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After being abandoned through the pandemic, disabled people living in long-term care facilities and group homes are once again invisible to the Liberals in Ottawa’s new draft regulations.


BY KENDAL DAVID and MEGAN LINTON | September 27, 2024


The new Canada Disability Benefit is slated to roll out in July 2025. Once promising to lift hundreds of thousands of disabled Canadians out of poverty, the draft regulations reveal a limited program which advocates argue excludes many of the most marginalized and impoverished disabled people. 


After being abandoned through the COVID-19 pandemic, disabled people living in residential institutions like long-term care facilities, group homes, and continuing care facilities are once again invisible in the newly written draft regulations for the Canada Disability Benefit (CDB).


In particular, the draft regulations, released in June, make no reference to the more than 100,000 disabled Canadians living in residential institutions across the country. These facilities often subject disabled residents to abject living conditions: mass-produced meals lacking in nutrition, rationing of care, frequent infectious outbreaks, and disproportionate rates of death. On top of these grave indignities, many institutionalized disabled people are forced to survive on just $5 a day.


Residential institutions continue to provide a core supply of housing for people with disabilities across Canada. In Ontario alone, about 63,000 disabled people who receive provincial social assistance payments from the Ontario Disability Support Program (ODSP) live in institutions, according to data up to March 2019. The 14,800 people living in long-term care or group homes receive measly personal needs allowances of $149 per month from ODSP. The remaining 48,000 living in boarding homes get support from ODSP to pay their housing provider for room and board—often paid directly to landlords—and a $71 allowance to cover all other expenses.


Given the depth of poverty for institutionalized disabled people, they stand to gain a lot from receiving the otherwise inconsequential $200 a month benefit. An extra $200 can make a meaningful impact to blunt the sharp edge of isolation and the daily mundanity of institutional life by facilitating access to the internet, a personal phone line, taxi fare or bus passes, fresh fruits and vegetables, a gym membership, or a meal out with friends.


Institutionalized folks are among the poorest disabled people in Canada, and could be significantly better off with the new Benefit—if only they can access it. Currently, the regulations propose using the Disability Tax Credit (DTC) as the eligibility criteria to access the new benefit. The DTC application process is complex and burdensome, and—amongst other problems—presumes people have access to a family doctor, which over 2.5 million people in Ontario do not. The federal government has committed to fund a navigation support program to help disabled people file their taxes, and get their DTC application packages together. But it’s unclear whether the federal government either knows or cares that institutionalized people exist, and should be prioritized as a target population for these efforts. They’re not mentioned anywhere in the proposed CDB regulations, even as a target population for tax filing support.


The proposed regulations rationalize that using the DTC eligibility criteria allows the federal government to implement the CDB quickly. While the roll-out of the CDB is indeed urgent, it needs to be functional enough that the most impoverished people can access it in the first place. People living on allowances of $5 a day stand to benefit from the CDB, but they’re also among some of the least likely to bother filing taxes and jumping through the hoops of DTC’s complex—and potentially expensive—application.


It’s unsurprising that the CDB regulations ignore institutionalized disabled people given that the federal government hasn’t bothered to collect data about them since 1991. Unlike their neighbours in market or subsidized housing, disabled people in these institutional settings are excluded from the Canadian Survey on Disability. As the primary federal data source on disability, the federal government is using it to inform the design of regulations, their cost-benefit analysis, and impact modelling.


This lack of data presents an enormous challenge in the CDB's design, and will continue to be a thorn in the side of the federal government for years to come as it tries to evaluate its impact, and prove the CDB’s value to voters. But it’s not too late for the feds to take action, and to address these gaps.


If designed properly, the CDB could make meaningful impacts in the lives of the most marginalized Canadians. For it to work, and to ensure that institutionalized Canadians would receive the new CDB, the benefit eligibility criteria must include provincial social assistance recipients and those who get Canada Pension Plan-Disability. And for the benefit to actually count, the federal government needs to modernize and re-implement the institutional component of the Canadian Survey on Disability so the true impacts for all disabled people can be really understood.


Kendal David is a PhD candidate in social work at Carleton University. She’s currently studying institutionalized poverty in Ontario using policy and discourse analysis, and interviews with institutionalized folks in Ottawa. 


Megan Linton is the policy lead at the Disability Justice Network of Ontario, creator of the audio documentary project Invisible Institutions, and a PhD Candidate at Carleton University.


Thursday, 18 July 2024


For Immediate Release—Hamilton, Treaty Three Territory: Despite a growing preference for community-based alternatives to nursing homes, Ontario’s home care options remain difficult to access and even violent. Those who run the home care sector and all levels of government, together, do not provide enough support for people who need assistance living at home nor for the many immigrant workers who provide home care services. Rather than working together for change, home care workers and receivers are often exploited and pitted against each other. 


The Towards Just Care research project, partnered with the Disability Justice Network of Ontario, calls for a sector-wide transformation toward more socially just home care guided by home care receivers, workers, and grassroots advocates. 


Their recent digital toolkit—Just Care Dreams—includes resources ranging from system navigation tools, advocacy tips, and maps outlining Ontario’s home care oligopolies and their networks. It draws on resource mapping, insights, workshops, and stories from a network of diverse home care stakeholders including low-income home care receivers, home care workers, and grassroots organizations representing seniors, disabled people, and migrant workers.


“When we talked to the communities around us, we knew it was time to come together, bring forward our common goals, and dream for better home care systems across these territories. We found examples and started to develop models of socially just care through this project. While this is only the first step, we want to share those insights and resources, so we can build more together”, explains Megan Linton, PhD Candidate, Policy Lead at Disability Justice Network of Ontario, and Community Lead on the Towards Just Care project.


This digital toolkit moves people from learning how to navigate and understand the complexities of Ontario’s current home care system to envisioning and building just care systems. We hope to build new pathways of home care that are publicly owned and directed, intergenerational, sustainable, and holistic.  


“We’re hoping these resources will help people in Ontario not just make informed choices about how to access and participate in Ontario’s home care systems, but also advocate for more socially just systems in the future” says Dr. Mary Jean Hande, Project Lead and professor at Trent University.


Just Care Dreams: A Toolkit for Building More Just Care Systems is available for download on the DJNO website at this link: https://www.djno.ca/justcare



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About the Authors:

 

Mary Jean Hande is an Assistant Professor in Sociology at Trent University and Project Lead for the SSHRC-funded Towards Just Care project.  Her broader community-engaged research program focuses on aging, disability, immigration, precarious work, continuing care systems, and struggles for social transformation.


Megan Linton is a PhD student in Sociology and Political Economy at Carleton University, and the policy lead at DJNO. Her broader work focuses on disability justice, carceral abolition, and the political economies of disability.

 

Disability Justice Network of Ontario is a provincial organization centered in Hamilton that aims to build a just and accessible Ontario, hold the powerful to account, and create a world where Disabled People are free to be.


Media Contacts:

Mary Jean Hande (Research Project Lead)

Assistant Professor, Trent University

647-458-5326


Megan Linton (Project Community Partner Lead) 

Policy Lead, Disability Justice Network of Ontario

289-780-3566


Brad Evoy (Project Partner)

Executive Director, Disability Justice Network of Ontario

289-780-3566


On a blue background, a photo of Nicholas Nembhard, a black man with a gentle smile and hair tucked behind a black baseball cap. Yellow text above "Justice for Nicolas Nembhard". Inside a yellow outline of a box with quotation marks at the top left and bottom right corners, further yellow text: "The intersection of Blackness and disability is one we are well familiar with as a site of over-policing and death—we cannot allow Nicholas' murder by police to go unchallenged..."


VIA EMAIL

Ministry of the Solicitor General

25 Grosvenor Street, 18th floorToronto, OntarioM7A 1Y6


 Subject: Request to hold an inquest into the Death of Nicholas Nembhard . 


Dear Chief Coroner Dr. Huyer and Chief Forensic Pathologist Dr. Pollanen:


With a deep sense of urgency, we are writing to you on behalf of Disabled People across Ontario, who have been brought together in grief and outrage over the tragic death of Nicholas Nembhard and the 20 June 2024 SIU report clearing the Waterloo Regional Police Service (WRPS) of wrongdoing. We echo and amplify the call of local organizations in Waterloo Region and join their request that you consider opening an inquest into the circumstances of his death.


As others have noted, the circumstances surrounding Nicholas’ death are not only tragic but deeply troubling. Nicholas, a 31-year-old Black man experiencing a mental health crisis and in need of support, was tased twice by a WRPS officer using a Conducted Energy Weapon before being fatally shot twice by another WRPS officer using a firearm. We respectfully request that you open an inquest as we believe that Nicholas’ death was unjustifiable and an unreasonable use of force. The intersection of Blackness and disability is one we are well familiar with as a site of over-policing and death—we cannot allow Nicholas’ murder by police to go unchallenged or left without proper investigation.

As members of his community have said clearly: Nicholas was more than just a statistic or a victim of a tragic incident—he was a beloved son, brother, uncle, cousin, friend, and a pillar of strength for his family, as well as a valued member of our Waterloo Region community. Known for his unwavering commitment to his family, he played an indispensable role in supporting his loved ones, both here in Canada and in Jamaica. His sudden and violent death has left an irreplaceable void in their lives, and has shattered their community. This deeply troubling and devastating act of state violence underscores serious systemic issues of police violence and brutality, anti-Black racism, white supremacy, colonial power, and ableism, highlighting the urgent need for accountability and transformative justice.


As concerned members of the community across Ontario, we are united in demanding transparency, accountability, and justice for Nicholas, his family, and for all racialized disabled people that share in the fear and threat created by WRPS’ actions. We implore you to take immediate action and commit to initiating a coroner's inquest to thoroughly and impartially investigate the events leading to Nicholas’ tragic death without delay, including the response of the WRPS and any factors contributing to the outcome. 

We echo the local community and know that an inquiry is crucial not only for uncovering the truth but also for addressing systemic issues that contributed to this tragedy, and ensuring that similar tragedies are prevented in the future. This is not just a matter of procedural formality but a moral imperative. It is a critical step towards accountability and healing in the face of profound loss and injustice. 


Thank you for your immediate attention to this urgent matter. We anticipate your swift response and unwavering commitment to pursuing justice for Nicholas and his grieving family.


In grief and solidarity,


Brad Evoy, Executive Director, Disability Justice Network of Ontario



© 2023 by Disability Justice Network of Ontario.

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