![]() Her research on the intersections of disability, gender, Indigenousness, race, and age reveal that “the collectively held ideas that give context to disability policies are at odds.” 14 Steinstra’s article rightly recognizes that Canada’s disability rights have ultimately been shaped by human rights. Recently, Deborah Stienstra, applying a critical theory framework, examined some of the nuanced and complicated material inequalities experienced by people with disabilities in Canada. Consequently, the CHRC found that “the disability rates for both women and men progressively increase with age.” 13 This all leads one to ask how inclusive is Canada when it comes to advancing the rights of persons with disabilities? 12 According to the Canadian Human Rights Commission (“CHRC”), disability rates also vary between women and men and across age groups. This figure represents 13.7 per cent of the Canadian population. B: Responding to Rising Disability RatesĬlose to 3.8 million Canadian adults report some type of disability. British Columbia 8, the Supreme Court of Canada (“SCC”) held that “to promote the objective of the more equal society, section 15 (1) acts as a bar to the executive enacting provisions without taking into account their possible impact on already disadvantaged classes of persons.” 9 To that end, the Court concluded that in order to ensure equal opportunity, a government “may be required to take positive steps to ensure the equality of people or groups who come within the scope of section 15.” 10 Between 19, the Court heard 16 major cases specifically addressing disability rights issues either through section 15 jurisprudence or in the statutory human rights context. In Canada, section 15 of the “Charter of Rights and Freedoms” 5 ensures that “every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” 6 Arlene Kanter argues that “the “Charter” does not merely provide individuals remedies it also requires the immediate invalidation of any law or government policy or program that is found to violate the “Charter”.” 7 In the decision of Eldridge v. Despite this assertion, Ravi Malholtra argues that the Supreme Court of Canada has come a considerable distance in embracing a social model of understanding disablement. People with disabilities are among the most marginalized Canadians. While this paper does not purport to be exhaustive, it aims to provide an assessment of the CRPD and its implications for Canada, especially where it concerns the legal capacity of persons and groups of persons with disabilities and the provision of legal services by professionals. ![]() Despite these reservations, this paper will demonstrate that the CRPD, as an international treaty, has acted as a catalyst for changing social norms on disability rights through important areas of influence, and as such, will continue to have positive implications for the rights of persons with disabilities in Canada. As a result, Canada has signed and ratified the treaty with its own reservations. ![]() Article 12 of the CRPD has been interpreted to promote the adoption of supported decision-making legislation. The CRPD, with its overarching ideal of equality, seeks to create a new international norm in disability rights by encouraging state parties who are signatory to the treaty to adopt legislation that promotes the right to equal recognition, legal capacity, and supported decision-making. In Canada, this fight for equal recognition began behind closed doors in 1980, when a law student named David Lepofsky argued for the inclusion of disability rights in section 15 of Canada’s new constitution (the Charter) 3, and first received widespread public attention in 1982, when a courageous young man with cerebral palsy named Justin Clark, started his successful claim to make decisions that impact his future care and living arrangements. It signifies the belief that disability rights should not be created without including the voices of persons with disabilities and their representative organizations. ‘Nothing about us without us’ is the slogan that was adopted by the International Disability Caucus 1 during negotiations surrounding the creation of the international treaty, the United Nations “Convention on the Rights of Persons with Disabilities” 2 (“CRPD”). ![]() By Brett Ryan Book INTRODUCTION: A NEW PROMISE FOR EQUALITY ![]()
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