Showing posts with label discrimination. Show all posts
Showing posts with label discrimination. Show all posts

Sunday, April 29, 2012

LIVING IN A TIME WARP IN MY OWN COMMUNITY

The region has its routines, cultures and environment, overall as each person and family within it have their own experiences. Those that benefit from the region's attributes the most are those that enjoyed a relatively clear middle class upbringing, usually with both parents intact and enough resources in one's family to send each child to a strong start. These are the people that grew up here or in a similar sized community with a pool in the backyard of a house their families owned, and a driver's license at sixteen with even the possibility of help from parents to obtain their first car. This gives people the lack of capacity to understand hardship from some angles, unless something serious and tragic happens within their family subsequently. Often their parents worked as GM workers, teachers, regional employees, nurses, among other stable professions. The last decade in which this stability was even possible for people was perhaps the early nineties, although less and less families have the kind of resources that would produce this element of stability.

People who have had this type of supportive background, parents like this and so forth, cannot picture what life is like without access to an automobile, or access to a good job. Many times parents give their word to employers to assist their children in gaining a foot in the door, or the parents are involved in a business, where they would hire their children to take it over as they decide to retire at a later date. These people who had these advantages have no idea how people without these advantages are screened out of jobs routinely, as employers like everybody else, prefers to take on somebody they know or who are related to somebody they know before they "take a chance on somebody new". A friend of mine in Niagara calls this the Family Compact. There are jobs still available, but not any of the good ones that are supposedly in the "private sector" - just the bad ones that the anointed favourites will not take.

On the contrary, I have met people who have not had the type of background described above, who are now struggling. For these people, economic recovery is meaningless, as the economy does not improve the prospects for these people - ever. These people started well behind the starting line and have experienced significantly more barriers than other people. They may not have both parents raising them, or in many cases, they have lived on their own from the time they were sixteen or seventeen. They did not have parents eager to teach them how to drive, and to allow them to practice with them for their ultimate road test. As a result, many of these people learn to drive late, or in some cases, not at all. It is not that driving is a rite of passage for everybody, but in the Niagara Region, where values of one's progress match those in the 1950's when compared to other communities, if one did not go through that rite of passage at that age, they are looked upon as somehow "damaged goods". Others that might have learned to drive, but have lost their license due to medical conditions are viewed as equally "damaged".

I related this to a Toronto audience, mostly consisting of people who lived in Toronto or other large cities most of their lives, and they found this to be unbelievable. Even those whose youth was demarcated in the same way as described above, their worth or value as a person is not affected because they never learned to drive, or cannot drive due to medical conditions, or whatever. In fact, in a cosmopolitan way, many people choose not to drive in a large city and as such, this choice can be accommodated. An employer does not view any of these people who either cannot or will not drive as any less qualified for most jobs in a true cosmopolitan community, and would consider what that person can bring to the company, as opposed to how he or she brings themselves to the workplace. Unfortunately, in smaller regions, Niagara of which is at least one, employers have created major barriers to persons with disabilities, persons who just did not have the advantage of parental support to get them on the road, or persons without any funds to own and maintain their own vehicles.

Long term reliance on social assistance for these people is not uncommon for many of these people, including those who might have an advanced education. I know engineers, teachers, social workers, construction workers, researchers, and others who have spent several years on Ontario Works due to an inability to afford a vehicle, or due to medical or other restrictions on their driving privilege. In fact, one's access to a vehicle and their ability to drive it on a regular basis has become yet one more tool in the arsenal of employers that may not want to hire "damaged goods". At the same time, employers see no reason not to continue to demand driver's licenses and personal ownership of a vehicle to be a key qualification for a job.

I notice the region has and continues to perform poor planning decisions in this area as well, as the region's decision makers and planners are working under the assumption that everybody from every part of this region has a driver's license and personal access to a vehicle. The city for example is planning to tear down the West Park Pool that is currently located in the west end's only high school, which by the way, is also on the chopping block with the District School Board of Niagara. Those using the pool are from a disproportionate number of public housing projects, senior citizens, as well as students from the entire south end of the community. While some people did drive in to use the West Park Pool, its location was accessible to the people who live in the Western Hill neighbourhood which was identified as a "priority" neighbourhood by the region. Living in a "priority" neighbourhood does not necessarily mean you are poor, but the chances are greater that you are, as there is a large section of this neighbourhood devoted to low cost housing, rent-geared-to-income housing, as well as houses that could be bought for less than the city's average market value. This is a neighbourhood where people downsize in their retirement years, or move into lower cost housing with one's children, particularly single parents.

However, my city does not seem to understand why removing the West Park Pool from this neighbourhood is going to undermine this population's use of their brand spanking new facilities they are almost finished building in the north central end of town. First, there is no bus service to this new facility in the evenings and on weekends, something whoever planned this location has blithely ignored, likely because he or she believes that almost everybody drives or can "get a ride from a friend". At the same time, the parking for this facility has been carefully planned and accessibility for "handicapped" persons has been considered, yet they did not consider core accessibility for those that cannot drive in the first place, possibly due to a disability. The city will not spend any more money to keep the West Park Pool open because they say they have no money, which is unbelievable, given the multiple projects they recently approved to the tune of hundreds of millions of dollars. For the fifty million arena the city just approved, they are also seeking a multi-million dollar walkway for participants to use St. Paul Street to go to the arena from the downtown parking lots, presumably. If they have money for this farce, they have money to repair the West Park Pool to standard and to continue its operation, alongside the new one they built.

When I spoke at City Council when the issue of the West Park Pool was discussed, virtually all the councillors around the table dropped their jaws when I advised them of the lack of evening and weekend bus service to their facilities. I asked one of them afterwards what were the qualifications of the person who would be planning and making these decisions. My bet is that the person must have a driver's license and access to a personal vehicle. Failure to consider transit riders in the design and location of a project to me is the type of thing that such an employee should be fired over, yet in a region like this it is highly unlikely. When somebody writing for the Toronto Sun wrote about the lack of bus access to a children's recreational program, their city hall immediately revised a transit route to have a bus stop in front of the said building. I somehow doubt the routes will be amended in this case to accommodate non drivers, as non drivers are not seen to exist in this region. At the same time, I am supposed to fork out increasing taxes year over year for hundreds of millions of dollars in road work, traffic lights, parking lot structures, and other privileges for people that drive. My guess is that drivers would not have to pay to park at the new Kiwanis facility. Why is it the taxpayers' responsibility to ensure a driver can park their car at a place like this, while it doesn't seem to be important to ensure bus access to the same location?

Besides this, the District School Board of Niagara is bent on closing the newest and only high school in the Western Hill neighbourhood. They will instead bus high school kids outside of their neighbourhood to other schools, which means if the child cannot be at the bus stop for whatever reason when it leaves, he or she may not be able to go to school that day. They will also not be able to participate in extra curricular activities, as the buses will likely leave before these activities begin. Henceforth, according to our friend Don Drummond, who had recently completed his review of government services, parents may be charged fees to help cover the cost of this busing. So, once again, we are going to have to pay for decisions made by other people. What is the effect of something like this in my neighbourhood?

First, I live in a food desert. This means there is no easy access to a grocery store near enough to my home to walk there. We can walk, but it takes about forty five minutes to get there, but it is the closest, yet most expensive food store in the area. There are no community centres or service hubs in my neighbourhood, unlike there being access to the same in other "richer" neighbourhoods. With this comes the dearth of after school activities for kids. There are no decent restaurants in my neighbourhood, or bank branches for people to do their banking. All we have is a couple of bars, a Chinese restaurant, a few convenience stores, a closed down body shop for cars, a beauty salon, a laundromat and a chiropodist's office which never seems to have anybody there. In the past few months, we have witnessed three foreclosures on homes that were owned, as well as a high turnover of tenant households. Other than that, we do have some senior citizens who are retired or semi retired, or housing that seems to be increasingly being built for Brock students. There are families here, but I somehow doubt they will remain in this neighbourhood once these other amenities are removed. Who wants to buy into a neighbourhood where there is no high school, community centre or any recreational facilities? Will I be able to sell my house? I somehow doubt it, unless the purchaser can somehow convert it readily to a student residence.

For people like myself, this neighbourhood has literally lost all of its appeal. I no longer want to live here. This neighbourhood has the lousiest bus service of anywhere in this city, especially on evenings and weekends. If the pool and the high school close, there will be no point in us continuing to stay here. I will have to find another place to live that is closer to one of the high schools that will remain open, so that my daughter will have some place to go when she becomes of age. She is not like my son, who is very enthusiastic about school and interested in learning. I do not want circumstances to be in place to encourage her to drop out. I have already heard from some students that were going to Thorold Secondary School, another school on the alleged chopping block, state to the committee that they may not be able to continue to attend school. For many people, a long bus ride each day is too much for them.

At the same time as this, hydro rates are skyrocketing in May, and the last time I went grocery shopping, prices went up by at least five percent. If this were happening in Toronto, it would not be tolerated. People would band together and fight these changes, and many times, they win. Here, there is a half hearted attempt by a citizens group to form a non profit group to keep the pool open, but it seems there is not as much of a fight by the same people to keep the high school open. Don't these folks live in the neighbourhood too? Are they not concerned about what will happen when they try to sell their homes? I must say that I was happy to hear about the group trying to save the pool, but we need a lot of people like our Mayor, city council, and even regional councillors to fight to keep the schools. In my view, all the school board has to do is enforce its own boundaries and they would not have to close any schools, but instead they intend to make it the problem of families that do not drive, do not have access to recreational services and money to help co-pay for the bus services.

Don't they understand? This is a PRIORITY neighbourhood! Perhaps, my next step will be to submit a Freedom of Information Act request to the city to find out ward by ward how much money per capita is being spent on services, and I know for a fact that my ward will show the lowest expenditures, simply because there are a large number of "throw away" people in this neighbourhood, people that city councillors, who all drive and live in big houses, do not consider to be worthy of having accessible services in their own neighbourhoods. I filled out a survey awhile back that asked how well I fit in within my neighbourhood, my community and my region, and my answer to this was "I don't feel I fit in at all". This does not say anything about the people here, as they are okay, but it does say a whole lot about how I feel I am treated as a non driver, who is not able to attend 90 - 95% of even "free events" that are put on by the community or by groups in it, and at the same time, have to be subject to the exhaust smoke of other people's vehicles, have to walk on sidewalks that are broken and subject to trip hazards or cyclists that blithely ignore the by-laws around riding a bike on the sidewalks. Again, if they do this in Toronto, people will bring this to city council and rally around it. Here, it is like nobody cares.

They once asked questions of how the city can improve neighbourhoods and accessibility issues. If they really wanted to do this, they can read this post and implement changes that would stop me from feeling so disgusted that I have to leave, just wishing I had enough money to do so.

Sunday, March 27, 2011

MAKING LIFE BETTER FOR ONTARIO'S CITIZENS WITH DISABILITIES

Last December, the province announced a comprehensive Social Assistance Review. This is part of the all party supported Poverty Reduction Act, passed approximately two years prior. The purpose of this review is to achieve the following objectives:

Review Objectives

The review commission will create a concrete action plan to reform Ontario's social assistance system. A reformed system will:

■help get people back to work
■be part of a larger income security system that includes municipal, provincial and federal programs
■share responsibility for improving the outcomes of low-income Ontarians with municipal and federal governments as well as the people who rely on social assistance
■be simple to understand and access, and provide people in need with basic income support in a fair and equitable way
■work well with other municipal, provincial and federal programs outside of social assistance - including education, training, housing, child care and health benefits - to support employment
■respect the autonomy, responsibility and dignity of individuals and recognize that clients are best placed to decide how to spend their money to meet their needs
■be efficient, financially sustainable and accountable to taxpayers, and
■meet its intended purpose as a system of last resort

Unfortunately, there is no stated objective to reduce poverty among those that receive, or must rely on these social programs to survive. Also, while a stated objective, the present system does more to discourage work than it does to encourage and maximize the benefits from paid work for such individuals and families.

Among my colleagues, there is as much fear and trepidation as to what this review might recommend, or result in, as there is excitement. This concern was outlined in a previous blog entry of mine. Treating persons with disabilities as part of the welfare system is the first biggest mistake of our social safety network, as this effectively prevents individuals from forming families and those with families from getting ahead financially.

As of the time of the 2006 Census, 68.6% of all families consist of two married persons, while an additional 15.5% of families in the 2006 Census were living in a common law relationship. Accoding to the Ministry of Community & Social Services, as of February 2011, 77.3% of the entire ODSP caseload consists of individual persons living alone, while an additional 8.75% are single parents with dependents under the age of eighteen years of age. This means approximately 84% of ODSP recipients are unattached, while a roughly equal number of non-recipients are attached in some way.

According to the National Council of Welfare, the greatest risk of poverty falls on to those who are unattached. When risk of poverty was selected by family type, unattached individuals, married couples and families, were compared, unattached individuals were at least five or six times as likely to live in poverty than those who were attached, or were a part of a family.

One would think logically, then why don't more ODSP recipients get married or involved in a common law union? The answer is obvious, if you are either one of the many unattached ODSP recipients, or one of the 16% of the caseload that is part of a marriage or common law union. If one member of the couple works, their income cannibalizes the recipient's income proportionately, regardless of whether the recipient has earnings of his or her own or not. The non-disabled spouse is obligated to fully support the disabled spouse to an extent that is beyond what is required by law in non-welfare situations. For example, if the disabled spouse was in receipt of worker's compensation, CPP Disability, Long-Term Disability, or any other income, even earnings, these sources of income are completely unaffected by the non-disabled person's income and assets, even though in those cases, the non-disabled person has an equal obligation under law to support their spouse. That means the working spouse goes to work, gets taxed on every dollar they make, and after that, they lose an additional 50% of their income to ODSP. In effect, they are paying more taxes than are required of millionaires!

If a spouse wants to bring their family out of poverty, they must either work in a job that pays them at least $70,000 or $80,000 a year, with benefits, or work the equivalent of 2.5 jobs to keep their family OFF benefits. Conversely, the person with the disability loses more and more of their independence the more money their spouse earns. This is setting people up for some pretty horrible situations: Many times, spouses do not feel obligated to report their income to ODSP, and thus will not disclose their income to their disabled spouses and thus will not declare their income, getting the disabled person in trouble with ODSP. Henceforth, this type of intrusion in the family unit results in a large number of break-ups. In virtually all of the break-ups I have seen for this reason, resulted in ODSP forcing the non-disabled spouse, now separated from them, to pay support - even if they have to sue. Now the non-disabled spouse does not only have to support themselves, they now have to support a second household, while the disabled person does not net a single penny more than they would if they were on ODSP alone.

When this issue is raised in some parts of the community, some common retorts come back about why should well-paid lawyers or teachers or business people be able to keep all of their income if they marry somebody on ODSP? The answer is simple. These people get to keep all of their income if their spouse is working, is on WSIB, is on CPP, is on LTD, or whatever else, apart from ODSP. The tax system takes care of any alleged inequities. If they split up with their ODSP recipient partner, they would still have to pay support as they always would have, regardless of the lower income spouse's source of income. Under the current law, working spouses are required to do more than their obligation under family law, and suffer greater penalties if the relationship does not work. That is why there are so very few people married or living common law that receive ODSP. Thus, their opportunity to escape poverty by marrying somebody is closed to them.

Self-employment is often an option for persons with disabilities that cannot fit in the regular workplace. Many people who start their own businesses carry on and become quite well off, as a result of their own efforts and subsequently, the business supports them. Unfortunately, for those in receipt of ODSP, the rules prohibit any moves that can help get a recipient out of poverty. The self-employment directive, or Directive 5.4, has been set up to keep a recipient and/or their family in poverty and relying on ODSP in perpetuity. Less than 2% of those on ODSP are receiving self-employment income (reports from Ministry sources). Many people who were self-employed have stopped working in their businesses, once the barriers put into place by ODSP are discovered and affect them.

First, the self-employed person cannot hire anybody to assist them. The person is supposed to be the sales person, the accounts recievable, accounts payable, receptionist, researcher, delivery person, service provider, etc. For businesses beyond being a dog walker, babysitter, crafts person, or writer, the business is going to need to grow to accommodate increased business and service demand. A business owner can't tell its customers that "No I can't serve you because if I do, I will need to hire somebody else to help me and I am not allowed to, so I have to keep my business small and non-profitable". First, a business person would be stupid to admit this, as customers would not patronize a business that is known to be operated by somebody with a disability ... due to stigma. Second, this business is not permitted to write off expenses to attend networking sessions with peers, or to purchase career related clothing to help present a positive and business like image to their customers.

If the business person is any good, the customer base WILL grow, and it is beneficial to ODSP for it to do so, as over time, the earnings will increase and in many cases, eventually take the person and/or their family off ODSP. By sticking to the original directive, the person ends up working very long hours every day, often risking exhaustion and then possibly compromising product or service quality as a result of not having paid help to take care of the administrative matters. In a decent business, the telephone might ring twenty to twenty-five times a day. There may be as many as thirty to forty e-mails. Somebody needs to respond to them, or the customers calling or emailing will be upset. However, responding to the calls or the email does not result in billable time, so the time spent doing these items takes away from time that is paid.

ODSP's objection is they don't want taxpayers to subsidize a business. This objection is moot given multi-billion dollar handouts to corporations each year, as well as regularly FUNDED programs for consumer/survivor initiatives, as well as a number of other "community economic development initiatives". Any employee funded under a business operated by an ODSP recipient would be paid for from the business' earnings, unlike the consumer/survivor businesses, such as those run or started by groups like OCAB, or Ontario Council of Alternative Businesses. While this is not an objection to these types of organizations, the government needs to be consistent with its policy applications and objections. If they do not want to let ODSP recipients that operate private businesses hire employees, then stop handing out money to banks, insurance companies, automakers, etc. and discontinue funding for all alternative businesses.
Because the above actions are not going to stop for various policy-based reasons, then the rule against hiring employees must cease.

With this policy in place, we are forcing vulnerable persons to work very long hours, completing all tasks associated with the operations of a business, and replete with limitations imposed on them by their disability. They are expected to be superhuman. Even people without disabilities that operate a business have their limits, and will definitely seek to hire a helper at some point when their business starts to grow. Instead of deducting the money paid out as 100% and thus, risking the family's base income, ODSP should connect these self-employed persons to business consultants to help ensure they hire the right kind of help, obtain the best marketing assistance, and so forth to ensure the business works well. Income that goes to the owner is still declared, but all income going to other workers, or to other purchases should be exempt as it would under Canada Revenue Agency rules.

A further complication of this issue is when one starts or is involved with a business subject to special regulations, such as the Health Profession Regulations Board, the Teacher's College, the Ontario College of Social Workers and Social Service Workers, or the Law Society of Upper Canada, there are other regulations imposed on the business in order for it to keep running, such as continuing education regulations, conference attendances, technological training workshops, and so forth, that ODSP also fails to exempt. The directive only allows conferences where income is being earned. These workshops are necessary to meet the conditions of one's license. At the present time, I know of a few contractors, tradesmen, a registered nurse that practices naturpathic medicine, a self-employed counsellor, a couple of lawyers, and a trades writer, all of whom are considering quitting working altogether because of the ODSP rules restricting their businesses. ODSP needs to ask itself if it is better to keep them working, or to have them sit at home and continue to collect ODSP in perpetuity.

One of my contractor clients has been unable to break the barrier because of this, as in order to be considered credible and able to bid on large contracts, he needs to have paid help. He can't make an adequate living on "Joe jobs" like painting window sills, and installing the odd set of blinds. He needs to be able to access and utilize the labour of other workers in order to even take on larger residential jobs. Another client wants to set up a limousine company, but will run into significant difficulties if he is unable to acquire more than one vehicle for his business and to hire somebody else to do the work, when he needs a break, or wants to grow his business beyond small jobs. In particular, these regulations also apply to the non-disabled spouses of ODSP recipients. Why? What purpose does this serve? How do these regulations help the self-employed recipients or spouses of recipients earn more money, grow their businesses (thus make them a more secure source of income over time), or improve their working conditions?

Some recipients live in subsidized housing, and for these people, it is impossible to start or become involved in self-employment anyways, due to regulations in subsidized housing that irrationally prohibit this. Again, over 70% of businesses that operate outside the home (e.g. operate in a commercial office or industrial space) started in the home or in a garage. Without the chance to start, these would be entrepreneurs are not going to be working, thus setting a further precedent in terms of time spent in subsidized housing and thus increasing the wait list for others waiting to move in. For these recipients even working is severely curtailed. In a report, our own John Stapleton reported on the insanity of these regulations governing earned income and subsidized housing, when it crosses over from income from social assistance. In this case, the recipient was in supportive housing, and as she worked more, her rent went up by a ridiculous amount. She soon fell into arrears, and the only way she was able to budget was to quit her job, and stay on ODSP only. How does that help people return to the workforce?

Another issue is savings. Even if somebody on ODSP was miraculously able to work and put away some money, they are limited to a total of $5,000 in "liquid assets", meaning that if they do not qualify for the generous provisions of the Registered Disability Savings Plan, only issued to those with very severe and visible disabilities, they will retire poor.
They will rely only on government provisions for retirement, and given that most of these people live alone, they will definitely be living below the Statistics Canada poverty line. A non-disabled spouse has to drain ALL of their retirement savings in order for their disabled spouse to qualify for ODSP, and after that, cannot replenish this fund, no matter how hard they work. What good does this do? How does this help the economy? This is yet another reason why ODSP recipients cannot get into relationships.

A final issue is earnings themselves. The government was good to increase the amount of money one can keep from working by increasing the percentage of earned income one can keep, and adding a $100 work benefit to offset the small percentage of workers that would lose out on the 50% proposal alone. However, this new policy does not exempt any income. The fifty percent starts from the very first dollar earned, until the person earns enough to migrate off ODSP. For many people who accept minimum wage employment, for example, they feel they are losing, as they are bringing in what they see as less than minimum wage for every hour they work. One Conservative MPP recognized this issue, and attempted to push for an exempted earnings bracket of $500 per individual, and if that person is married, $700 (although as a Coalition, we proposed $1,000 if they still keep the benefit unit). This money would be exempt from any deductions until after they earn more than that amount, then the 50% deduction will kick in.

The province will bitch and complain about the size of their deficit. Don't let them do this, or white wash this deliberate ploy to keep people with disabilities under their thumbs. As long as they keep pouring money into tax cuts for businesses, regardless of whether they hire anybody or not, or worse yet - handing out money like they did with the auto sector, or paying for frills like eHealth, the OLG, multi-million dollar consultants, and so forth, there are NO excuses. Their existing policies and directives keep people in poverty, regardless of how hard they work, or how they try to organize their financial affairs. Normal exits from poverty such as a job or business, or moving in with a spouse, are not available to this population like it is for other people.

Yet the government has a policy on its books that ODSP recipients and beneficiaries can recieve up to $6,000 a year in gifts from "family and friends". There is a lot wrong with this. It is presumptuous: it assumes that all recipients have family members that are only itching to pour their hard-earned monies into the accounts of their loved ones on ODSP. In my experience working with ODSP recipients, I can count the number of recipients that have family that is that supportive on my left hand. Most recipients that have family at all cannot benefit from this, as their own families are also on ODSP (e.g. genetic disabilities), too old or frail themselves, or dead. Others are too far away. A few have families that have completely written them out of their lives, and fail to contact them, let alone provide "gifts". Why can't an ODSP recipient who is able and willing to earn make up this $500 per month for themselves, particularly if they are unable to access any "gifts" from family and friends?

Further, this whole "gifts" policy treats persons with disabilities as some type of charity case. Many do not want to be considered a charity case. When people come into my office to appeal their ODSP benefits, most are tearful, upset and ashamed of being required to ask for these benefits in the first place. Must we punish them some more to make them look like society's Timmy and Tammy? This is not a request to remove this provision, but to equalize earnings, or perhaps make earnings even more exempt because of the cost of obtaining these earnings. As far as I am concerned, a non-disabled spouse should be exempt - period, or at worst, exempt in terms of $500 per month per member of the benefit unit, including themselves, if they are going to be kept as part of the benefit unit ... at least that way, they are providing a "gift" from family of sorts, that should be equivalent to a gift from say, one's parents or siblings. Why is a "gift" from a parent or sibling exempt, but not exempt if it comes from a working spouse? The inconsistencies and ideologies that mount these policies are not only confusing, but unfair for many groups.

The final issue is definition of disability. This is one of the concerns that has led to rifts within the legal community about these programs. Ontario does have a fairly generous program compared to other programs in other provinces. A disability program should not require one to be "permanently unemployable" or "severely disabled", but must present proof that they have a verifiable disability that leads to substantial restrictions in a number of areas, such as working, caring for oneself, engaging in relationships, interacting in the community, etc. but not all of them. The existing definition works fine, with some cases to be reviewed in a set period of time, if it appears the disability is of a time limited nature. Others are long term, and should be subject to rapid reinstatement if a job does not work out. Restricting the definition of disability only results in more long term cases on Ontario Works, or people cycling in and out of Ontario Works without ever getting permanently back into the labour force. I know many people who are on OW for years at a time, simply because they lack a family doctor to assist them with their ODSP application, or they have unrecognized barriers. For example, an inability to drive, in itself, as long as the reason for it is medical, should be deemed a substantial restriction that should qualify one for disability benefits.

People who consider themselves fiscal conservatives will consider the cost of these proposals, and scream. However, the cost of NOT doing these things will keep people on ODSP for life, and the numbers of those with earnings will continue to remain very low. Indirectly, medical costs associated with depression, poverty, isolation and social exclusion will more than make up for what has been "saved" by keeping them on this punitive system.

Your thoughts?

Sunday, March 21, 2010

RATIFICATION OF HUMAN RIGHTS TREATY: WHAT DOES IT MEAN FOR PERSONS WITH DISABILITIES?

The Federal Government proudly announced that it was the 84th nation to ratify the International Covenant on Human Rights for Persons with Disabilities. In the same breath, they pat themselves on the back to announce how much of a leader Canada is in implementing equality provisions as cited in our Charter of Rights and Freedoms, and administratively through our Human Rights Codes. While political commentators, including this one, are pleased this was done, the plight of persons with disabilities is far from improved. In fact, many uninformed bigots continue to try to attack what few rights we have, as cited in a recent letter of mine in the local newspaper. Carol Goar acknowledges that we still have a very long way to go before people with disabilities have equal citizenship rights.

What is telling in particular are the comments that readers are allowed to contribute to any article, editorial or news items of interest to my local paper. In this paper, probably like most online newspapers, the same few seem to contribute. An individual identifying himself as "seekthetruth" and another individual that are both white males, espousing a Christian view and somehow feel that Christians are somehow under attack by human rights commissions. This is far from the truth as I am aware of Christian issues being raised in workplaces, and the rulings favouring the worker that was discriminated against due to their beliefs (such as a Jehovah's Witness' right to refuse to participate in decorating a store with Christmas decorations, and in another case, an employee denied the Holy Day off from his job to partake in his worship). As another poster stated, it is people like "seekthetruth" and people like him why we need human rights commissions. Both individuals were well-employed and never personally experienced discrimination, and at least one is enjoying a healthy retirement income. The myth that people are hired on the basis of merit has been quashed awhile back, while all the intolerant were asleep.

People with disabilities are drummed out of the workplace in many ways, which white males who are secure in their jobs, do not see or understand. Injured workers get refused a modified work position. Some are ultimately put out of a job because the worker is deemed unable to perform the essential duties of their job, so instead of trying to find alternative work for them, the person is "separated" from their job instead. They end up on welfare or if they are really lucky, Ontario Disability Support benefits, and denied even the basic tenets of the dignity of a decent job. It is not all white males that are like this, as I have represented many white males before the Human Rights Tribunal for various reasons, e.g. disability discrimination, age, sexual harassment by a female boss.

Connection to a full-time decent paying job is too often the only key to social and community participation for people. Once separated from the job, the person's self-esteem and their overall health is impacted. People with disabilities do not want to be on social assistance any more than anybody else does. Many are over-educated and well-qualified to take on work that seems to be available only to "relatives" of the boss, or to able-bodied persons that are screened in through seemingly innocuous criteria, such as a valid driver's license and a vehicle, and other potential criteria that persons with different types of disabilities cannot manage. These screening mechanisms serve to keep people out of jobs, not put them in. Then, folks question why more than half of persons with disabilities are "out of the paid labour force", or unemployed. Regardless of education level, a person with a disability does not enjoy equality to their non-disabled peers. The Canadian Association of Professional with Disabilities has formed for the purpose of promoting their members into getting into jobs they are qualified for instead of being steered by employment counselors to low-wage call centre and retail jobs.

I know many well-educated persons with disabilities who are stuck on ODSP: social workers, lawyers, former civil servants, a librarian, a forensic accountant, among many others, that employers claim they need, but refuse to look beyond their nose to seek people who may speak, move or communicate differently to join their staff and offer their many varied talents. Last summer, I sat in a circle around a food stand downtown, where I regularly met with people with disabilities: one in a wheelchair who taught martial arts as well as is a licensed social worker, another attending school for forensic psychology, and another one who was an engineer in his day ... all of whom on welfare or ODSP. Somebody needs to look at these things and take responsibility for this great loss to society.

I read an article today about older drivers. Competing interests include safety and the right to live independently. I reviewed the article in depth, and it does not say how many younger people are subject to the same removal provisions for their driver's license. It is not only a senior's issue. To me, it is fine to take somebody off the road, but you need to provide alternative transportation so the person can continue to live out their lives with relative independence. As a non-driver in Niagara, apart from work related travel, which is hugely expensive, I am house-bound. I would love to travel to my in-laws, to the beach, to Fort George, to Niagara Falls, and just hop in a car and go ... but these things taken for granted by people who drive, is another area where ignorance also plays a major role in keeping people with disabilities down.

On a group that I help run called odspfireside, I have heard from persons living on ODSP who are forcibly single because if they as much enter into a relationship with somebody else, that other person is forcibly included on ODSP, without choice. The "spouse" ends up having to work enough to support both of them, even if it means they have to work two or three jobs to keep things afloat, until the benefit unit ends up with two disabled persons, instead of just one. ODSP recipients are put under scrutiny, and treated as non-citizens through various fraud prevention initiatives, which has only led to fear and loss of integrity on the part of those entangled with what was called the "800 rules". While the focus of the report is Ontario Works, ODSP is just as much part of the suspicious trap people are placed in.

In recent days we had a positive decision concerning special diets by the Human Rights Tribunal of Ontario, stating that the 2005 amendments to it were unfair and discriminatory in many cases. In the legislature, Minister Madeleine Meilleur, who has among her different portfolios, social assistance, persons with disabilities and AODA, had mused about how expensive the program is, and has not quelled any of the rumour that the government is about to scrap it so it can cut the deficit.

Because the case came through the Human Rights Code, it is likely that many of us may attempt to press the reprisal provisions of the Code if the government considers this tactic, but these things are barely scraping the surface of all the discrimination persons with disabilities encounter, simply because they have the same desires and interests everybody else has. I found myself, if I chose to sit at home and do nothing, I am left alone, but when I wanted something, whether that be an education, a job beyond Mickey D's, transportation, the right to participate fully in the community, etc., then it was like asking for a constitutional amendment just to get what others don't even have to beg for.

I also encounter persons with disabilities that actually believe they should just play the game, accept the 800 rules of abuse, and just let things go. They would rather not fight, as they fear losing what little they have. Unfortunately, this is they attitude that they want us to have. It is easier for those doing the discriminating to continue to do so without as much of a whimper from most of the people they are attacking. It only makes it easier to push for even more cuts, perhaps even a change in the definition of disability and cuts to other benefits, as those not fighting back are allowing this to happen.

How did the gays and lesbians do it? How did the blacks do it? How did the women do it when they wanted to have the right to vote? They organized and made it bloody hard for politicians and others to continue to do business as they always have, and they cannot not notice what people with disabilities are doing ... we have to move away from the charity model to the entitlement and rights-based model, where persons with disabilities have entitlements and rights, and are equal with respect to their right to citizenship ... hell, many of us don't even vote! I fail to see how that is helpful. It is time we wake up with a more definitive and radical strategy to build out rights to the point of not only recognition, but obligation on the part of others ... the same way others and the media will not print negative things about gays, Jews, blacks, and so forth ... we need to have this discussion. We need to move ahead.

Your thoughts?

Saturday, September 5, 2009

GETTING THERE IS THREE QUARTERS OF THE WAY THERE

In the recent debate about the new Ontario Photo Card Act, it was revealed by the Minister of Transportation that four million Ontarians of driving age do not have a driver's license. To this end, there is a new enhanced Photo Card that non-drivers can obtain for identification and cross-border purposes, as an alternative to a Passport. At least somebody is thinking about this.

Unfortunately, nobody has sought to dig deeper into the problem. There are over thirteen million people living in Ontario, not all of whom are of driving age. If four million of those who are of driving age will not or cannot acquire a driver's license, we need to start asking deeper and more serious questions. The issue of identity is one issue. People that do not drive are deemed by many agencies and businesses to be non-citizens because they cannot produce the proper identification they require. These same businesses somehow feel non-drivers would somehow have a passport, but then again, non-drivers are even less likely to have one of those than any of the other forms of "acceptable identification". People who don't drive don't cross the border that often anyways, if at all. They cannot open bank accounts, pick up registered mail, identify themselves to the tax people over the counter, rent a video, etc. I had to threaten legal action at some of these places in order to access these services in the past ... but I still know some people who can't even get a bank account because they don't have a driver's license.

In Niagara Region, the powers that be have no trouble excluding members of this group, simply by ignoring their needs. They do not only use the same criteria for establishing citizenship, they deny non-drivers access to employment, recreation, access to low-cost shopping, education and other things. We are supposed to just accept that. We are supposed to accept our lot as minimum wage workers, or people who cannot access cost savings on life's necessities such as cheaper housing and discounts on the grocery bill. We are supposed to accept our lot as inferior workers, just because employers in the Niagara Region think we have no skills because we do not drive or do not have access to a car.

There are innovators here. It is not that everybody has their heads in the sand, although in my humble view, the leaders of this region do ... as most of them, like most drivers in this region, take this privilege for granted. They take the act of hopping in their car and going wherever they like in record time for granted, especially at the relative low cost per kilometer for costs. They do not even think about the fact that if they did not have the right to drive or access to their vehicle, they probably would not be holding the jobs that they do. They don't want to think about this, as it is people who don't drive who somehow "deserve" to work in the low-wage, unstable employment sector.

The message that non-drivers are low skilled or no skilled is obvious because even when the innovators act, they develop initiatives that connect more people to low-wage jobs than with middle and higher range levels of employment. The Job Bus that operated in our region until the recent bankruptcy of Opportunities Niagara connected workers in one city to another to low-wage hotel cleaning and dish washing jobs, while at the same time, the Canada Border Services Agency was seeking university educated workers to become Customs Officers at the border. No Job Bus was ever offered to take prospective workers there. Of course, anybody with skills above minimum wage has a driver's license, so we don't bother to worry about sending people to better paid and more stable employment.

The other message that non-drivers receive is that their time is worth nothing or very little when compared to that of drivers. There is some fractional inter-city transit operational within Niagara, but it takes too long to travel this way, and it is way too complicated for the average commuter to use. In order for me to travel a total of 12 km from my house to the Welland courthouse, which is about a 20 minute car ride, I have to: (a) board a city bus which is ten minutes from home (and takes twenty minutes to get downtown); (b) arrive downtown and transfer to the Brock bus (which takes another fifteen minutes to get to Brock); (c) once at Brock, sit around and wait for another twenty minutes until the Welland Transit bus arrives and transfer to it (and travel for another twenty-five to thirty minutes as it meanders across the region); and (d) arrive at Niagara College and wait another ten to fifteen minutes to get the downtown terminal bus to travel another five to ten minutes to the terminal, whereby the court is only a two minute walk. I tried it one time. With all the traveling, transferring and waiting, it took me nearly two hours to arrive to my destination, and I was in certainly no shape to do any work as I was completely exhausted! I can go to Toronto faster. The message to me from the region's fathers was that my time is worth nothing, so my efforts must be worth the same. And then, they wonder why nobody uses this route as a commuter option.

The only other option one has is taxi, which is anywhere from $60 - $70 for a round trip to the same place. Again, my money and time is worth nothing and I am certainly not welcome in some parts of the Region unless I pay to join the "club". I know of no driver that pays $60 - $70 for ONE trip back and forth between a single city within the Niagara Region. If this were the case, there would be a Third World War for sure, and maybe there should be ... as why should I be treated as an inferior entity simply because I do not drive and worse so, because of a disability? The most my colleagues pay to hop in their cars and take that trip to Welland is perhaps five to seven dollars, including parking. How does that make me even nearly competitive, if I actually charged for travel time (which I don't and I am forced to swallow)?

That means my colleagues that do the same work I do can take on almost twice as much work as I can for less cost. It is no small wonder that they have staff of their own, live in nice houses and most will retire with more than nothing.

One such person with an attitude commented on whether or not I should determine whether it would be worth it to remain in business. Okay, maybe that same person can point to me other job opportunities that exist within the Region where one is not required to have a driver's license and a vehicle and pays well enough for me to consider it worth my time and expense going to post-secondary education and other senior work experience I had prior to losing my license. There are many job boards if one wants to find work in Niagara Region. There is the HRDC Job Bank, the Job Gym, various company sites, public service site (although few of those jobs are for people living in Niagara), and the various classified ads. There is also word of mouth, but people who don't drive can't get to the events where word of mouth job information is shared.

Anybody reading this can certainly check this out for themselves. Almost every job that appears available to non-drivers is minimum wage or slightly above it, requires little to no skill at all (so why bother graduating high school if I wanted to work at any of these places) and usually has minimum to no benefits. My husband was given one of those jobs. It lasted exactly three days, not because my husband is a poor worker, but because they were looking for somebody to sell whatever it was they were selling to people that obviously do not want to buy. There are "good jobs" available, but they are usually only for those of upper middle to upper class standing in Niagara Region, as they usually ask for at least five to ten years experience doing the exact same thing elsewhere, or they want you to have a license and a car. Some of these jobs may not specify this, but they say they want you to work all shifts, which means you will be spending half your salary on cab fare to get either to the job or home, or the job is located in another community that you can't get to unless you have a car.

I had interviews for some of the "good jobs" I referred to above, some of them paying close to or even more than I used to make when I did drive. Unfortunately, they did not accommodate people that do not drive, even if the candidate can do everything else on the job. If you try to tell them how you can do the job without having to drive or own a car (and there are many workarounds for this), they just hire the next person that does drive, even if they have less experience or qualifications than you do. One has to live this in order to understand this.

I knew a PHd that spent five years on Ontario Works unable to find a decent job, until he came into some money through an inheritance after his father died. He naturally purchased a vehicle and within two to three weeks, he was employed. I know several other individuals who are professionals, such as teachers, social workers or technicians, that currently sit on Ontario Works or even Ontario Disability Support Program whose disabilities prevent them from driving, but not from working ... and they are punished for being in that position. They cannot earn and save enough money to escape from this area to go elsewhere where their skills would be wanted and appreciated, while at the same time this region does not want them if they cannot get behind the wheel of a vehicle to contribute to the increasing smog problem of the area. I actually count the number of vehicles that pass on busy streets with only the drivers in them, and vehicles of this type comprise over ninety percent of the traffic that is pumping out smog for me to breathe and pay for, while there is considerably more car-pooling, taxi and transit use in other communities I worked in.

My theories were confirmed when I spoke to some key people in Niagara Region, most of whom were employers themselves, or worked in human resources departments. In a non-consequential survey (and completed anonymously over the telephone), I asked the employer respondents if they ever considered a man or a woman for a job in their company that did not drive ... and if this was an issue at the interview, what did that person think was the reason these people did not drive ... For males, it was thought that if they did not drive or own a car, it was believed they likely lost their license as a result of drinking and driving or some related offense. For women in the same position, it was assumed they didn't really have to work and that they had a husband that was a primary earner and they did not really have a lot of skills, and sought basically low-skilled work. When asking if they would consider hiring a non-driver, most of these employers felt that having a driver's license was "necessary" for the job, when in fact a job analysis revealed most jobs could be done without a driver's license.

When I ask others who worked with people with disabilities or those who were unemployed, I learned that in one survey 93% of those who used the generic employment agency in Niagara (Employment Help Centre, September 2008) did not have both a driver's license and a car. Those familiar with people with disabilities know that transportation is a barrier, but unfortunately nobody does anything about it around here, and too many of these workers leave it up to the job seeker to negotiated these accommodations, which nine times out of ten doesn't work.

I can understand not hiring somebody without a driver's license for a job as a cab driver, a delivery person, a limousine chauffeur, a bus driver or even a residential contractor (that must provide their own tools). However, when I speak to people that do not drive, they are not applying for these jobs ... they are applying for jobs in offices, in stores, on computers, etc. that require skills that do not include chauffeuring people or goods to different places. They are still excluded. As far as I am concerned, if a person is working as a support worker, a social worker, employment counselor, therapist, or any other "people job", if somebody needs to be driven somewhere, there are plenty of taxi services available in the community which would cost less than paying a staff person at unionized wages to do this.

While not having access to most jobs is a major problem for non-drivers, governments at all levels at the same time do not mind extracting money from non-drivers for taxes to pay for highway expansions, road repairs, traffic conversions, parking lots, GM bailouts, and the list goes on ... and private retailers don't mind hiking the prices for drivers and non-drivers alike for the privileges only enjoyed by drivers for "free parking" at their premises. In one letter to the editor of the St. Catharines Standard, one of our frustrated taxpayer activists provided some useful information, as follows (Wednesday, September 2, 2009):

City spending and taxes are not 'moderate'

There is no end in sight to increased taxes with approval of the City of St. Catharines 2009 capital budget.

Unfortunately, 2008 financial performance results are still not published and we are almost through 2009 so we must rely on 2007 data that are available from the BMA survey of 87 regions/cities representing 85 per cent of this province's population.

In St. Catharines, the tax levy per $100,000 assessment is $1,615, 26 per cent higher than the survey average of $1,282.

The tax on an average bungalow in St. Catharines is $3,257, 16 per cent higher than the survey average of $2,819.

An average "executive" residence in St. Catharines pays $5,410 in taxes, compared to the survey average of $5,184 -- we are four per cent higher.

Why?

Look at our spending per capita.

We pay $145 for fire services, compared to $113 average. Cost of roads is $8,784 compared to $2,161.

Transit costs are $10; the average is $57.

Cultural enterprises cost $17, $6 more than the average.

Regional police costs $255 compared to $202.

Region roads: $1,407 to the average of $1,127.

Debt charges as a percentage of total expenditures is 6.5 per cent; the survey average is 4.1 per cent.

The average debt per capita is $608 and ours is $691 or 14 per cent higher.

The controller may claim our debt is moderate, but city spending is not and neither are our taxes.

Dave Bedwell St. Catharines

Pay attention to what this gentleman just said: The cost of roads (per capita) is $8,784, compared to the average municipality as $2,161. The regional road cost is $1,407 compared to an average of $1,127. and the cost of transit is $10, when the average is $57. In other words, Niagara cares only about drivers and certainly less about transit users. Their excuse is that "nobody uses transit", but the truth of the matter is if it was offered in a convenient and accessible format, people would ... people don't use transit like the convoluted commuter route I described above because it is too time-consuming, complicated and exhausting. I had a discussion with one woman a couple of weeks ago that didn't want to see "her tax dollars" to to get "five people back and forth to Welland". I just said none of those five people want to continue to subsidize her access to the roads either. It might well be nigh to see more non-drivers speak up and force the issue into the courts perhaps, as to why we are paying all this money to prop up people that drive, while people that drive pay little or nothing towards those of us that need another way to get around. Maybe malls should stop subsidizing drivers as well by making me and other non-drivers pay more for our grocery and other consumer items we buy there. It might well be nigh that non-drivers stop shopping at these stores in droves until they lower their prices and start making drivers pay for their own damn parking!

Niagara can also be considered an ableist and ageist society, as it is generally disabled and very young adults or older adults that are the least likely to drive. I read one study one time that estimate approximately 50% of people with disabilities did not drive. Older people tend to give up on their licenses as they begin to lose their reflexes or visual acuity, but do they have less rights to access visits to family, recreational and shopping facilities than those that do drive? Do they have to be now put in nursing homes because they can no longer get around and do these things for themselves cost-effectively? Try to tell THEM that and see what they say. How about people with disabilities? Almost all of them want to live independently. They do not want some damned charity to send volunteers to pick them up and drop them off places. They want to find and catch a bus to go wherever they want within reason and within a reasonable period of time and as few transfers as possible.

How about if somebody passed a law and said that drivers will only have access to the road between the hours of 7:00 a.m. and 6:00 p.m. but only on a half hourly basis and after six, on an hourly basis only? If you have to go somewhere in between, you have to wait until the roads re-open an hour later. What if drivers were told they were not allowed to go to certain communities because there were no usable roads in and out? They would be stamping their feet, throwing a fit and complaining about how much taxes they pay and why can't THEY get the service they pay for? How about non-drivers who pay the SAME taxes, but are getting LITTLE to NO service for what they pay?

I personally don't think transit options will improve until somebody important in Niagara loses their license due to disability or medical reasons and then finds themselves unable to do their job because of lack of transportation. I don't wish ill on people, but sometimes it might take personal experience with this form of discrimination before anything changes here and people start to realize they need to stop propping up General Motors and other aspects of the auto industry and just start to consider various ways of getting around so everybody can access the community and all the jobs it supposedly has to offer. Until then, this current recession will NEVER end for people with disabilities and for others that don't drive either for medical or financial reasons.

Your thoughts?