Category: Uncategorized

Using Law to Advocate for Social Change for People with Disabilities

Accessibility Awareness Day, University of Windsor March 2, 2017 Prof. Laverne Jacobs  & Shanae Soor, Disability Legal Studies Fellow, Windsor Law How can law be used to achieve equality, access to justice (A2J) and full citizenship for persons with disabilities? Issues experienced in the disability community range from basic needs such as transportation to eliminating the violence to children with disabilities caused by bullying. … Read More Using Law to Advocate for Social Change for People with Disabilities

Canada’s Proposed Disability Act: Improved Access to Justice, Air Transportation & A Federal Commissioner–Let’s do it!

The issues relating to accessibility laws are ones that I have been studying for a number of years. They are also quite important to me as a person with a disability. As a law professor, one of my primary research areas is administrative law which deals with regulation by government of various socioeconomic issues. I have also spent considerable time researching and writing about … Read More Canada’s Proposed Disability Act: Improved Access to Justice, Air Transportation & A Federal Commissioner–Let’s do it!

A Call to Address Disability Hate Crimes in Canada

Canada needs to be more proactive in preventing hate crimes against children with disabilities. Over the past year, there have been at least two media-reported incidents of violent attacks on young people with disabilities. One, which took place in Winnipeg in January, involved a 13-year-old boy with intellectual disabilities being thrown into a dumpster and left there by two men as a “prank”. Another … Read More A Call to Address Disability Hate Crimes in Canada

Portman v Govt of NWT – Legal Aid, Blanket Policies, Disability, and Access to Human Rights Adjudication

This blog post celebrates the decision rendered on July 25, 2016 by the NWT Human Rights Adjudication Panel. In Portman v Government of the Northwest Territories, Elizabeth Portman was successful in having a blanket policy refusing legal aid for human rights cases overturned. Prof. Laverne Jacobs of the University of Windsor, Faculty of Law represented Ms. Portman pro bono. [1] Since September, 2011, the … Read More Portman v Govt of NWT – Legal Aid, Blanket Policies, Disability, and Access to Human Rights Adjudication

‘Humanizing’ Disability Law: Citizen Participation in the Development of Accessibility Regulations in Canada

by Laverne Jacobs, Associate Professor, Windsor Law. Read my latest article, published in Revue Internationale des Gouvernements Ouverts, (2016), p. 79-106. Presented in Paris, France at L’Institut de Recherche Juridique de la Sorbonne, Université Paris 1 Panthéon Sorbonne, March 8, 2016. Full text available here: Laverne Jacobs – Humanizing Disability Access Regs in Cda SSRN (pdf) Laverne Jacobs – Humanizing Disability Access Regs in Cda SSRN (doc) … Read More ‘Humanizing’ Disability Law: Citizen Participation in the Development of Accessibility Regulations in Canada

The Accessibility for Manitobans Act: Ambitions and Achievements in Antidiscrimination and Citizen Participation

 by Laverne Jacobs*, Victoria Cino** and Britney DeCosta***    (Forthcoming in the Canadian Journal of Disability Studies) The Accessibility for Manitobans Act [1] (AMA) came into force in December 2013. Manitoba is the second Canadian province to enact accessibility standards legislation. The first province was Ontario which enacted the Ontarians with Disabilities Act (ODA) in 2001, and later the more fortified and enforceable Accessibility for Ontarians … Read More The Accessibility for Manitobans Act: Ambitions and Achievements in Antidiscrimination and Citizen Participation

The Universality of the Human Condition: Theorizing Human Rights Claims for Transportation Inequality by Persons with Disabilities in Canada

By Laverne Jacobs, Associate Professor of Law, University of Windsor Canada[1] Here is an excerpt from my latest paper which explores transportation equality challenges for persons with disabilities in Canada, human rights decisions, and in which I propose a new theoretical framework for analyzing issues of ability-related equality that I have termed the ‘universality of the human condition’. The full paper can be downloaded … Read More The Universality of the Human Condition: Theorizing Human Rights Claims for Transportation Inequality by Persons with Disabilities in Canada

Rethinking The Ontario Disability Support Program Act

By: Anchal Bhatia, 2L Student, Windsor Law ODSP is based on asking people with disabilities to constantly prove their struggles. It is time we rethink the ODSPA. In May 2015, there were significant discussions surrounding the backlog of medical reviews for people on the Ontario Disability Support Program (ODSP). The Toronto Star featured an article regarding disability welfare reviews and one on the difficulty … Read More Rethinking The Ontario Disability Support Program Act

Physician-assisted dying: the federal government’s request for extension

by Nsamba Gerald, 3L Student, Windsor Law Legalizing assisted suicide would not increase choice and self-determination, despite the assertions of the Canadian Supreme Court ruling in Carter v. Canada (Attorney General), 2015 SCC 5 . It would in fact augment real dangers that negate genuine choice and control. The assisted suicide model is an act executed by professional medical personnel with the intention to … Read More Physician-assisted dying: the federal government’s request for extension

Autism-inclusive employment resources

Autism-inclusive employment resources in Newfoundland fail to compensate for poor government intervention By Jade Standaloft, 2015 L.L.B., University of Tasmania. Another positive step in autism promotion has been taken recently with the introduction of  a new jobseekers’ database, aimed at connecting those on the autism spectrum with employers. The database, developed by Ready, Willing and Able and the Autism Society of Newfoundland and Labrador, … Read More Autism-inclusive employment resources

Isolation Rooms

By Anne Olszewski, J.D. 2016, University of Windsor Faculty of Law Should governments ban isolation rooms in Canadian schools? A Toronto mother of an autistic child certainly thinks so. Karen Thorndyke  and her family are suing their district school board for $16 million claiming their autistic son was repeatedly kept in an “isolation room” as punishment for his outbursts and misbehavior  in the classroom. … Read More Isolation Rooms

Inadequate Funding for Special Education: Looking at the Bigger Picture

By Krysten Bortolotti, J.D. 2016, University of Windsor Faculty of Law The Moore v British Columbia decision in 2012 was seen as a huge victory when the Supreme Court of Canada unanimously found that all school districts must take a proactive approach to budgeting and programming to ensure the rights of students with disabilities and their accommodation are taken into account. With that ruling … Read More Inadequate Funding for Special Education: Looking at the Bigger Picture