ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE
NEWS RELEASE – FOR IMMEDIATE RELEASE
Monday September 27, 2021 10 AM Court Virtual Hearing Livestream: Blind Disability Advocate David Lepofsky Argues Disability Rights Case Against Accessibility Minister Raymond Cho
September 24, 2021 Toronto: On Monday, September 27, 2021 at 10 a.m., the Divisional Court of Ontario’s Superior Court of Justice will hold a public virtual hearing for the oral argument of a case brought by blind lawyer, law professor, and volunteer disability rights advocate David Lepofsky, chair of the AODA Alliance, against Ontario’s Minister for Seniors and Accessibility, the Honourable Raymond Cho. In Lepofsky v, Cho,. Lepofsky asks the Court to issue a declaration that Minister Cho violated section 10(1) of the Accessibility for Ontarians with Disabilities Act (AODA). This is the first time someone has gone to court to contest the sufficiency of the Ontario Government’s implementation of the AODA, and to get a judicial interpretation of the AODA.
The case is scheduled for about two hours. It will be livestreamed to the public on Youtube at https://youtu.be/LuD6fKu0dlE As far as is now known, it will only be available online for livestreaming in real time.
The AODA requires the Ontario Government to lead Ontario to become accessible to 2.6 million people with disabilities by 2025. The Government must create, enact and effectively enforce a series of regulations, called accessibility standards, that spell out what organizations must do to become accessible to people with disabilities, and by when. The Government must appoint a series of committees, called Standards Development Committees, to advise on what those regulations should include.
According to section 10 of the AODA, when an advisory Standards Development Committee submits initial recommendations to the Minister, the Minister is required to make those recommendations public upon receiving them, e.g. by posting them on the Government’s website. Yet the Ford Government failed to do so for months in the case of three sets of such initial recommendations.
The Health Care Standards Development Committee submitted its initial recommendations to the Ford Government back on December 3, 2020. The K-12 Education Standards Development Committee and the Post-Secondary Education Standards Development Committee submitted their respective initial recommendations to the Government on March 12, 2021. The Government appointed those Committees to advise on the disability barriers that impede patients with disabilities in Ontario’s health care system, and the disability barriers obstructing students with disabilities in Ontario’s schools, colleges and universities.
Mr. Lepofsky submits that the Minister contravened the AODA by failing to publicly post those sets of recommendations for five months, three and a half months, and two and a half months, respectively. The Minister denies he violated the AODA.
When Mr. Lepofsky filed this application on May 7, 2021, none of the three sets of advisory recommendations had been made public. Over the intervening time since then, the Minister eventually made them all public. Lepofsky argues that the minister’s delay in doing so contravened the law and hurt people with disabilities by further delaying progress towards making Ontario accessible.
Mr. Lepofsky’s original court application was made public on May 7, 2021 at https://www.aodaalliance.org/whats-new/disability-rights-advocate-launches-court-application-against-the-ford-government-for-violating-the-accessibility-for-ontarians-with-disabilities-act/
Since May 7, 2021 all parties to this case have filed additional evidence and other legal documents with the Court.
David Lepofsky will present his own argument. He has been assisted on a pro bono basis by Martha McCarthy and Richard Glennie of McCarthy Hansen & Company LLP. The Minister will be represented by the Crown Law Office Civil of the Ministry of the Attorney General.
The Court granted leave to Citizens with Disabilities Ontario to intervene in the case. CWDO is supporting David Lepofsky’s position, and will be represented at the hearing by ARCH Disability Law Centre.
Apart from announcing the forthcoming hearing, Mr. Lepofsky and the AODA Alliance will not be making any public comment about the case before oral argument is completed on Monday.
We have been advised that section 136 of the Courts of Justice Act makes it an offence to take or attempt to take a photograph, motion picture, audio recording of a court proceeding,
More background at https://www.aodaalliance.org/category/whats-new/ and on Twitter @aodaalliance