BRIGHTER PROSPECTS FOR WHOM?

There is no comfort when a stubborn recession hangs through the clouds, as I walk about this region.  As I walk about this city, the familiar faces straggle about the street corners, the Tim Horton's and the bank machines.  On average, I am asked for change or for a couple of bucks three or four times each time I do walk this walk.  These walks are becoming more dreary lately.  While our city is admittedly trying to spruce up the downtown, one cannot help but notice the developing contrasts, potential for gentrification of housing developments, even in the downtown, which has already been identified as one of the many "priority" neighbourhoods in the Niagara Region.

My walk to my office as I start out each morning reflects more of the same old, same old ... and less of the hopeful prospects our politicians always want to get us to see.  It is not that the presence of the 1% in this region goes without being noticed.  I walk by places like Critelli's Furniture, which is located on the same strip of land and asphalt that includes many of our homeless and destitute and persons soliciting pocket change. Critelli's sells good quality furniture for thousands of dollars apiece. I note the quality is good, but who can pay $3,000 - $4,000 for one chair, $750 for a drink table to set beside a recliner or $2,000 for a mirror? Even many of my colleagues can't put out that much money at a shot for that kind of purchase!  For most, even one of these items cost more than they earn in a month!  In my mind, I ask who among the 1% would dare walk downtown to visit a place like this to buy this kind of furniture, while just outside their windows, the problems and miscreants of our society await. Across from Critelli's, there are two Japanese restaurants side by side, literally in direct competition with one another. I have friends that are laying bets wondering if they are both owned by the same company.  We also flip coins to see which one will outlast the other, which seems to be a major sport in the downtown area these days.  Betting any business will last beyond the year is risky.

The downtown corner where Tim Horton's is almost always occupied by people standing around smoking cigarettes and chattering, while across the street, a private college lets its students out at noon and at four thirty each day like clockwork.  I wonder mildly how many of those students going to that career college will find a job in their field after they graduate.  Maybe the concern these days is putting bums in seats, and not so much caring about how people will move on from there. How come I feel that we should care?  Life in the downtown is rather predictable.  I can almost tell what is going to happen before I even get there.  Once I am off the bus and start walking toward my office, I pass the building where the Landlord and Tenant Board holds its hearings, and dozens of people are evicted every time this takes place.  I have spent many mornings and afternoons in those hearing rooms, trying to bring reality to the minds of the adjudicators, trying to arrange deals for people that may be able to get a good start on paying their rent on time for now on, or enforcing orders for those that won't.

With all of my cognitive deficits imposed on me from various health issues, I sometimes have trouble reading faces, but I do know names.  Everybody represents a phase of my life, sometimes I yearn to return to, but cannot as everything I am involved with is just a phase.  I was once a big part of Occupy Niagara, which has sort of fizzled out.  I was involved in various environmental movements, meetings around transit issues, and various workshops on climate change, as well as recent gatherings about the social assistance reform.  In the past, I also participated in economic development activities and advocated for the small businesses in the area, as I don't see too many of them faring much better than those I witness begging for coins. I even had a hand in organizing a demonstration or two, which I might try to do once again if our provincial government insists on going the way of downloading administration of disability allowances to the region (which would be an unmitigated disaster in many ways).  People are silently suffering and crying out for change, though they can no longer mouth the words, as our voice has been squashed by the powers that be, imposing fear and anxiety as opposed to assurances and hope for a bright future ahead of us.

Brighter Prospects, the oxymoronic name for the recently released report on social assistance reform, tries to paint its recommendations as betterment for the masses, while I can't see this after reading the fine print.  I am trained to read the fine print and paid to do so by many of my clients - individuals and businesses alike, and being in the profession I am in, I don't see "brighter prospects" for anybody in this report.  I am asked almost daily and sometimes multiple times each day what is going to happen to "us", and by "us" the asker is referring to people who are on the Ontario Disability Support Program (ODSP). These are people who I successfully appealed their benefits claim, who I represented at the provincial offences court, or even on a charge of assault or trespassing in the Ontario Court of Justice.  They see me as part of "us" because I speak for those that cannot speak for themselves, or are afraid to.  I also speak for small and medium sized business and try to believe that hard work will get "us" somewhere as well, although I sometimes begin to doubt that as well.  I see us all as both sides of the same coin, all of us affected by the economy, the current endless recession and the increasing plight of bad attitudes all over.

Our government is almost positioning this report as the panacea for the misery all around us, when indeed it feeds it and ignores the travesty of legislated poverty, the globalization of labour and the balkanization of all of our voices alike.  The report was not written with poverty reduction in mind, but instead was written to appease those that want to see the deficit trimmed, as if the poor were recently treated to some big party of massive spending and now we need to retreat. The Commission that produced Brighter Prospects did not get the memo that the poor are not responsible for this deficit, nor do they care.  All they want is a home, a job and a friend, which Brighter Prospects offers none of this.  Of course, it is not a problem to make cuts, when you are not the one that is affected, or not the one that gets to see the consequences of them.  I don't think "Brighter Prospects" is going to make my daily trek to the office and around to the coffee shop any more pleasant; in fact, I will see exactly what I know is going to happen to "us" as the people around me are currently asking - I can only see things get worse.

Brighter Prospects is about putting people with disabilities back on welfare in some misguided attempt to erase the stigma against people on Ontario Works, which many of my detractors like to bash and punish simply for having bad luck and not accepting their just desserts while they fell. Adding a whole new group of people to this "undeserving" bunch is not going to make the whole bunch look to be less criminal to the ignorant populace, but is simply going to add people with disabilities to this very misunderstood category of people, who will only become further legislated into poverty.  There is not one recommendation in Brighter Prospects that frees people from this legislative trap. It is not going to put more people into jobs, because evidence shows that time and time again, when people are forced to look for and accept jobs that don't exist, they are not likely to leave Ontario Works or any other program.  When other media reports point out the growing number of young people, older people and others who have no disabilities or minimal barriers, or even have a great education, who are not getting hired, who in their right mind believes that employers will suddenly wake up and hire people off the social assistance rolls?

I recall discussions with many of the employers I have been retained by in my legal office, as well as those I have consulted with while I was part of the Employment Standards Development Committee, as part of the implementation of the Accessibility for Ontarians with Disabilities Act.  After they got over the fact that I do not have three heads and get around to finally asking what the AODA actually is, they tell me they simply will not hire anybody who has been on assistance, yet at the same time some have told me that they should just "get a job".  I often wondered if this employer in front of me is not going to hire anybody like this, who will?  I guess this is going to take a lot of time to change people's minds.  I am quite aware of the struggle of the small business owners in my region.  They need people who will help them fulfill their business goals and who are reliable. I concur. I take issue and frequently point out boarded up storefronts along the downtown streets, or large offices that have moved out of the downtown region, often to locales that are difficult to reach by transit.  It is clear that some employers know who they want working for them, and it is not "us" as my friends refer to themselves.  I then turn to the government to ask them how they are going to force employers to take on members of the OW and ODSP community and give them lasting jobs to help them get off the system.  I know forcing them is not the answer, but ...

... another call for consultations takes place and we are all back in Toronto to communicate with one another, sector to sector, to answer these kinds of questions.  I am at these meetings, where many large employers, business associations, employment service providers, municipal managers, as well as people like me, are set up in round tables to talk to one another about what the answers should be.  I speak for the small businesses that can't possibly be there who need support, who need to know what they have to do and not have it cost them a whole lot.  I am there for those with disabilities that have the skills and want to work, to explain how to close that disconnect which seems to be in the wind whenever we go to these roundtables. The whole issue of putting people to work seems to be the non sequiter, but government policy types want to know the HOW.  I always want to explore the reasons WHY first, then the IF, and then the HOW, for those for whom it can work, but we cannot assume that no matter how well meaning we all are (and I have no doubts that all of us around those tables is well meaning), that more than two percent of people will ever work themselves off ODSP, particularly with the rules they currently have and the government refuses to change.

Brighter Prospects has made a big deal about letting "social assistance recipients" keep an extra $200 a month before their working income gets clawed back at a rate that already far exceeds the average taxation level of even the wealthiest millionaires.  If our government suddenly announced that it will tax millionaires at the rate of eighty five percent of all income they receive, chances are they will balk and try to move to other locales that will not tax them so heavily for their "efforts".  So, why is it any different for poor people?  We are no more motivated to work when our income gets cut to the bone than anybody else, so using this strategy over and over again and expecting different results is insane.

I worry a lot about this region.  I don't see a lot of opportunities coming in for "us", as my friends refer to the group of people with traditional difficulties fitting in.  It will still be a recession for a long, long time for them, even if the economy turns around in Ontario and even Niagara is booming again.  While Niagara booming will be great for my small businesses, I still want the connect that is needed to make it work for those that haven't yet experienced the possibility of prosperity.  People with disabilities are promised things will be better when the economy turns around and when it does, nothing ever changes.  When the economy flounders, they are told they have to sacrifice even more to help pay off a debt they had no part of.  If the authors and promoters of Brighter Prospects really want to make things different, they should join me someday, as I get off the bus and walk my way to my office and join me as I meet with my people, and speak to others over the telephone.  They should walk with me as I meet with too many people who month over month seem to get their cheques put on hold by the region's OW office, the same office that wants to take over ODSP cases so the same abuse can be done to this group as well.

Once again I ask, Brighter Prospects for whom?

AMONG THE INVISIBLE ...

One day on the bus heading downtown, I met a man who appeared to be in his forties, and clean shaven. He was carrying a small briefcase and a local newspaper. We started to talk, and he was able to intelligently discuss the news, the politics of the day, and issues of tomorrow. When I asked the man what he did for a living, he told me he was on the Ontario Disability Support Program. One would not know this, unless he told you. I can only assume his disability is invisible and probably creates barriers that nobody can see, and are usually unaddressed by legislation like the Accessibility for Ontarians with Disabilities Act. He may or may not be able to work, but one would guess that he would not dare venture to explain his disability to an employer, fearing instant judgment even if he could benefit from some type of accommodation.

I also know people in the region who have disabilities that people can see. They use wheelchairs to get around, work with seeing eye dogs or wear hearing aids. They can acquire 'disability' aids from the Assistive Devices Program (ADP), and if they are on ODSP, they can get the 25% balance paid by them. That is a good thing, and there is no argument or reasoning to put a stop to this, as people need what they need to function and to participate in society, regardless of their disability. This is the same with respect to the Disability Tax Credit. At one point, of no value to people that earned little or no taxable income, the Disability Tax Credit is now the gateway to the Registered Disability Savings Plan (RDSP). This Plan is set up primarily for children and young adults that have family able and willing to contribute, and whose disability qualifies them for the Disability Tax Credit. Unfortunately, those with invisible disabilities cannot qualify for the Disability Tax Credit without almost pleading themselves incapable of living independently and making their own decisions. This applies to some people with invisible disabilities, but people with visible disabilities who could live independently, are mentally competent and even hold high level jobs, can qualify for the Disability Tax Credit.

More than 80% of the people on the Ontario Disability Support Program, or ODSP, have disabilities that are invisible, whether that be mental health issues, learning disabilities, epilepsy, intellectual disabilities, brain injuries, among many more. Most of these people, particularly if their disability is episodic, do not qualify for the Disability Tax Credit. Therefore, even if they had supportive family and a good environment around them, they cannot save for their own retirement, which is doomed unless the person wins a lottery after they turn sixty five. These people will be forced to rely solely on public pensions, or "seniors' welfare", which does not equal the poverty line anymore than ODSP makes it to the poverty line. Henceforth, after sixty-five, an ODSP recipient loses many benefits, such as dental benefits, eyeglasses, full ADP coverage, among other assorted health needs that one can argue people might need even more AFTER they turn sixty five.

At the present time, the only ODSP recipients that will be able to enjoy any kind of retirement at all are those that qualify for the Disability Tax Credit due to a largely visible disability, have family or others that are able and willing to contribute to the RDSP pot, and were young enough to receive the benefit for enough years to make it worthwhile when it started. Others applying for ODSP, including spouses, have to drain all of their retirement savings, as well as any other "rainy day" funds down to a bare minimum, and forget about ever retiring out of poverty. I can't say what percentage this would be, but I would estimate about twenty percent at the outset would benefit from the Disability Tax Credit. It is no small wonder many financial writers say that this tax credit is "under-subscribed" - it is not under-subscribed, but its eligibility criteria is so restrictive that only a minority of people with disabilities are eligible.

Even for people who are not on ODSP, but would like tax relief of this type. After all, you don't have to have only the stated restrictions to have added costs due to your disabilities. If you were a teacher, for example, with bipolar disorder, or a registered nurse with a mild form of schizophrenia, you might not even WANT to try to make yourself eligible, as your professional body might begin to investigate your competence to practice in your area, because in order to declare the tax relief for a mental disability, you have to be incapable or only able to do with help or very slowly, a number of mental functions, even if you can competently handle other functions. For example, if you are unable to balance your cheque book, you can forget about your career as an accountant, or if you have difficulties making decisions, you can forget about your career as a nurse. Yet, if your disability left you in a wheelchair or visually impaired, while these limits are definitely difficult to live with, you can still be a lawyer, a company CEO, a nurse, an accountant, or whatever, given specific software and other accommodations available to you, and get your tax credit and an RDSP. This makes many persons with disabilities reluctant to apply, which means that this benefit becomes under-subscribed, as visible disabilities are probably only about 10% of all disabilities that are possible.

In various groups I worked with, it is difficult to work with a lot of the individuals involved. When one of the groups I met with discussed the social assistance review, those with highly visible disabilities felt that only they should receive the higher amount of income support, because after all, they have "higher disability costs" than say, somebody who has a mental health issue. I dispute that, but this is an impression that many people have. I also met people who have various invisible disabilities, such as multiple chemical sensitivity, chronic fatigue syndrome, narcolepsy, migraine syndrome, post-stroke recovery, certain types of brain injury, and related disabilities, that may leave one not markedly restricted from any of the activities on the disability tax credit list, but they certainly do have major disability related costs. Persons with multiple chemical sensitivities often cannot do their own shopping or yard work because of the smells, the released fragrances of various products in the store, that even if they are not buying the products, they are nevertheless exposed. Chronic fatigue sufferers vary in their needs, but living alone, they may not be able to prepare their own meals, keep their homes clean, or even drive. If one lives where there is poor transit, they can spend hundreds even thousands of dollars on taxis or paying others to drive them, or do work for them. They cannot recover most of these costs, and therefore, many do not expend it if they cannot afford the upfront costs.

Living with an invisible disability has many effects on a person. Because the disability cannot be seen by others, unless the other person is either also disabled in a similar way, or a loved one is, they feel misunderstood and their problems and issues minimized by their community. In the past, when I employed staff for projects I was involved in, I tried to understand invisible disabilities, as well as the more obvious ones. This is something that is difficult to do, even for somebody like myself, as the person needs to disclose to me first. In one case, the person was frequently late for work, appeared sluggish sometimes during the day, and at times, rushed to complete projects at the last minute. He did good work, but these limits concerned me. Instead of applying disciplinary measures, which I had every right to, as the lateness was almost everyday, I asked him to tell me what he needs to help him do his job better. I told him I didn't want to see him rushing everything at the last minute; was there something I can do for him? He disclosed a number of issues, including narcolepsy, migraine syndrome, and other similar health issues. I asked him to tell me what makes him feel better. I learned that a half hour rest during the day, and flexible hours to meet deadlines would work. Once I applied that, his work was excellent and high quality.

Unfortunately, most other employers during that time frame in my life would only take the hard line about the lateness and the sluggish performance, and wonder if there were other problems, usually of a social nature and not disability-related. Over time, as I became more experienced in managing people, I accommodated persons who had care giving responsibilities, daycare needs, as well as those with other kinds of problems, such as English not being their first language. All of these people turned out to be excellent employees, and performed well when accommodated and understood. The accommodations were provided privately, and in a flexible manner, so that the person's privacy was respected, while at the same time, results were still expected. In one program I ran, there was a large outreach component to it, when it was funded. One of my staff was visually impaired, while I had others that were able to drive. Prior to the outreach role, the visually impaired person spoke to people on the phone, used the computer to type reports and simple correspondence, as well as counseled people in the office. She wanted to do outreach work. Given that Niagara has poor public transit, especially between communities, I had the two other staff persons do outreach outside of the head office's city, and I allowed the visually impaired person to conduct outreach within my city, using public transit to set up meetings, and organize sessions with stakeholders. She did well, and I was able to increase her work hours as well, which she wanted.

When a person with an invisible disability is not accommodated, it impacts on them psychologically. They begin to notice their disability more, and how it makes them different and less than, as opposed to just needing another work around. They can become very discouraged and become less motivated to try new things. Many will not even apply for jobs that appear to be not open to them. Employers need to learn about what is actually required in a job, not just what is nice or how a job is typically carried out. An outreach worker for my earlier project would typically drive to the various locations of the meetings we set up, and meet with people in their homes, or in public places, such as a Tim Horton's. In my mind, all I needed was an outreach worker that knew how to use public transit, and was fairly mobile in terms of using it, and can handle the "people aspects" of this job. For the person with narcolepsy and migraines, he would not have been able to carry out a full work day, if I had not found a quiet place he could lay down for about a half hour a day. Given that rest period, he was as productive as everybody else.

Most jobs can be restructured or accommodated if an employer knew how to think outside of the box. These accommodations did not cost my company very much, nor did others actually notice any impact on their own workloads as a result of my ability and willingness to accommodate the needs of these very capable people. If employers continue to not think outside the box, more and more people will be unable to work for them, or won't even bother applying for the job. I live in a region where almost every job, even office jobs, require candidates to have their own driver's license and vehicle. Why? If I was the employer, there would actually be very few jobs that would require these qualifications, even in a region like my own. If a person needed to travel sometimes outside of the office, I would instead put, "job involves some travel throughout the region for meetings and presentations". Whether the person conducted themselves to these meetings by personal vehicle, by bike, by bus or even by chauffeur, that is not my concern ... my concern is can they function at these meetings and carry out these presentations? The only jobs I would require a driver's license and personal vehicle are for jobs in which they are required to drive, such as bus drivers, taxi drivers, couriers, delivery people, limo drivers, etc.

The same would apply to many other "qualifications", such as ability to type. What if the person was unable to type, but were quadriplegic? There are computer programs that would allow that person to do exactly what I am doing now. My question would not be, "Can you type?", but "Can you use any kind of computer or other device to produce documents, reports or letters, etc.?" (if that was part of their job). If these things are so common sense to me, how come other people in charge of human resources and employment haven't caught up yet?

We have to move forward and away from "old school thinking". We have to see jobs in terms of what you need as a result or required outcome, not a process or typical means of completing the job. I hear all the time from people with disabilities, both visible and invisible, about how they wish they can work, or wish they can even volunteer for somebody, but employers and agencies don't even think beyond first base; that is, they don't consider that people need different ways of coming into their building, as well as accessing all the necessary amenities within it. Just as I would never dream of leasing an office in a multi-story building without an elevator and doors wide enough to admit even powerchairs, employers should be thinking the same way. If a visually impaired person applied for a job at my office, and they seemed to be the best candidate, I would certainly endeavour to learn how my computers can work with that person, such as what software, what website design styles, etc. would work the best for them. I would even think of how a phone can be designed for that person's use as well. These things are not that expensive, and if all employers, all facility managers, all service providers and others, considered the importance of these things, there would be less of a need for ODSP and more of a meaningful and rich life for millions of people with disabilities of all kinds.

And back onto the topic of the Disability Tax Credit, wouldn't it be wonderful if the tax credit actually related to YOUR true costs of your disability, and not just some imagined or conjured set of restrictions that appear to leave many people out, and as a result, substantially disadvantaged when other programs become tied to it?

Your thoughts?

ACCESSIBILITY IS MORE THAN A RAMP!

In 2005, Ontario passed its Accessibility for Ontarians with Disabilities Act (AODA), or Bill 118. The intent of the legislation is to bring Ontario to a state of full accessibility for all persons with disabilities in Ontario by the year 2025. Accessibility and measurements toward the same are intended to be taken in five year increments, with barriers that are easier to remove to be removed immediately, while other barriers make take more time for removal. For example, it is much easier to legislate that transit operators call out all stops to assist riders with visual impairments than it would be to make all of Toronto's subway stations fully accessible and barrier-free. While both of these issues will be law either today or at some point in the future, the AODA is moving things along to make Ontario an accessible province. In order to implement the Act, the Ontario Government is setting up a number of Standards Development Committees, recently which were strengthened with an increased 50% presence of persons with disabilities to participate as voting members. Each Standards Development Committee is supported by a group of expert advisors, as well as Ministry staff and members of the main Accessibility Standards Advisory Committee that is in place to advise the Minister, who is currently Madeleine Meullieur who also holds the position of Minister of Community and Social Services.

Standards Development Committees currently exist in five social areas: customer service, information & communications, transportation, built environment and employment. Each Standards Development Committee works within its own context, as well as works with other committees to coordinate the development of accessibility standards for Ontario. This is a very interesting and consultative public process, whereas at the end of the day, ordinary people from all walks of life with a strong component of persons with disabilities will be making law for businesses, transportation services, municipalities, public services, employers and others that interact in any way with Ontarians that have any kind of disability. The definition of disability is the same definition that is currently applied by the Ontario Human Rights Commission.

In general, I feel this is something that is being done right in many ways. It is hoped by disability advocates, persons with disabilities and the organizations that serve them that at the end of the day, the new laws will be as broad and encompassing as existing court-made law and human rights law, using the same tests from leading cases and Tribunal rulings in a variety of matters. It is an exciting process, but because it is new - no government in the Western world has tried to achieve the same result as intended by the AODA ... so there will be speed bumps along the way. For me, the important thing is to maintain that key communication and consultation vehicle with persons with disabilities, not just organizations but *any* person with a disability that wants to be heard. It is also very important to ensure that input from persons with a variety of disabilities encompassing the full range of disabilities outlined by the Human Rights Code are heard. One of the issues I often encounter when dealing with municipal accessibility advisory committees (which are mandated under the Act for any community with a population of 10,000 people or more) is that the focus tends to be on physical access, but not the broader issues of accessibility that the provincial standards development committees are attempting to work on.

Niagara Region - for example - has not taken a broader approach in its definition, selection and application of setting accessibility guidelines and action plans for the municipalities affected. This is by no means a criticism, but it is something that takes considerable forethought and awareness in order to determine what the broader accessibility issues are. One of the main issues I have with respect to Niagara's determination process is that it fails to include a number of real barriers that truly hinder a significant number of persons with disabilities from fully participating and enjoying full citizenship. Transportation is believed to be only a barrier for persons with severe mobility disabilities that must be transported to medical appointments, then recently as an afterthought, trip purposes for employment and educational purposes were added. However, their eligibility criteria remains strict and tends to utilize an unworkable definition as to who is and who is not eligible. In short, if you want to become eligible for Niagara's specialized inter-municipal transit service, you have to be unable to walk so many metres (as believed to be the average distance between bus stops) or to board a regular bus (even those with a lift). When Niagara Region does not have a regular or conventional transit service to which to compare in order to determine such eligibility on this criteria, it finds itself in conflict with most accessibility and human rights standards I am aware of ... because to me, accessibility ALSO means AVAILABILITY.

Niagara Region is the only incorporated regional municipality in Ontario that does not have its own inter-municipal transit service. I have copies of over twenty reports written over the past thirty-five years that indicate that such an inter-municipal transit service is not only a good idea, but a necessity for the Region. But let's look at access for persons with disabilities first, which also affects other kinds of access as well which are also important. Most persons with disabilities are NOT eligible for the specialized service. From my last read, there were just over 700 regular users of the service, when during the 2005 AODA or Bill 118 Hearings, we learnt that over 50,000 to 60,000 persons in the region live with at least one disabling condition. In addition to the reports, I also have anecdotal proposals and initial evaluation reports of what has become known as the Niagara Job Bus. While certainly not a long-term solution by any stretch of the imagination, the Job Bus has led to significant enough numbers of people being removed from the welfare rolls ... it more than paid for itself. These evaluations were only based on the results of service to two communities, Fort Erie and Port Colborne. I don't know which vehicles are being used for the Job Bus and if such vehicles are accessible, i. e. have a lift and space within to secure a wheelchair or scooter. This is certainly an important consideration, but the long term goal should be a fully accessible, available, convenient and affordable inter-municipal transit service that serves all of Niagara's twelve municipalities, perhaps starting with its biggest four, then expanding west until all communities are involved.

The problem with Niagara's specialized transit service is that although they are now permitting trips for employment or educational purposes, I don't sense there will be a lot of uptake with its current clients. There may be a few, but an expansion of the eligibility criteria or better yet - a conventional service that serves everybody, augmented by the specialized service for those that cannot use the broader conventional system, will benefit almost all people with disabilities (and others). The definitions for employment and education for those reliant on the specialized service are also relatively stringent, leaving it difficult for somebody who works out of more than one location or may only need to travel out of town once or twice a week, for example, to be eligible for those trips. People with disabilities do not fit any mold, despite our broader society trying to impose the same.

What happens to persons with disabilities that are not eligible for the specialized transit service? It has actually been stated that they were supposed to rely on the mythical "family and friends" that are always supposed to step in to help, or use taxis. If the person is on Ontario Disability Support Program assistance, they can use a taxi and direct bill it to O.D.S.P. if the trip is a pre-approved medical trip. However, those same people cannot direct bill O.D.S.P. or anybody else if the trip is for any other purpose, such as school or employment. It is even more difficult for people who are self-employed and have a disability in Niagara. Because most businesses involve some commute from one part of the region to another, it is difficult for the disabled entrepreneur to function without having a driver's license and a vehicle. It is true that some businesses can be designed so that clients and customers come to them or the person can telecommute and work online, but this is not the majority. It assumes that ALL of the disabled entrepreneur's customers are mobile themselves and can get to the disabled person's home or work site to receive service or that all work can be done online. In my practice, about 80% of my clients can probably come to my office, but I have to visit them about 10 - 20% of the time in order to deliver service and without a vehicle, this is very costly for me. Also, because Niagara Region has implored itself to divide into north and south, we serve two judicial districts meaning there is no transportation available for myself or any of my clients to travel from one judicial district to the other unless they had a vehicle.

There are thousands of people in the Niagara Region who for disability reasons alone cannot drive a vehicle. The reasons may be temporary or permanent and they vary from person to person as to what the condition is and why the license has been suspended. Thousands more have been advised or cautioned by their physicians not to drive due to disability or medical conditions or have self-excluded as a result of a variety of issues, such as side effects of medication or chronic pain. Most of these individuals who have been suspended or cautioned do not have mobility impairments that would make them eligible for the Niagara Specialized Transit service. Many are blind which in itself does not make one eligible. Others are simply aged and experiencing the first stages of a dementia whereby they may not be able to navigate transportation services, even if they were available. These people are also not eligible. Others may have mental health or chronic pain difficulties that result in the need for sedating medications that interfere with sleep and can make it hazardous to drive. Some are suspended and some are simply cautioned. Niagara's physicians tend to prefer cautioning as opposed to outright suspension because they are well aware of Niagara's poor transportation system and are only likely to report if the health condition deems the patient a safety risk, although many of my clients will argue with that one ;-)

Add to this the obvious barrier that many persons with disabilities face with poverty, even if they have no driving restrictions. According to CAA, it costs over $7,800 a year on average to own and maintain a vehicle. Low-income people often drive vehicles that are in poor condition that require expensive repairs and may be off the road for lengthy periods. If they seek financing at all, they are unlikely to find financing at favourable rates and many are stuck into high short-term leases. Many low-income drivers that I know do not have insurance and many of them are driving under suspension for unpaid fines. These circumstances are for the "lucky" ones that can afford to keep a vehicle at all. Most people on O.D.S.P. or Ontario Works cannot afford to own a vehicle at all. Many can't even afford bus fare to get around in their own communities, although some employment programs (but not all) do cover bus fare for short periods of time. Therefore, accessibility concerns must also include availability as a key requirement.

In terms of employment, people with disabilities do not do very well either. As a whole, twice as many persons with disabilities are not working than persons without disabilities. About half of the persons with disabilities recently surveyed for the PALS Survey are "out of the labour force". While there was not a lot of detail provided as to why there are a substantial number of persons with disabilities who are "out of the labour force" specifically in the PALS survey, other parts to this survey and other unrelated studies possibly give an indication as to reasons. While some are simply unable to work due to their disabilities or health conditions, others report barriers, such as inadequate transportation, impact of employment on income support benefits, impact of employment on subsidized housing, lack of training for what employers are expecting, perception of discrimination against people with disabilities (while many have also actually experienced discrimination), caregiving responsibilities and so forth. There are also twice as many disabled persons who identify as being in the labour force but who are unemployed than those without disabilities. Among those who are working, some surveys have suggested that up to a third or more feel they are overqualified for the jobs they are doing.

These statistics are well-known in policy circles. Another study sponsored by the Abilities Foundation (and available in my office) that was also completed online and with focus groups asked persons with disabilities who were working or were in the labour force to any extent a number of questions. It was learnt from that survey that those that had jobs tended not to find them with the assistance of employment agencies. This also appears to be true through my own informal discussions among my clients with disabilities. One fellow in particular recently told me how many agencies he tried to work with in order to find a job, but none were successful in placing him. He did however find a job when a friend of his told him a particular employer was hiring, then he applied directly to that employer and was hired. He later lost that job only to be hired at another firm where he is currently working and providing the same type of service. However, for the majority of persons with disabilities, there is not a lot of help out there. This is not a condemnation of the folks that try to support people to return to work, but a reflection of how little their work has influenced the workings of the labour market, which is why making all these accessibility regulations are essential. This has to come from employers themselves.

Employers put up a range of barriers, often times without being aware of it. I have read job ads that were progressive in nature, high paying but when required qualifications were spelled out, several items stood out that would exclude rather than include a lot of people, including people with disabilities. In that same ad, ironically, is a statement at the bottom of it stating how they are an "equal opportunity employer". When I speak with people with disabilities, they generally do not apply for these jobs, because they fear if they raise the issue of access or accommodations (such as the possibility of job sharing, task switching, minor job modifications, etc.), they feel they would not get the job at all. In Niagara Region, we have a disproportionate number of people on Ontario Works (many with disabilities that are for some reason unable to get on to other programs), as well as Ontario Disability Support Program. It is also stated in Niagara Region's most recent statistical report that the rate of growth (or the rate of increases in the number of persons) receiving or getting approved for O.D.S.P. is also disproportionately high in Niagara Region. Our overall unemployment rate tends to be higher than average, as well, our average annual income is among the lowest in Ontario.

There are many reasons for this that people like me raise again and again to what seems to be deaf ears among Niagara employers and even to some extent, political leaders. When a company moves to Niagara-on-the-Lake, for example, where there is no transit service going to and from it, only people who drive can access these jobs. Other employers unequivocally require all candidates to agree to work all shifts, which for some people with disabilities (and others with care-giving responsibilities) is a barrier. Call centres for example have day shift and afternoon shifts. I have spoken to a number of students that would love to work the afternoon shifts as they have classes during the day, but these employers appeared to be reluctant to hire them on the real or imagined necessity of every last employee having to work all shifts. Others can only work days as it fits with their daycare arrangements. To me, something as simple as allowing some shift accommodations would open the jobs to more people, many of whom are likely self-excluding now when they read "must work all shifts". For other jobs, most of which are the better paying jobs, require all candidates to have a driver's license and their own vehicle. In a dual income family, this would involve a household owning two vehicles, which according to CAA's last survey, the cost of vehicle ownership tends to exceed $7,800 a year. This leaves out: most people on social assistance, many people with disabilities and most people who recently graduated from a university or college and are carrying an exceptional debt load. Employers need to *carefully* consider this requirement. These qualifications are not just for taxi, courier and delivery companies. I've seen these qualifications stated for a very broad range of jobs, from education, social services, public relations, business management, administrative assistant, legal secretary and many more. While some of this also means Niagara Region needs to improve its transportation services, employers *also* have the responsibility to ensure their jobs are accessible as possible to the broadest range of qualified persons. Bona fide occupational requirement is in part settled by the Supreme Court in several of its decisions, as well as some Tribunal decisions impacting on gender, disability and age. As a result of vehicle requirements, I know many people in this region who are severely under-employed or who spend significant periods of time out of work. They again may hold all of the qualifications for the job, but will self-exclude because they feel the employer will not even consider them.

One needs to ask why 1 out of 6 Ontario O.S.D.P. households have a university education, while at the same time, a politically incorrect but necessary examination of existing senior employees of the public service, non-profit agencies and regulated industries needs to be done to learn of actual qualifications held by all of them. We learnt from the high profile Walkerton tainted water affair that the top guys that were looking after the water supply for that community had no qualifications. We learnt of several privately run retirement homes hiring people with little or no qualifications to provide health care to residents. We learnt of some mental health organizations that hold the ideology that all that is important is one's personal contact with the mental health system as a means to qualify for a job in working with vulnerable persons. My own profession has recently been regulated because of a few 'bad apples' that knew little of the law and seriously harmed their clients. Yet, 1 in 6 household heads on O.D.S.P. have university education that is either not being utilized or substantially under-utilized. Politicians talk about critical skills shortages in almost every sector, yet very little is being done to: (a) ensure people who get jobs that entail responsibility involving money, people or policies that affect people are qualified; and (b) to ensure that qualified persons who are under-utilized in the labour force for reasons of disability, age or country of origin access these positions. Some of this has to do with the inner workings of some of these organizations, or what some refer to as 'organizational culture'. Some of it has to do with barriers that are presented and prevent qualified persons from accessing the position or opportunity. Some of it may also involve the need to change some policies, such as how earned income affects O.D.S.P. and C.P.P. supports. Regardless of the source of this "disconnect", it needs to be corrected YESTERDAY!

I don't have all the answers. However, I do believe that moving toward the regulation of various social sectors to improve access to all Ontarians is the right move. I don't feel it is happening fast enough to satisfy me, or many of the people I work with; however, I also know how important the educational and consultative component is when imposing these regulations. Most of these regulations will cost an employer nothing, other than taking a little forethought and planning their workforce more inclusively. Some accommodations may cost something (though most studies show the majority of accommodations that cost money are under $500), and hopefully - to be fair - if there *is* a significant cost incurred or significant expenses become necessary in order to comply with any of these regulations, that those who comply are consequently rewarded or given some kind of break or financial assistance in order to assist them in meeting their requirements.

This is not rocket science. Ontario is trying to move beyond the 21st Century. It is hoping we will be there by 2025, a long ways away -- but it hopes to make incremental changes that will be noticeable as we reach that stage. Niagara has to move beyond the nineteenth century and open its eyes to opportunities that are here within the region already ... or risk the very people who are currently feeling excluded moving away and leaving it in the dust for years to come. The time is NOW for progress. The time is NOW to act. The time for defining accessibility beyond the obvious physical barriers in all aspects of its operations and sphere of influence is NOW. I speak for many of those who 'self-exclude'. Because for most of them, they feel if they approach an employer to ask if accommodations can be made regarding a listed requirement, they will NOT get the job. That's why they don't ask. That's why more and more people are relying on O.D.S.P. or staying on Ontario Works or switching between Ontario Works and low-wage temporary employment. The issue is that because more and more people -- up to one third of the labour force are involved in precarious arrangements (and becoming more common every year) - means there are less taxes being paid and less money will be around in a short period of time when we will need it to finance our future and ageing population. The time is NOW to think ahead. The time is NOW to include, accommodate and facilitate ... because our future is NOW.

Your thoughts?