disabilities.
As a piece of federal legislation, the ACA regulates accessibility for those sectors of the economy that fall under federal jurisdiction pursuant to s. 91 of the Constitution Act …
Social Determinants Of Health And Slippery Slopes In Assisted Dying Debates: Lessons From Canada, Jocelyn Downie, Udo Schuklenk
Social Determinants Of Health And Slippery Slopes In Assisted Dying Debates: Lessons From Canada, Jocelyn Downie, Udo Schuklenk
Articles, Book Chapters, & Popular Press
The question of whether problems with the social determinants of health that might impact decision-making justify denying eligibility for assisted dying has recently come to the fore in debates about the legalization of assisted dying. For example, it was central to critiques of the 2021 amendments made to Canada’s assisted dying law. The question of whether changes to a country’s assisted dying legislation lead to descents down slippery slopes has also come to the fore—as it does any time a jurisdiction changes its laws. We explore these two questions through the lens of Canada’s experience both to inform Canada’s ongoing …
The Annotated Accessible Canada Act - Excerpt, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry
The Annotated Accessible Canada Act - Excerpt, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry
Law Publications
An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files".
The Act to ensure a barrier-free Canada, S.C. 2019, c. 10, which is commonly known as the Accessible Canada Act (ACA) came into force on July 11, 2019. It is Canada’s first piece of federal legislation focusing on accessibility for persons with disabilities.
As a piece of federal legislation, the ACA regulates accessibility for those sectors of the economy that fall under federal jurisdiction pursuant to s. 91 of the Constitution Act, 1867. This includes …
Fighting For Deinstitutionalization In Nova Scotia: Emerald Hall Human Rights Case, Sheila Wildeman
Fighting For Deinstitutionalization In Nova Scotia: Emerald Hall Human Rights Case, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Those who have not been following the human rights complaint, MacLean v Nova Scotia, should start paying attention now. The case will be heard at the Nova Scotia Court of Appeal in November. People First Canada, CACL and the Council of Canadians with Disabilities will intervene.
At stake is whether institutionalization counts as discrimination - and what, if anything, human rights can do to respond.
Beth MacLean, Joey Delaney and Sheila Livingstone, all persons labeled with intellectual disabilities, brought the complaint to the Nova Scotia human rights commission in 2014. The Disability Rights Coalition [DRC] joined in the complaint.
MacLean, …
Immigration And Disability In The United States And Canada, Mark Weber
Immigration And Disability In The United States And Canada, Mark Weber
College of Law Faculty
Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …
Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring, Roxanne Mykitiuk, Yvonne Peters
Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring, Roxanne Mykitiuk, Yvonne Peters
Articles & Book Chapters
This chapter surveys laws and policies in Canada that affect the rights of persons with disabilities. It does so as part of a broader project on international disability rights monitoring and is guided by DRPI's National Law and Policy Monitoring Template (2008). The template is based on the Convention on the Rights of Persons with Disabilities (CRPD) and other international instruments. The template's purpose is "to monitor human rights for people with disabilities at the systemic level, that is, at the level of existing laws, policies, and programs," and to "identify and draw attention to the most critical gaps and …
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
Mandatory Minimum Sentences And Women With Disabilities, Fiona Sampson
Mandatory Minimum Sentences And Women With Disabilities, Fiona Sampson
Osgoode Hall Law Journal
This article examines the issue of mandatory minimum sentencing from the unique perspective of women with disabilities. Concerns about the discriminatory application of mandatory minimum sentences are outlined and analyzed from a gendered disability perspective, as are concerns about the devaluation of the lives of persons with disabilities through the support of reduced sentences for those convicted of murdering persons with disabilities. This examination makes it clear that the different concerns of women with disabilities are difficult to reconcile, as they mandate contradictory positions with respect to the possible abolition of the sentencing practice. The challenges inherent in the development …
Latimer: Something Ominous Is Happening In The World Of Disabled People, H. Archibald Kaiser
Latimer: Something Ominous Is Happening In The World Of Disabled People, H. Archibald Kaiser
Osgoode Hall Law Journal
Although the Latimer decision breaks no new substantive ground, it has created a furore over the application of the mandatory minimum sentence for murder. This article maintains that, despite the pre-existing need to examine the complex range of issues in mandatory sentences, the Latimer case provides a wholly inapposite base for revisiting this sanction. The Supreme Court of Canada properly rejected the accused's attempt to invoke the defence of necessity, as well as some procedural contentions. The Court also determined that the mandatory minimum sentence for murder was not cruel and unusual punishment as applied to the accused. The reaction …
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Dalhousie Law Journal
The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.