Read the Evidence AODA Alliance Chair David Lepofsky Filed with the Superior Court of Ontario that Shows How the Ford Government’s Online Health Card Renewal Process Discriminates Against People with Disabilities Like Him

Accessibility for Ontarians with Disabilities Act Alliance Update

 

United for a Barrier-Free Society for All People with Disabilities

 

Web: www.aodaalliance.org

Email: aodafeedback@gmail.com

Twitter: @aodaalliance

Facebook: www.facebook.com/aodaalliance/

 

Read the Evidence AODA Alliance Chair David Lepofsky Filed with the Superior Court of Ontario that Shows How the Ford Government’s Online Health Card Renewal Process Discriminates Against People with Disabilities Like Him

 

February 10, 2022

 

SUMMARY

 

What did it take to force the Ford Government to extend its February 28, 2022 deadline for renewing an expired Ontario health Card, and to enable people to use an Ontario Photo ID Card in lieu of a driver’s license to renew their Health Card online? It took a court application!

 

When the media asked the Government questions about its refusing to allow a person to use a Photo ID Card in lieu of a driver’s license to renew their Health Card online, in several instances, the Ford Government simply did not answer. When CNIB wrote the Government over two years ago about this, the Government said they were working on it. Over a year later, they still had not fixed the obvious problem.

 

In virtual meetings in December and January, senior Government officials did not dispute that this all amounted to a disability barrier. However, they couldn’t explain why a proper solution was not to be announced.

 

It took three things to change it all. First, AODA Alliance Chair David Lepofsky had to file a court application two weeks ago. Second, he got his case listed before a Superior Court judge yesterday, so that he could request the scheduling of an urgent hearing in the next week or so. Government lawyers had to be ready for a judge to ask pointed questions.

 

It was 25 minutes before that virtual court appearance that the Ford Government issued its February 9, 2022 news release that announced its corrective action. The Government was potentially about to face the music.

 

Third, it took media attention on this issue. It certainly helped when TVO’s The Agenda with Steve Paikin gave it airtime across Ontario, as did CBC Radio news and Dahlia Kurtz nationally on SiriusXM Radio. . It also helped when some local radio stations covered it.

 

This all cries out for an answer to an important question: Why did it take a court application and an upcoming court scheduling hearing to get the Government to take corrective action? This behaviour shows that it is hard to take seriously the Ford Government’s claims to “lead by example” on accessibility for people with disabilities.

 

What does it take to confront the Ford Government with a case that it cannot credibly answer in court? If you want to know the answer in detail, we invite you to read the 16-page affidavit that David Lepofsky submitted to the Superior Court in this case. We set it out below. It includes 19 documentary exhibits at the end which support the facts to which David Lepofsky attests. This affidavit describes in clear terms the kind of bureaucracy that people with disabilities too often face.

 

We make this affidavit public as a resource so that anyone interested can learn about the barriers we face when we try to fight against disability barriers.

 

For more background, check out the AODA Alliance’s January 26, 2022 news release that announced this court application and the AODA Alliance’s February 9, 2022 news release that announces the Government’s capitulation.

 

If you have not yet seen it, we remind you to watch online the February 3, 2022 interview on TVO’s The Agenda with Steve Paikin that included David Lepofsky and CILT executive director Wendy Porch. That interview discusses several serious barriers in Ontario’s health care system confronting people with disabilities, including this Health Card renewal issue.

 

 

MORE DETAILS

 

Text of David Lepofsky’s January 31, 2022 Affidavit in His Case Against the Ford Government Regarding Online Renewal of Expired Ontario Health Cards

 

 

 

ONTARIO

Superior Court of Justice

 

BETWEEN:

 

David Lepofsky

Applicant

 

 

– and –

 

 

 

General Manager of the Ontario Health Insurance Plan and the

Minister of Health and Long-Term Care

 

Respondents

 

AFFIDAVIT

 

 

I, David Lepofsky, CM, O.Ont., LLB (Osgoode Hall), LLM (Harvard University), LLD (Hon. Queen’s University, University of Western Ontario, Law Society of Ontario), of the City of Toronto, in the Province of Ontario, AFFIRM AND SAY AS FOLLOWS:

 

1. I have personal knowledge of the facts and matters hereinafter deposed to except where stated to be based on information and belief.

Who I Am

 

2. I am the Chair of the Accessibility for Ontarians with Disabilities Act Alliance (the “AODA Alliance”) and am blind. As such, I have knowledge of the matters to herein deposed. Where I rely on knowledge, information or believe obtained from a specific external document regarding this case’s facts, I identify the source of that information and verily believe it to be true.
3. I am a Canadian citizen. I live in Ontario. I have been physically present in Ontario for at least 153 days in the last 12 months. I am therefore entitled to health services covered by the Ontario Health Insurance Plan (OHIP).
4. I been totally blind for over four decades. I am an Ontario lawyer and a part-time law professor. I hold the current position of Visiting Professor of Disability Rights and Legal Education at the Osgoode Hall Law School.
5. For many years, I have been a volunteer advocate for the rights of people with disabilities. Since 2009, I have served as the chair of the Accessibility for Ontarians with Disabilities Act Alliance. It is a volunteer non-partisan disability rights coalition that advocates for accessibility for people with disabilities.
6. Among other things, on behalf of the AODA Alliance, I have been very active advocating to tear down the many disability barriers in Ontario’s health care system. Since the start of the COVID-19 pandemic in March 2020, I have been especially busy on behalf of the AODA Alliance addressing the additional disability barriers that people with disabilities have faced in Ontario’s health care system during the pandemic. Our advocacy efforts are set out on our website’s health care page at aodaalliance.org/healthcare. Our efforts during the pandemic are set out on our website’s COVID-19 page at / www.aodaalliance.org/covid.

Government Photo ID

 

7. Probably like most people in Ontario and most Canadians, I have a health card.
8. Unlike many people in Ontario of my age, I do not have a driver’s license. Because I am totally blind, I am unable to get a driver’s license. I know of other people with disabilities who cannot get a driver’s license due to their disability.
9. Historically, the driver’s licence has served two functions. First it is official proof that a person is permitted to drive a motor vehicle. Second, and equally important, it is widely accepted as an official Ontario Government photo identification.
10. Without a driver’s license, many people who cannot drive due to disability found themselves in a situation where they needed to provide official Government photographic proof of identity but could not do so.
11. Accordingly, some within the Ontario disability community put pressure on the Ontario Government to create a non-driving equivalent—the Ontario Photo ID Card. I was not involved in the advocacy efforts to get the Ontario Photo ID Card established but was happy when it was created and appreciative of those who did the work advocating for it. It may well be that others outside the disability community also advocated for it.
12. At some time Around 2011, the Ontario Government began to make available an official Ontario Photo Identification Card (the Ontario Photo ID Card) pursuant to the Photo Card Act, 2008, S.O. 2008, c. 17. The purpose of that card is to provide a form of official Ontario Government photo identification, equivalent to a driver’s licence, for persons like me who do not have or cannot get a driver’s licence. Section 9 of the Act provides that “The holder of a photo card may, in his or her discretion, present it in any transaction or circumstance, including any transaction or circumstance where the holder wishes to identify himself or herself.”
13. For identification purposes, I understand that the Ontario Photo ID Card was designed to operate in parallel with the driver’s licence scheme. Thus, section 13(2) of the Act provides that “No person who holds a valid driver’s licence shall apply for, secure or retain in his or her possession a photo card.”
14. When this card was first introduced, Kathleen Wynne, then Minister of Transportation, wrote:

“There are over 1.5 million people in Ontario over the age of 16 who do not have a driver’s license. This includes some of our most vulnerable populations like people with disabilities, seniors and the homeless.

Shortly after I became the minister I had a meeting with advocates from the visually impaired community. They asked me to move forward on a project that would allow them to get a non-drivers driver’s license. Until then, I had not fully appreciated the barriers that exist for people who do not have a driver’s licence for identification.”

• Attached hereto and marked as Exhibit A is a true copy of an August 25, 2011 column by the Right Honourable Kathleen Wynne.

15. The official announcement from the Ministry of Transportation about the Ontario Photo ID Card also noted that “Ontarians with disabilities, seniors and other advocacy groups provided input on the design and availability of the card,” Attached hereto and marked as Exhibit B is a true copy of the June 9, 2011 announcement.
16. A “Spotlight” announcement from the Ministry of Children, Community, and Social Services in August of 2011 also noted that

“The card, for individuals 16 years of age and over, will make it easier for people with a developmental disability who don’t have a driver’s licence to do things that require official identification, such as:

• apply for work
• open bank accounts, and
• access government services.”

Attached hereto and marked as Exhibit C is a true copy of this announcement.

 

17. I obtained an Ontario Photo ID Card in 2013 by attending at a ServiceOntario office.

Health Card Renewal

 

18. Before the pandemic, I was able to renew my Ontario Health Card by visiting a ServiceOntario location, lining up, and being served by a ServiceOntario official. One of the services provided by ServiceOntario, pursuant to Service Provider Organizations – ServiceOntario, O Reg 475/07, s. 1.2 is “accepting and processing applications for the issuance, replacement or renewal of a health card…”
19. By renewing my OHIP card, the ServiceOntario official at the time approved my continuation to be an insured person.
20. My Ontario Health Card expired during the COVID-19 pandemic.
21. However, like other individuals who qualify for OHIP coverage, I have been able to continue to receive insured health care services covered by OHIP, by presenting my expired Ontario Health Card to a health care provider.
22. ………………………………………………………………………………………………. This was only possible because, in the middle of March 2020, the Ontario Government announced that because of the pandemic “the Ministry of Transportation and Ministry of Health, in cooperation with the Ministry of Government and Consumer Services and ServiceOntario, is extending the validity period of driving products, services and health cards”. They stated that they were doing so because these changes would “reduce the need for in-person visits to ServiceOntario, International Registration Plan offices and DriveTest centres during the COVID-19 outbreak, helping to promote social distancing and contain the spread of the virus.” Attached hereto and marked as Exhibit D is a true copy of the March 19, 2020 announcement from the Ministry of Transportation.
23. This decision, which treated the holders of all Health Cards equally, allowed any insured person to obtain medical treatment in Ontario even though their Ontario Health Card had expired.
24. On or before September 1, 2021, the Ministry of Transportation announced that

“The Ontario government is reinstating renewal requirements for driver’s licences, licence plate stickers, Ontario Photo Cards, Ontario health cards, and other products that would have expired on or after March 1, 2020, but were extended to provide immediate relief to Ontarians during the COVID-19 pandemic. Those needing to renew their provincial documents are encouraged to use ServiceOntario’s convenient and easy-to-use online option.

To ensure everyone has enough time to renew, Ontario has extended the renewal deadlines for most driver’s licences, licence plate stickers, and Ontario Photo Cards and health cards until February 28, 2022.”

Attached hereto and marked as Exhibit E is a true copy of this announcement.

25. As a result of that decision, people whose Ontario Health Card has expired, like me, must renew an Ontario Health Card by February 28, 2022. Otherwise, we will not be able to receive OHIP coverage for health services until after the Health Card is renewed.

The Road to this Case’s Disability Barrier- My Ontario Health Card and Ontario Photo ID Card

 

26. The Health Insurance Act, R.S.O. 1990, c. H.6, s. 11.1(3) (the “Act”) requires that in order to receive health care services covered by OHIP, I, like other individuals entitled to OHIP benefits, must be able to present a valid Ontario Health Card to a health care provider.
27. Section 4 of the Act allows for the appointment of a General Manager of OHIP, and sets the powers and duties of that general manager, including the power “to perform such other function and discharge such other duties as are assigned to the General Manager by this act and the regulations or by the Minister”.
28. Section 45 of the Act allows the Lieutenant Governor in Council to make regulations, and section 45(c.2) authorizes the Lieutenant Governor in Council to make regulations “enabling the General Manager to set requirements, including requirements to provide documentation, relating to registration or renewal of registration as an insured person, or to verify a person’s continuing eligibility to remain registered as an insured person, and making the meeting of any such requirements a condition of being or continuing to be an insured person.”
29. General RegulationR.O. 1990, Reg. 552, enacted under the Act, provides in s. 4(1) that “An application to establish entitlement to be, or to continue to be, an insured person shall be in the form approved by the General Manager.”
30. Exercising the authority given to him, the General Manager has set requirements for the renewal of an Ontario Health Card online. In particular, apparently going back as far as May 1, 2018, the General Manager has allowed health cards to be renewed online so long as the insured individual satisfies the following three requirements:

• “A valid driver’s licence to verify identity as a security measure
• To have lived at the same address at least 90 days prior to renewing
• To keep all other personal details the same”
  • Attached hereto and marked as Exhibit F is a true copy of the May 1, 2018 announcement from the Ministry of Government and Consumer Services.

31. Allowing someone to renew their Ontario Health Card online is convenient. It potentially saves driving time and waiting time. However, during the pandemic this ability to renew a Health Card online is potentially lifesaving because, by keeping people apart, it prevents the spread of COVID-19 and other diseases.
32. However, the General Manager and the Government of Ontario do not allow Ontario Health Cards to be renewed online using a valid Ontario Photo ID Card that the Ontario Government issued to me.
33. Although my Ontario Photo ID Card can generally be used by me for identification purposes—to allow me to open a bank account, to prove to the teller at a LCBO that I am old enough to buy alcohol, and to prove my identity at a polling station during an election—I am not allowed to use my valid Ontario Photo ID Card (which is issued by ServiceOntario) in lieu of an Ontario driver’s licence (also issued by ServiceOntario) to renew my expired Ontario Health Card online.
34. I do not have a driver’s licence. Because I am blind, I cannot qualify for an Ontario driver’s licence. I therefore cannot renew my expired Ontario Health Card online.
35. Both the Ontario driver’s licence and the Ontario Photo ID Card, which is administratively managed by the Ontario Ministry of Transportation, can be renewed online. My wife, who is sighted and can drive, told me and I believe it to be true that she recently renewed both her driver’s licence and Ontario Health Card online.
36. I recently renewed my Ontario Photo ID Card online.

Hardships of Having to Renew My Expired Ontario Health Card In Person at a ServiceOntario Office

 

37. I have a serious, and I believe a well-founded, fear of attending a ServiceOntario office in person to renew my Ontario Health Card, even if fully masked.
38. Because I am blind, I will need a sighted person to assist me in navigating an unfamiliar ServiceOntario office. This is so despite the fact that I have good orientation and mobility training, and I have travelled independently for many years as a blind person. I have never taken time to learn the route through any ServiceOntario offices on my own. Any time in the past that I have visited a ServiceOntario office, I have been accompanied by a sighted friend or family member who has walked next to me, with my holding their arm, as my sighted guide.
39. My wife is the only sighted adult in my “bubble” who theoretically could guide me at a ServiceOntario office. However, I will not risk having my wife go to ServiceOntario as my sighted guide. She is immunocompromised. Last January, she had a very dangerous allogeneic stem cell transplant that was required to treat a rare, serious and deteriorating blood cancer that reached a dangerous stage. The medical procedure last January wiped out her entire immune system. It is now rebuilding. Although she has had four COVID-19 vaccinations, it is not clear of how much protection they give her. All her childhood vaccinations were wiped out and must be re-administered. She is now in the slow process of having them gradually re-administered over time. As a result, I and my wife have had to be extremely careful during the pandemic due to her vulnerability.
40. Aside from the concerns about my wife, I have concerns about my own health. I will turn 65 this June. As such, I am in an age category where added caution has repeatedly been recommended to the public.
41. Even though I have had three COVID-19 vaccine injections, it is widely reported that the highly contagious Omicron variant can and does infect people who are triply vaccinated and properly masked. It can be transmitted by people who are infected though fully vaccinated, who have no symptoms, and who don’t know they are infected. Even a negative COVID-19 test does not provide 100% assurance that they are not infected and contagious.
42. Quite a number of people whom I know have gotten the virus, although they report that they were fully vaccinated and were being very careful to avoid the virus. I am tracking troubling daily reports of infection and hospitalization numbers.
43. We are therefore following very cautious practices when it comes to exposure to the virus. Indeed, we would have had to be very careful through her recovery had there been no pandemic, due to my wife’s stem cell transplant.
44. For the health reasons explained above, During the pandemic, I do not want anyone at a ServiceOntario coming close enough to me to guide me, even if they are fully vaccinated and wear proper personal protective equipment. If I try to navigate the ServiceOntario venue unassisted, I could easily, unintentionally and unknowingly get within two meters of another person. If a person is standing near me, but is silent, I may not know they are there. I have had many experiences in my life when well-meaning people in public sometimes come over to me and silently grab my arm, thinking they are helping me, without saying anything first. They do this even though I don’t want any help and have not indicated any desire for or need for any help, and even though one does not properly guide a blind person by grabbing their arm. Beyond all of that, having a sighted public servant assist blind people who come to a ServiceOntario office, by guiding them, will increase risks to that public servant.
45. My pre-pandemic experience with ServiceOntario did not leave me with abiding confidence in its approach to accommodating people with disabilities. When I went to get a new Ontario Health Card a few years before the COVID-19 pandemic, a ServiceOntario official handed me a piece of paper purportedly with a number written on it, and told me to watch the video monitor to know when my number is reached. I was obviously blind, holding a white cane in plain view. I would obviously not be able to read either the number of the paper, or the numbers displayed on the video screen.
46. I had a sighted person with me at the time, but that does not justify such an obviously inappropriate practice. Only after I raised concerns about this obvious denial of accessible customer service with a deputy minister in the Ontario Government was I told that they would try to improve that specific procedure. No senior official tried to justify the treatment to which I was subjected, nor denied that it had happened. That incident took place years after enactment in 2007 of the Customer Service Accessibility Standard under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 and after the Ontario Government had claimed to lead by example on providing accessibility for people with disabilities.

The Ontario Government Has Been On Ample Notice from Others for at Least Two Years About The Obvious Disability Barrier in the Ontario Health Card Online Renewal System

 

47. In my capacity as chair of the AODA Alliance, over the years I have had many conversations with senior officials of the Ontario Government on many issues relating to people with disabilities.
48. Publicly, the Government has claimed to lead by example on accessibility for people with disabilities, and to take an “all of government approach” to disability accessibility. For example, these commitments were made at a media event on February 28, 2020 before the pandemic began. By this, I have understood that the Government claims that it would exemplify good disability accessibility practices, as a role model for public and private sector organizations. I also understood this to mean that rather than leaving responsibility for making Ontario Government services accessible to people with disabilities to one Ministry or office, or to a few siloed accessibility officials, the Government would ensure that accessibility efforts were made by public officials across the Ontario Government.
49. It is impossible to reconcile those government promises with the Government’s unnecessary and inexplicable retention of the disability barrier in being able to renew my Ontario Health Card online. In my experience, the disability barrier in renewing one’s Health Card online should have been immediately obvious to the Ontario Government well before it was raised by any individuals or organizations external to the Government.
50. Both before and after I and the AODA Alliance got actively involved with advocating on the Health Card renewal issue, the Government was on clear, ample and public notice from others that this was a disability barrier that needed to be fixed, whether or not it had also been identified within the Ontario Public Service. From public documents available on the internet that I include as exhibits to my affidavit, I here describe examples of that notice with which I am familiar.
51. I am thoroughly familiar with the fact that the CNIB engages in advocacy efforts for law and policy reforms for people with vision loss such as me. I have been advised by Thomas Simpson, CNIB’s Executive Director of Public Affairs and Come to Work, and do verily believe that on or about January 23, 2020 and later on February 18, 2020 the Canadian National Institute for the Blind (CNIB) wrote senior Ontario Government officials, Minister Christine Elliott, the Minister of Health, and Minister Lisa Thompson, who was then Minister of Government and Consumer Services, to point out that the online Health Card renewal requirement of a driver’s license is a barrier for people with vision loss and that “people with sight loss are entitled to the same level of service as anyone else. A copy of these letters, which was taken from the CNIB website with the headline that states: “Ontario Health Card renewal process isn’t accessible to Ontarians with sight loss”, together with some of the information from the webpage, is attached hereto and marked as Exhibit G.
52. I have been advised by the same Thomas Simpson, and verily believe that at the end of March 2020, the CNIB received a letter from Lisa Thompson, then Ontario Minister of Government and Consumer Services, in which the Minister stated that the Government realized that the requirement to have a driver’s license to renew a Health Card online “does not work for everyone.” The letter also stated:

“I have shared your email with the ministry staff who are considering how we can provide better online government services. I would like to assure you that ServiceOntario intends to improve the online health card renewal service, adding functions that make it easier for more people to use it, including those without driver’s licences. We appreciate and will carefully consider your suggestion that there be an option to use the Ontario Photo Card number for those who do not have a driver’s licence. Ministry staff would be happy to update you in the months ahead around planned timing for these changes.”

A partial copy of that letter, which was set out in the CNIB’s webpage, is attached hereto and marked as Exhibit H. I have been advised by Thomas Simpson and verily believe that CNIB’s response to that, which was posted on November 19, 2021 and is attached hereto and marked as Exhibit I, included the following comment:

“With the closure or restriction of in-person services across the province during the pandemic, this has also meant that Ontarians who are blind, partially sighted or Deafblind have had no recourse to renew this important government document either in person or online. As in-person services resume, this still puts Ontarians with sight loss at an unfair disadvantage of having to visit a government office during a global pandemic.”

53. On November 21, 2021, the CBC reported on the hardship people with disabilities had in renewing their Ontario Health Card by attending at a ServiceOntario centre. A copy of this report is attached hereto and marked as Exhibit J. Among other things this article reported that the “province refused to provide an on-the-record statement for this story.”
54. I am also aware that the Government has been taken to task for this issue in the Legislature. On December 6, 2021 Ms. Jill Andrew raised a question during Question Period concerning this “barrier that disproportionally impacts people with disabilities.” Attached hereto and marked as Exhibit K is a true copy of this exchange taken from Hansard.
55. I have been informed by Peyton Veitch, who was the assistant to Joel Harden MPP, and do verily believe that on December 7, 2021, Joel Harden, a member of the Ontario Legislature and the disability critic for Ontario’s New Democratic Party, wrote the Ontario Minister for Government and Consumer Services, urging that Ontario’s discriminatory regime for online renewal of the Ontario Health Card be rectified. A true copy of that letter is attached hereto and marked as Exhibit L.
56. I am also aware that on December 20, 2021, Patricia De Guire, Chief Commissioner of the Ontario Human Rights Commission, wrote to the Honourable Christine Elliott, Minister of Health Honourable Ross Romano, Minister of Government and Consumer Services Honourable Caroline Mulroney, Minister of Transportation urging that this disability barrier be removed. A true copy of this letter, which is attached hereto and marked as Exhibit M, includes in part:

“I am writing to encourage you to make sure people with disabilities and older adults will have the same opportunity as others to obtain the health card renewal online.

This online service allows citizens to renew their health card online if they have a current driver’s license and meet other criteria such as not needing a new photo (which is required every 10 years). However, many citizens with disabilities do not have a driver’s license. As many people with disabilities also face barriers in travel and may be more vulnerable in any exposure to COVID-19, it is especially important that they be able to access, use and benefit from the convenience of any online services available to avoid travel and in person services.”

57. In the foregoing exchanges and public documents, I have not seen a reason, much less a compelling reason, from the Government or from any Minister for failing to allow a person in my position to renew an Ontario Health Card online, using a valid Ontario Photo ID Card in lieu of a valid driver’s licence.

Efforts by Me and the AODA Alliance to Get the Ontario Government to Remove this Disability Barrier

 

58. On behalf of the AODA Alliance, and acting as a volunteer, I have raised this issue of obvious disability discrimination with the Ontario government. I have alerted the Ontario Government to the urgent need for this disability barrier to be rectified. I have asked for this disability discrimination to be swiftly removed and for the February 28, 2022 deadline to be immediately and publicly extended if the problem is not now solved.
59. I had an introductory virtual meeting on November 25, 2022 with Ontario’s new Deputy Minister for Seniors and Accessibility, Carlene Alexander. As a result of that meeting, she arranged for me to have a virtual meeting on December 16, 2021 with several senior Ontario Government officials to raise this disability barrier in the process for renewing an Ontario Health Card. I understood that the public officials wanted time before holding that meeting to explore solutions to this problem.
60. On December 16, 2021, I had a virtual meeting with several senior Ontario Government officials. Attending for the Government were Deputy Minister for Seniors and Accessibility Carlene Alexander, Letitia Nolasque, Executive Advisor to Deputy Minister Alexander, Alison Drummond, Acting Assistant Deputy Minister for Seniors and Accessibility, Accessibility for Ontarians with Disabilities Division, Deputy Minister of Government and Consumer Services Renu Kulendran, Dafna Carr, Associate Deputy Minister of Government and Consumer Services, Ontario Shared Services, Joanne Anderson, Assistant Deputy Minister of Government and Consumer Services, ServiceOntario – Operational Support, Pauline Ryan, Director, Ontario Health Insurance Plan Division at the Ministry of Health On behalf of Deputy Minister of Health Catherine Zahn (who did not attend) and Assistant Deputy Minister of Health Patrick DiCerni, (Drugs and Devices Division) who is the respondent General Manager of OHIP.
61. At this December 16, 2021 virtual meeting, I explained why it is a disability-discriminatory barrier to require a driver’s license to renew a Health Card online when many disabled people, myself included, do not and cannot have a driver’s license but do have an equivalent means of proving identity. I explained why I cannot go to ServiceOntario in person, as described earlier in this affidavit. I explained that it is urgent that this be fixed before February 28, 2022, the deadline that the Government had set for Ontario Health Card renewals. I proposed that the Government extend that deadline, if needed, to get enough time to fix this problem. It was clear that I was not just speaking about my own personal needs, but more broadly about a number of people in Ontario who have disabilities and do not have a driver’s license.
62. I also explained at that virtual meeting that there should be some sort of route for people with no driver’s license and no Ontario Photo ID Card to renew their Health Card virtually, without having to go to ServiceOntario. I explained that this all raises serious human rights/equality disability concerns.
63. No one from the Government at that virtual meeting disputed the fact that a driver’s license is required to renew a Health Card online, or that this presents an obvious disability discriminatory barrier for people with disabilities like me who cannot have a driver’s license. No one disputed that the Ontario Photo ID Card was created for people with disabilities like mine who do not or cannot have a driver’s license.
64. No one suggested to me that this was not a serious issue needing action. One of the deputy Ministers at that virtual meeting (whom I believe is the Deputy Minister of Government and Consumer Services) acknowledged the importance of getting this impediment resolved, and recognized its time sensitivity. For that reason, she asked if I would be willing to meet early the next week. I readily agreed to that request. However, the Government never arranged a meeting for that next week.
65. Four days later, on December 20, 2021, I wrote and made public a news release from the AODA Alliance on this issue. I widely circulated it to news organizations, to the AODA Alliance’s email distribution list, and to our followers on Twitter and Facebook. That day I also posted it on the AODA Alliance website at https://www.aodaalliance.org/whats-new/as-omicron-surges-ford-government-flagrantly-discriminates-against-many-ontarians-with-disabilities-in-access-to-health-care-by-requiring-a-drivers-license-to-renew-ontario-health-card-online/ Attached hereto and marked as Exhibit N is a true copy of that news release.
66. I emailed that news release to some or all of the public officials who attended that December 16, 2021 virtual meeting. I know from past experience and from feedback from various Government officials over the years that The Ontario Government regularly monitors the AODA Alliance’s email updates, web posts, social media posts and media coverage, and I was hoping to provide them with a concrete basis for reducing the barrier against those individuals who are insured for medical service through OHIP but who do not have a driver’s license.
67. Very shortly after making it public, I was alerted by one of our supporters to an error in that December 20, 2021 AODA Alliance news release. It incorrectly makes it seem that one cannot renew one’s Ontario Photo ID Card online. I subsequently learned that one can renew an Ontario Photo ID Card online, and thereupon did so myself. I wrote a follow-up AODA Alliance Update which was sent out via email and posted online the next day, December 21, 2021 which corrected this error and apologized for it. Attached hereto and marked as Exhibit O is a true copy of that part of the AODA Alliance Update that corrects that error.
68. No one from the Ontario Government reached out to me to arrange a meeting the following week. When I heard nothing, I emailed the Deputy Minister for Seniors and Accessibility later during the week after the December 16, 2021 virtual meeting, to inquire. She responded that the Government wanted to defer a follow-up meeting with me to January 2022.
69. In an exchange of emails with the Government, I ultimately accepted a virtual meeting date of January 25, 2022. I was not happy with it being delayed at all, much less to so late a date in January. This is because the February 28, 2022 deadline was fast approaching. The Government did not agree to meet earlier. It was my understanding that they wanted more time to work on solutions.
70. On January 18, 2022, I received an email from Alison Drummond, Acting Assistant Deputy Minister for Seniors and Accessibility. On behalf of the Government she asked that the meeting planned for January 25, 2022 be pushed back to the following week. She offered to speak to me in the interim.
71. In a January 18, 2022 email to Ms. Drummond, a true copy of which is attached hereto and marked as Exhibit P, I objected to delaying that meeting due to the issue’s urgency.
72. As a result of an email exchange, I spoke with Ms. Drummond via Zoom on January 19, 2022. I thereafter sent her an email on January 19, 2022 that accurately sets out key contents of that discussion. Attached hereto and marked as Exhibit Q is a true copy of my January 19, 2022 email to Alison Drummond.
73. During that virtual meeting, among other things, Ms. Drummond read me a prepared text, which I have transcribed, as follows:

“The Ministry of Health’s eligibility requirements for Health Cards include stringent requirements for proof of identity and residency. In recognition of the complexity of the eligibility requirements, there is an opportunity to take a phased approach to expanded adult and child online Health Card renewals. In the short term, the Government is looking into expanding the ways that customers can confirm their identity and residency in Ontario, using their Ontario Photo Card as proof. Ontario Photo Cards can be renewed online, and it is estimated that allowing the use of the Ontario Photo Card to renew an Ontario Health Card would expand eligibility to approximately 750,000 individuals.”

74. During that virtual meeting, I responded that this passage told me little or nothing new, beyond what I had been told at the December 16, 2022 virtual meeting, a month earlier. Ms. Drummond did not dispute this.
75. During our January 19, 2022 virtual meeting, I told Ms. Drummond that it was my understanding that the changes to Ontario Health Card online renewal that we seek could be achieved without requiring the passage or amendment of any regulations. Ms. Drummond helpfully agreed to let me know if that was the Government’s understanding. She emailed me on January 24, 2022, confirming my understanding. Her email stated in material part:

“David, again I apologize for my delay, I had not forgotten that I promised you an answer on the specific question of whether the Government must enact regulations to take the steps you listed below, or “whether in the Government’s understanding, these are measures that can be taken by the General Manager of OHIP or some other public officials, without needing a regulation to be enacted.” I wanted to get back to you before our meeting tomorrow to say that you were right and I was wrong – those measures can be taken by public officials without needing a regulation to be enacted.

As I understand it, there are some operational paths to officially extending the period beyond February 28, 2022 that would require a regulation; however, it could also be done without a regulation. I apologize for my misunderstanding.

76. Drummond later let me know via email that the January 25, 2022 virtual meeting would proceed as scheduled. That meeting took place for about 30 minutes, between 1:30 and 2 pm. Attending it with me were two volunteer Osgoode law students. Those attending for the Government included Alison Drummond, Acting Assistant Deputy Minister for Seniors and Accessibility, Joanne Anderson Assistant Deputy Minister of Government and Consumer Services (Acting) Operational Support Division, Pauline Ryan Director | Health Insurance Branch from the Ministry of Health and Patrick Dicerni Assistant Deputy Minister of Health, Executive Officer & General Manager | OHIP, Pharmaceuticals and Devices Division (a respondent in this case) Others may have also been online for the Government. None of the deputy ministers who had attended the earlier December 16, 2022 virtual meeting with me attended this January 25, 2022 meeting.
77. At this January 25, 2022 virtual meeting, the respondent OHIP General Manager, Patrick Dicerni, and other Ontario Government officials told me for the first time that by May 2022, the Government will let people renew a Health Card online, using an Ontario Photo ID Card in lieu of a driver’s licence. I was also told for the first time that by early February 2022, the Government will establish a mail-in process to apply to renew an Ontario Health Card, using an Ontario Photo ID card in lieu of a driver’s licence.
78. I was also advised at this meeting for the first time that the Ontario Government will communicate to health care providers that after February 28, 2022, an expired Ontario Health Card remains valid for obtaining insured health services. However, I was told that it had been decided that the Government will not extend the February 28, 2022 deadline for renewing an expired Ontario Health Card. It had also been decided that the Government will not notify the public that individuals with an expired Ontario Health Card can continue to receive OHIP coverage for insured health services after February 28, 2022.
79. No reason was given for the Government deciding not to extend the February 28, 2022 deadline for renewing an expired Health Card and for not telling the public that an expired Health card can still be used after that date to obtain OHIP coverage for health services. I twice asked at this meeting for a reason. Those present for the Government said it was accurate for me to say that they had not provided a reason, after I had asked twice for a reason.
80. I responded at this meeting that as a result of the Government’s plan, people holding an expired Ontario Health Card and a valid Ontario Photo ID card will have no way to know that they can continue to present their expired Health Card and receive health care with OHIP coverage, after February 28, 2022. All they know is what the Government has publicly told them, which is the opposite. In their minds, this leaves in place the cruel choice of going to ServiceOntario and risking their health in order to renew their Health Card, or risk their health by losing OHIP coverage while their Health Card remains expired after February 28, 2022.
81. I told the Government officials at this meeting that a mail-in option, while an improvement for some, can present disability barriers for people whose disability does not enable them to complete such a form by themselves. I also alerted them that there is a real risk that some health care providers, or those working at their front desks, will not get the word from the Province that they are to continue to accept expired Ontario Health Cards after February 28, 2022. Up to now, they have only heard the opposite from the Government.
82. No one at this meeting disputed these points that I spontaneously raised in response to the news that they had just presented to me. No one denied that these are valid concerns. I was thanked for my input.
83. I was given no Government document at this meeting that sets out these policy changes regarding Health Card renewals. I have seen no public announcement of them.
84. After this meeting, I sent an email to Alison Drummond that set out the key points covered at this meeting. Attached hereto and marked as Exhibit R is a true text of that January 25, 2022 email to Alison Drummond. The email accurately sets out what happened at that meeting.
85. No one speaking for the Government has emailed me or otherwise contacted me to dispute the accuracy of the important facts and statements in any of my emails to them on this issue, with the exception of the information contained in Exhibit O, regarding the Government’s requirement to have a driver’s license, but not a Photo ID, to be able to renew one’s Health Card online, and a couple of very minor matters that are not core to any of the matters to which I here depose. Similarly, no one from the Government has disputed the accuracy of the contents of the two news releases or indeed any AODA Alliance online posts or social media postings on this issue by me and/or the AODA Alliance.
86. I thereupon launched this application. On January 26, 2022, I made public a news release about it, the text of which is attached hereto and marked as Exhibit S to this my affidavit. It was emailed to the AODA Alliance email list and to our list of news organizations, posted on our website, and posted on Twitter, Facebook and LinkedIn. I also emailed it to several senior Government officials, including those who attended the January 25, 2022 virtual meeting with me.
87. It is the Ontario Government that itself issues both forms of photo identification. The Government has not disputed that the Ontario Photo ID Card was created to serve as a form of photo identification that is equivalent to the Ontario driver’s licence.
88. Moreover, if the Government’s concern was that they want an online confirmation that the person renewing their Ontario Health Card has in fact been resident in Ontario for a required period of time, the driver’s license is not proof of that, as far as I can tell. Someone could use their driver’s license to renew their Ontario Health Card online from anywhere in the world.
89. In short, the respondents and the Ontario Government have made no commitment to fully and effectively rectify this disability barrier before the February 28, 2022 deadline, referred to above.

Urgency of this Issue

90. Until and unless the respondents either enable me, and persons in a similar situation, to renew an expired Ontario Health Card online using a valid Ontario Photo ID Card in lieu of a driver’s licence, or they publicly, unequivocally and effectively extend their February 28, 2022 deadline for renewing expired Ontario Health Cards, persons such as me may be subjected to an immediate, unfair, cruel danger of either suffering the loss of health insurance or exposing themselves to the health risk of attending a ServiceOntario office in person.
91. Even if the Government issues some sort of notification to health care providers that an expired Ontario Health Card is valid after February 28, 2022, I fear the real risk of encountering difficulties in getting insured health care services. I have no confidence that front-line staff at a doctor’s office or elsewhere are always kept informed up-to-the-minute. I would be left uncertain whenever I seek health services, including emergency services, that a particular staff member at a health care provider won’t think I am covered by OHIP. It will be easy for them to be confused by the mixed messages on this issue that will have come from the Ontario Government. This is especially so in the context of seeking health care during the pandemic. I fear encountering someone at the front desk who is filling in, because so many people have gotten sick during the latest wave of the pandemic.
92. I am also seriously concerned about members of the public who may fail to go to a health care provider for health services they need after February 28, 2022, because they have been led by the Government to think that their expired Ontario Health Card must be renewed before it can be accepted.
93. This is occurring at a time when the pandemic is nearing two years in duration, during its biggest surge, when hospital overloads are unprecedented, and when health care workers are suffering from the COVID-19 virus in deeply troubling numbers.
94. As it is, people with disabilities have faced too many disability barriers before the pandemic in Ontario’s health care system. I have had to spend an incredible amount of time during the pandemic advocating in a volunteer capacity for the AODA Alliance because of new disability barriers that the Ontario Government has created or failed to remove in access to health care during the pandemic, impeding patients with disabilities. I have received feedback from people with disabilities who for a range of reasons have been fearful about seeking out needed health care services during the pandemic.
95. Three years ago, on January 31, 2019, the Final Report of the Third Independent Review of the AODA’s Implementation and Enforcement (the “Onley Report”) was released. The review was conducted by former Ontario Lieutenant Governor David Onley pursuant to the AODA.
96. The Onley Report is long, so I will not attach it. It can be found in full here: https://files.ontario.ca/seniors-accessibility-third-review-of-aoda-en-2019.pdf. However, the Onley Report provides a scathing indictment of the provincial government’s failure to implement the AODA in a timely or effective manner, including noting that “this province is mostly inaccessible” and that progress has been “highly selective and barely detectable.”
97. On behalf of the Ontario Government, the Ontario Minister for Seniors and Accessibility Raymond Cho referred to Mr. Onley as having done a “marvellous job” on the Report while speaking about it in the legislature, when asked if he accepts the Report’s findings. (See https://www.ola.org/en/legislative-business/house-documents/parliament-42/session-1/2019-04-10/hansard) In my own experience and based on feedback I have received from people with disabilities over the years, I agree with those findings in the Onley Report.

Conclusion

98. I make this affidavit in support of my urgent application for judicial review regarding disability barriers to safely renewing an expired Ontario Health Card online, and for no other or improper purpose.

 

AFFIRMED REMOTELY before me in the city of Toronto, in the province of Ontario in accordance with Ontario Regulation 431/20 this 31st day of January 2022     _____________________________________ (Commissioner for Oaths in and for the Province of Ontario)	) ) ) ) ) ) ) _________________________________ )           (Signature) )           David Lepofsky )

 

 

EXHIBIT A

 

THIS IS EXHIBIT A TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

New Ontario ID card sees successful launch

A Town Crier Community Column

 August 25, 2011 Town Crier staff Don Valley West, drivers licence, identification, Kathleen Wynne, Ontario Photo Identi, Service Ontario

On July 25 I was proud to announce the launch of the new Ontario photo ID card for people without a driver’s licence in Ontario. This project was a personal priority of mine when I became the Minister of Transportation in January 2010.

There are over 1.5 million people in Ontario over the age of 16 who do not have a driver’s license. This includes some of our most vulnerable populations like people with disabilities, seniors and the homeless.

Shortly after I became the minister I had a meeting with advocates from the visually impaired community. They asked me to move forward on a project that would allow them to get a non-drivers driver’s license. Until then, I had not fully appreciated the barriers that exist for people who do not have a driver’s licence for identification.

As drivers, we often take for granted how often we are asked to provide photo ID for everyday tasks. Everybody should have the right to identify themselves easily at a store, a bank or at a polling station to vote.

I’m sure all of us know someone who either chooses not to or is unable to drive for different reasons.

The numbers speak for themselves; we received over 2,200 applications for the photo card in the first week the card was launched at 21 ServiceOntario locations. In 2012, the photo card will be available at all 300 ServiceOntario locations across Ontario making it more accessible to everyone who wants or needs one.

Finally, I would like to recognize the over 70 organizations and groups who advocated on behalf of their members to make this card possible.

For more information on how and where you can apply for a photo card, please visit serviceontario.ca.

 Share on Facebook

 Tweet

 

About this article:

By: Kathleen Wynne
Posted: Aug 25 2011 3:08 pm
Filed in: NEWS
Edition: Toronto
Neighbourhood: North Leaside
Tagged: Don Valley West • drivers licence • identification • Kathleen Wynne • Ontario Photo Identi • Service Ontario

 

 

EXHIBIT B

 

THIS IS EXHIBIT B TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Government Photo ID Introduction Announcement

Ontario Introduces New Photo ID Card

Date: June 09, 2011

Author: Ministry of Transportation

Link: https://news.ontario.ca/en/release/18322/ontario-introduces-new-photo-id-card

 

Original Text

 

Ontario is introducing a new photo identification card that will make it easier for people who do not have a driver’s licence to travel, open a bank account, and perform any other activities that require official ID.

 

The new, secure card will be recognized as government-issued identification for Ontarians 16 and over who do not drive.

 

Ontarians will be able to apply for the photo card at about 20 selected ServiceOntario centres across the province by the end of July, and at all 300 locations by 2012.

 

Ontarians with disabilities, seniors and other advocacy groups provided input on the design and availability of the card.

 

Through the Open Ontario plan, the government continues to help make it easier for families to access government services, while creating jobs and economic opportunities in Ontario.

 

 

 

EXHIBIT C

 

THIS IS EXHIBIT C TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Spotlight on Transformation (Ministry of Children, Community, and Social Services Newsletter)

New Ontario photo ID is here!

Date: August 2011, Issue 28

Author: Ministry of Children, Community, and Social Services

PDF Link: https://www.mcss.gov.on.ca/documents/en/mcss/publications/spotlight/Spotlight-28-ENG_web.pdf

Original Text Length

More independence for people with a developmental disability

 

Twenty-one ServiceOntario centres across Ontario are now offering a new photo card that will provide government-issued identification to more than 1.5 million Ontarians who do not drive.

The card, for individuals 16 years of age and over, will make it easier for people with a developmental disability who don’t have a driver’s licence to do things that require official identification, such as:

• apply for work
• open bank accounts, and
• access government services.

 

David Carter-Whitney, Assistant Deputy Minister at the Ministry of Community and Social Services, says that not having official identification can be a barrier to full participation in the community.

 

“Imagine getting a job, but finding out that you can’t complete the police check because you don’t have a driver’s licence or passport,” says David. “We hear stories like this from members of the developmental services community. This new photo card will help people achieve greater independence and open the door for new opportunities.”

 

Designed with input from Ontarians with disabilities, seniors and advocacy groups, the card is similar to a driver’s licence. It includes the card holder’s name, photo, signature, address, gender and date of birth. It also has the same security features as a driver’s licence to help prevent fraud and identity theft.

To make it easy to find in your wallet, the card has a clipped top-right corner and raised lettering. It costs $35 and remains valid for five years.

To find out where you can get a card:

• call toll-free at 1-800-387-3445, or
• dial TTY toll-free at 1-800-268-7095.

For more information: Go to the Ministry of Transportation’s website and search for “photo card.”

Please inform ServiceOntario if you have ever held an Ontario driver’s licence, even if it is suspended or cancelled, when you apply for an Ontario Photo Card. Not doing so may delay getting your Ontario Photo Card.

If you have an Ontario Photo Card and apply for a driver’s licence, you must turn in your Ontario Photo Card as part of the application process and it will be cancelled. If you wish to re-apply for your Ontario driver’s licence, you may be subject to all tests and wait periods.

 

 

 

EXHIBIT D

 

THIS IS EXHIBIT D TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Ontario Extending Validation Periods for Driver, Vehicle and Carrier Products, Services and Health Cards

Date: March 19, 2020

Author: Ministry of Transportation

Link: https://news.ontario.ca/en/release/56382/ontario-extending-validation-periods-for-driver-vehicle-and-carrier-products-services-and-health-cards

 

Original Statement Text

 

New Measures and Regulations Will Reduce In-person Visits to Help Contain Spread of COVID-19

 

Ontario continues to take decisive action to protect the health and safety of all individuals and families.

 

As part of the province’s enhanced measures, the Ministry of Transportation and Ministry of Health, in cooperation with the Ministry of Government and Consumer Services and ServiceOntario, is extending the validity period of driving products, services and health cards. These changes reduce the need for in-person visits to ServiceOntario, International Registration Plan offices and DriveTest centres during the COVID-19 outbreak, helping to promote social distancing and contain the spread of the virus.

 

These new regulations include extensions for driver licences, licence plate validation, Ontario Photo Cards, and Commercial Vehicle Operator Registration certificates, among others. Expiring and expired health cards will continue to provide access to health services.

 

The Ministry of Transportation is also automatically extending the due dates for medical or vision reports, which both reduces the need for in-person visits, but also ensures that patients do not need to visit their doctors, helping the health system to focus on containing COVID-19.

 

“We have a responsibility to Ontarians to ensure that we take every possible step to enable social distancing and stop the spread of COVID-19,” said Christine Elliott, Deputy Premier and Minister of Health. “By implementing these additional measures, Ontarians can avoid putting themselves at risk and will continue to have access to the services that they need, when they need them.”

 

This extension will be in place until such time that, based on the advice of Ontario’s Chief Medical Officer of Health and public health officials, the current situation improves.

 

“We’re working with all partners across the system to do everything we can to contain this virus and ensure that the system is prepared to respond to any scenario,” said Caroline Mulroney, Minister of Transportation. “These changes will help relieve the burden already faced by Ontarians and businesses by providing more time to renew their licences and permits without being penalized, while also reducing the need for in-person visits.”

The Ministry of Transportation will continue to deliver time-critical services, including Motor Vehicle Inspection Station Stock orders and Single-Trip Oversize/Overweight permits.

 

“We urge our customers not to visit a ServiceOntario centre unless absolutely necessary,” said Lisa Thompson, Minister of Government and Consumer Services. “We encourage people to complete transactions online or use the extended validation period, and to follow the advice of our medical professions and stay at home.”

 

As per advice from the Chief Medical Officer, we are encouraging everyone to take appropriate measures to protect themselves from the novel coronavirus. This includes staying home if you are sick and avoiding contact with people who are sick.

 

 

 

EXHIBIT E

 

THIS IS EXHIBIT E TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Ontario Reinstating Renewal Requirements for Driver’s Licences, Licence Plate Stickers and Health Cards

Date: September 01, 2021

Author: Ministry of Transportation

 

Link: https://news.ontario.ca/en/release/1000778/ontario-reinstating-renewal-requirements-for-drivers-licences-licence-plate-stickers-and-health-cards

 

Ontarians are strongly encouraged to renew their documents online at ServiceOntario.ca

The Ontario government is reinstating renewal requirements for driver’s licences, licence plate stickers, Ontario Photo Cards, Ontario health cards, and other products that would have expired on or after March 1, 2020, but were extended to provide immediate relief to Ontarians during the COVID-19 pandemic. Those needing to renew their provincial documents are encouraged to use ServiceOntario’s convenient and easy-to-use online option.

 

To ensure everyone has enough time to renew, Ontario has extended the renewal deadlines for most driver’s licences, licence plate stickers, and Ontario Photo Cards and health cards until February 28, 2022.

 

“The majority of Ontarians have continued to renew their documents during the pandemic, despite unprecedented challenges,” said Caroline Mulroney, Minister of Transportation. “It’s critical that drivers and vehicle owners have up-to-date documents for work, access to services and travel, and to keep our roads safe. I strongly encourage those who have deferred their renewals – approximately 17 per cent of Ontarians – to plan ahead and renew their documents online.”

 

Heavy commercial vehicle owners will need to renew their vehicle validations by December 31, 2021. Novice licence holders (class G1, G2, M1 or M2) will have until December 31, 2022, to requalify for or upgrade their novice driver’s licence. People who have not renewed their products during the Extended Validity period will be required to pay the fee for previous years, in addition to the current year renewal fee.

 

To make it easier for people to renew their driver’s licences online, Ontario has temporarily waived requirements for people to renew their driver’s licences in person, including those for senior drivers. Eligible drivers can renew their driver’s licence online at ServiceOntario.ca, including those aged 80 and over.

 

For a complete list of renewal deadlines, please visit Ontario.ca/RenewalDeadlines.

As part of the government’s commitment to developing convenient and accessible services for Ontarians, ServiceOntario now offers more than 40 services online. To reduce wait times, we are encouraging all eligible Ontarians to skip the line and easily and quickly renew products online. Products will be mailed directly with an ability to print proof of renewal.

“Our government is making life easier and more convenient for Ontarians through simple and fast online renewal options available 24/7,” said Ross Romano, Minister of Government and Consumer Services. “Customers can skip the lines by renewing their documents through ServiceOntario’s easy-to-use and secure online services right from the comfort and safety of their home.”

 

“From the outset of the COVID-19 pandemic, our government’s top priority has been ensuring the health and well-being of Ontarians,” said Christine Elliott, Deputy Premier and Minister of Health. “As more people continue to get vaccinated to protect against COVID-19 and the Delta variant, it is important that people renew their health cards so they can continue to quickly access the high-quality health care services that they need, when they need them.”

 

If you need to visit in-person, enhanced health and safety measures are in place at ServiceOntario centres. More than 40 ServiceOntario centres offer appointment booking to reduce wait times and ensure speedy service. You can book an appointment in advance by visiting Ontario.ca/Appointment.

 

 

 

EXHIBIT F

 

THIS IS EXHIBIT F TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Original Announcement for Online Health Card Renewals Dated May 1, 2018

 

Author: Ministry of Government and Consumer Services

Link: https://news.ontario.ca/en/release/49325/you-can-now-renew-your-ontario-health-card-online

 

Original Press Release Text

 

You Can Now Renew Your Ontario Health Card Online

Skip the Line and Visit ServiceOntario.ca/RenewCards

 

People across Ontario can now renew their photo health card online at ServiceOntario.ca/RenewCards.

 

To renew a health card online, people in Ontario need

• A valid driver’s licence to verify identity as a security measure
• To have lived at the same address at least 90 days prior to renewing
• To keep all other personal details the same

Individuals can still choose to renew their health card in-person at nearly 300 ServiceOntario centres located across Ontario. Many are open on weekends and evenings and some allow you to skip the line by making an appointment. There is no fee to renew a health card either online or in-person.

 

Modernizing the way we deliver services is part of the government’s plan to support care, create opportunity and make life more affordable during this period of rapid economic change. The plan includes free prescription drugs for everyone under 25, and 65 or over, through the biggest expansion of medicare in a generation, free tuition for hundreds of thousands of students, a higher minimum wage and better working conditions, and free preschool child care from 2 ½ to kindergarten.

 

 

 

EXHIBIT G

 

THIS IS EXHIBIT G TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Posted at https://cnib.ca/en/news/ontario-health-card-renewal-process-isnt-accessible-ontarians-sight-loss?region=on

Ontario Health Card renewal process isn’t accessible to Ontarians with sight loss

Recently, CNIB learned the online renewal process for the Ontario Health Card requires a current driver’s licence number. This requirement is unacceptable because it prevents

 

Ontarians who are blind, partially sighted or Deafblind from renewing their health card online.

A cartoon illustration of the green/white Ontario Health Card. Given that Ontarians with sight loss are entitled to the same level of service as others, CNIB wrote to Christine Elliott, Minister of Health and Lisa Thompson, Minister of Government and Consumer Services to consider the Ontario Photo Card as an alternative form of ID. Unfortunately, CNIB hasn’t received a response to the original letter, or the follow-up letter. We will continue to request the Ministers work with us to find a solution.

 

If you’ve encountered barriers with renewing your Ontario Health Card online, we want to hear from you. Please email us at advocacy@cnib.ca.

 

 

Original Letter

Thursday, January 23, 2020

 

Dear Minister Elliott & Minister Thompson,

 

It has been brought to our attention by Ontarians who are blind, partially sighted or Deafblind that they are unable to renew their Ontario Health Card online through the Government of Ontario website because the form requires a driver’s licence number.

 

When providing services to the public, it is important for the Government of Ontario to keep in mind that section 1 of the Ontario Human Rights Code states the following:

 

“Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability”.

 

Therefore, people with sight loss are entitled to the same level of service as anyone else.

As it currently stands, the requirement that Ontarians hold valid driver’s licences in order to renew their health cards online disproportionately affects Ontarians with sight loss because people who are blind, partially sighted or Deafblind are not legally permitted to drive or possess a driver’s licence. Therefore, they do not have equal access to completing the form online. This will also affect other demographics who are less inclined or able to drive for socio-economic reasons.

 

Many Ontarians with sight loss face additional barriers when they attend Service Ontario centres. For example, the “take a ticket” waiting system requires someone to read a paper ticket and electronic display screen. Furthermore, it is unlikely that the person with sight loss will be able to independently complete a hard copy of the form and mail it in. Having an accessible online system breaks down barriers for Ontarians with sight loss while saving the government time and money.

 

If the Ontario government requires a second piece of ID for verification purposes, we propose that the form provides an option for someone to enter their Ontario Photo Card number as an alternative to a driver’s licence. We would appreciate an opportunity to discuss this further with someone in your Ministry to ensure all Ontarians can enjoy simpler, faster and better services.

 

Follow-up Letter

 

Tuesday, February 18, 2020

 

Dear Minister Elliott & Minister Thompson,

 

I’m writing to request your prompt attention to the online renewal process for the Ontario Health Card. As stated in our letter on January 28, Ontarians who are blind, partially sighted or Deafblind are unable to renew their Ontario Health Card online because the form requires a current driver’s licence number. This requirement is unacceptable.

 

The Ministry of Health and the Ministry of Government and Consumer Services must adhere to the Ontario Human Rights Code, which states the following:

 

“Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.”

 

Therefore, Ontarians with sight loss are entitled to the same level of service as others.

If the Government of Ontario requires a second piece of ID for verification purposes, the online renewal form should be modified to provide an option for someone to enter their Ontario Photo Card number as an alternative to a current driver’s licence number.

 

As we will be sharing this information with members of our community, we expect the website to be updated by Friday, February 28. Thank you for your prompt attention.

 

With your commitment to this important matter, all Ontarians will have an opportunity to enjoy simpler, faster and better services.

 

 

More News

Clearing Our Path – 2022 Virtual Summit

January 19, 2022

 

In 1999, CNIB developed the first edition of Clearing Our Path to help create accessible environments for people who are blind or partially sighted. Based on national and international standards, the document provides accessibility guidelines for public spaces.

 

With updates in 2009 and 2016, Clearing Our Path has become a valuable resource, but a lot has changed. CNIB, with funding from Accessibility Standards Canada, has embarked on a project to update the guidelines, and we’d love your help.

 

Ottawa E-scooter Pilot 2021

 

January 14, 2022

 

Following the Ontario government’s announcement which outlined plans to permit Ontario municipalities to introduce electronic kick scooter (e-scooter) pilots in the province, the City of Ottawa passed a by-law to run an e-scooter pilot project. In its second year, the City partnered with three e-scooter companies to provide 1,200 rental e-scooters from May 28 to November 30, 2021.

 

In November 2021, CNIB held a townhall to gather feedback from members of the sight loss community on their experiences with e-scooters in Ottawa. This feedback has been compiled into a report to be shared with City staff and other stakeholders. Read the full report.

Applications for the 2022-2023 term of the CNIB National Youth Council are officially open!

January 04, 2022

 

Applications for the 2022-2023 term of the CNIB National Youth Council are officially open! Find out the specific responsibilities and tasks required of National Youth Council members and learn how to apply.

 

Uber Canada commits to accessibility and inclusion of persons with sight loss

December 22, 2021

 

 

 

EXHIBIT H

 

THIS IS EXHIBIT H TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Provincial government’s response to the CNIB Foundation about accessibility issues with Ontario Health Card renewal process

Date: April 22, 2020

Link: https://cnib.ca/en/news/provincial-government-responds-cnib-foundation-about-accessibility-issues-ontario-health-card?region=on

 

Over the last few months, the CNIB Foundation has been asking the Ontario government to ensure Ontarians who are blind, partially sighted or Deafblind have equal access to renewing their health card online. As it stands, a person needs a valid Ontario driver’s licence, which is unacceptable because it prevents Ontarians with sight loss from using the same process.

At the end of March, we received a response from Lisa Thompson, Minister of Government and Consumer Services. In her letter, Minister Thompson states:

 

“Renewing the Ontario health card online has been a government pilot project, and currently, Ontarians need a driver’s licence to renew their health card online. But we realize this approach does not work for everyone.

 

I have shared your email with the ministry staff who are considering how we can provide better online government services. I would like to assure you that Service Ontario intends to improve the online health card renewal service, adding functions that make it easier for more people to use it, including those without driver’s licences. We appreciate and will carefully consider your suggestion that there be an option to use the Ontario Photo Card number for those who do not have a driver’s licence. Ministry staff would be happy to update you in the months ahead around planned timing for these changes.”

 

In the letter, the Minister also mentions that she is open to further ideas and collaboration on how to make this process more accessible. We welcome the opportunity to discuss this with the Ministry of Government and Consumer Services, as well as the accessibility of Service Ontario services more broadly. Minister Thompson’s letter also indicated that we will be receiving information from the Minister of Health, Christine Elliott, shortly – we will provide further information upon receipt.

 

Thank you for sharing your experiences with us. We will continue to advocate for accessible processes to create more inclusive communities.

 

 

 

 

EXHIBIT I

 

 

THIS IS EXHIBIT I TO THE AFFIDAVIT OF

DAVID LEPOFSKY SWORN THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

CNIB urges Government of Ontario to change provision which requires a driver’s license to update an Ontario Health Card

Date: November 29, 2021

Link: https://cnib.ca/en/news/cnib-urges-government-ontario-change-provision-which-requires-drivers-license-update-ontario?region=on

 

Original Text

 

It has been nearly two years since CNIB first alerted the Government of Ontario that Ontarians who are blind, partially sighted or Deafblind are currently unable to renew their Ontario Health Card online through the Government of Ontario website because the renewal form requires a driver’s license number.

 

Recently, our most significant discussions have been with the Ontario Ministry of Government and Consumer Services around transforming the online health card renewal services to ensure they are accessible and available to Ontarians who are blind, partially sighted, and Deafblind.

 

The requirement that an Ontarian hold a valid driver’s license disproportionately affects Ontarians with sight loss because people who are blind, partially sighted or Deafblind are not legally permitted to drive or possess a driver’s license. The Ministry also indicated that they have heard from many other communities that are impacted by this policy.

 

With the closure or restriction of in-person services across the province during the pandemic, this has also meant that Ontarians who are blind, partially sighted or Deafblind have had no recourse to renew this important government document either in person or online. As in-person services resume, this still puts Ontarians with sight loss at an unfair disadvantage of having to visit a government office during a global pandemic.

 

Through our discussions, the Ministry has told us they are working on making it easier to renew health cards online. It is also looking into expanding the ways that customers can confirm their identity and Ontario residency, including determining whether it is possible to use an Ontario Photo Card, utility bill, or bank statement. However, there are some concerns that the upcoming provincial election next year may further delay this work into 2023.

 

In early 2022, CNIB will be commissioning a research project to look at the accessibility barriers that currently exist across all ServiceOntario services, including in-person, telephone, and online. We hope to use this data to inform ServiceOntario of the barriers that exist in all areas of their services, and provide recommendations to remedy these issues. CNIB will publish additional details about this project in early 2022.

 

As information becomes available, we will share with the community.

 

 

 

EXHIBIT J

 

THIS IS EXHIBIT J TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Ontario’s online health-card renewal system excludes people with disabilities, advocates say

Date: November 21, 2021

Source: CBC News, Samantha Beattie

Link: https://www.cbc.ca/news/canada/toronto/ontario-s-online-health-card-renewal-system-excludes-people-with-disabilities-advocates-say-1.6255828

In Ontario, only people with a driver’s licence can renew their health cards online, leaving those who use photo ID cards with few other options than to physically go to a Service Ontario location. One advocate calls that a “huge complication” for people with disabilities.

 

The thought of driving her son to a Service Ontario centre to renew his health card fills Jane Toner with dread.

 

Ben, 22, suffers from chronic pain and nerve damage, which makes the bumps, vibrations and cold temperatures that inevitably come with a ride in a car excruciating — not to mention the wait in line outside the provincial centre’s location, Toner said.

 

But soon they’ll have no other choice. In Ontario, only people with a driver’s licence can renew their health cards online, leaving those who use photo ID cards like Ben with few other options than to physically go to a centre.

 

Toner says it’s “shameful” that the province is imposing such a limitation on people living with disabilities and on seniors with mobility issues.

 

“Really, what it’s saying is that if you have a disability, we don’t care, they don’t matter,” she said.

“It boggles my mind.”

 

Ben’s health card expired about a year ago, but he hasn’t had to renew it yet because the province extended the validity of Ontario cards to Feb. 28, 2022 in response to the pandemic. Toner has tried acting on his behalf, filling out and dropping off all the required paperwork at Service Ontario, but was informed Ben still needed to come in to have a new photo taken.

 

Toner hopes changes will be made before then, but said so far calls to elected officials on both sides of the aisle have gone unheard.

 

“These are the people who need their help most,” she said. “I thought maybe somebody would take up the torch for us, but obviously not.”

 

The government’s stance is that it’s looking at expanding online services and encourages anybody who is having difficulties renewing their health card to call Service Ontario. The province refused to provide an on-the-record statement for this story.

Crystal Barnard has been in and out of hospital for months following major back surgery. Like Ben, she also has an expired health card and no driver’s licence and is faced with a similar dilemma where there’s “no way” she can go to a Service Ontario herself.

 

“When it comes to disabled people, we end up having all sorts of hoops and cracks to jump over in order to do things ourselves,” said Barnard.

 

Come February, she said she will have to find a doctor to sign a medical exemption form. To complicate matters she doesn’t have a family doctor. Then she’ll have to get her father — who requires two canes to walk — to drop off the forms at a Service Ontario location for her. They’re hoping she can reuse her photo from her old health card.

 

“If they could find a way that renewing online could be made possible for everybody involved, disabled and able-bodied people alike, it would just be so much easier all around,” said Barnard.

“It would equal the playing field for everybody.”

 

Anthony Frisina, a disability advocate who uses a wheelchair, said the current system is a “huge complication.” It doesn’t factor in that people without driver’s licences face more challenges getting to a Service Ontario location than those who drive, such as needing to rely on public transportation and facing accessibility barriers.

 

And getting someone to go in their place is problematic, too, he said.

 

“You want to be in control of your own issues, your own quality of life and your actual activities of daily living.”

 

 

 

EXHIBIT K

 

THIS IS EXHIBIT K TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

 

Text of December 6 Question Period on Government Services

Session: 42:2

Date: Monday, December 06, 2021

Link: http://hansardindex.ontla.on.ca/hansardeissue/42-2/l029.htm

 

GOVERNMENT SERVICES

Ms. Jill Andrew: Speaker, my question is to the Premier.

Earlier this month, I wrote a letter to the Minister of Government and Consumer Services and the Minister of Health about an important issue raised by one of my local constituents. We’re all still waiting for a response. When she went to renew her OHIP card using the online service, she found it was only available to those who hold an Ontario driver’s licence. This is exceptionally limiting for her as a person with a specific disability that prevents her from driving.

The CNIB Foundation in my riding also flagged this issue to the ministry over two years ago, noting how this system requirement excludes people who are blind, partially blind or blind-deaf across Ontario.

With expired health cards no longer accepted as of February 2022, what is the government doing to remove this barrier that disproportionately impacts people with disabilities?

The Speaker (Hon. Ted Arnott): Minister of Government and Consumer Services.

Hon. Ross Romano: Thank you to the member opposite for the question.

I want to be very clear, first and foremost, that you can renew your health card the same way you always could renew your health card: at a service counter at a ServiceOntario. That hasn’t changed in any way, shape or form.

Speaker, what our government has done with our modernization efforts—which we are very proud of, as we continue to work towards modernizing Ontario, making sure that we have a process that is digital-first, not digital only. All of our health cards can be renewed, and at the present time there is a process that requires the driver’s licence to be used for that purpose. Along with our great Minister of Health, we have been working towards trying to ensure that there are additional ways that we could get our health cards renewed, just like all of the other cards.

But I want to be crystal clear that the way in which you would have renewed your health card in the past still exists. You can still do the same type of renewal processes that you always could. We are just making it better.

The Speaker (Hon. Ted Arnott): Supplementary question.

Ms. Jill Andrew: Speaker, modernizing systems shouldn’t leave people with disabilities behind.

My supplementary question is again to the Premier.

The CNIB, as I said, flagged this issue to the government over two years ago, so the two-year delay in fixing this glitch is inexcusable.

Sadly, this government doesn’t have a good track record, frankly, with accessibility issues. In 2019, the AODA report by David Onley described this government’s progress to meeting the 2025 accessibility action plan as glacial, and in the over 1,000 days that have followed, there has been utter inaction.

This government’s failure to consider how the driver’s licence requirement would unfairly burden people with disabilities who are unable to drive wasn’t just inconvenient. It is actually discrimination.

Can this government explain what they’re doing to consult specifically with disability advocates to lift not just this barrier towards full accessibility but every other one that still exists in this province, to meet the 2025 commitment?

The Speaker (Hon. Ted Arnott): Government House leader.

Hon. Paul Calandra: As I mentioned last week in the House, I know that the minister is working very diligently on this. We understand how important it is to have all communities have access throughout the province of Ontario—something that we have to work with in conjunction with our municipal partners and our federal partners.

At the same time, we recognize the contributions of Mr. Onley in that report.

As I said last week, the minister will have more to say on this in the future.

 

 

EXHIBIT L

 

THIS IS EXHIBIT L TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Text of Letter from NDP MPP Joel Harden to the Minister of Government and Consumer Services

Hon. Ross Romano
Minister of Government and Consumer Services
5^th Floor, 777 Bay Street
Toronto, ON
M7A 2J3

December 7, 2021

Dear Minister Romano,

 

I have become aware of a provision which requires a person to have a valid driver’s license number to renew their Ontario health card online. This process is discriminatory to Ontarians who cannot or do not drive, and I’m writing to urge you to fix this situation and make it more inclusive to everyone.

 

Take, for example, the over 700,000 Ontarians with sight loss who cannot drive. The CNIB, which has a Community Hub located in Ottawa Centre, is hearing from many of our constituents who are blind or partially-sighted, and are disproportionately affected by this provision. They’re having to go in-person to ServiceOntario centres to renew their health card. This is particularly concerning in the context of COVID-19, when the province is urging people to avoid in-person visits to ServiceOntario centres unless absolutely necessary.

 

This provision also disproportionately affects other groups of Ontarians, including seniors who have given up their driver’s licenses, the broader disability community and those with chronic health conditions.

 

I hope you can work with the department to quickly remedy this process and make it accessible to all so that everyone has access to the full suite of services offered by ServiceOntario in an inclusive way.

 

I look forward to hearing from you.

 

Sincerely,

 

Joel Harden

Critic for Accessibility & Persons with Disabilities

MPP for Ottawa Centre

CC: Hon. Christine Elliott, Minister of Health
Lillian Duda, Assistant Deputy Minister (Acting), MGCS, ServiceOntario, Central Services Division
Hon. Raymond Cho, Minister of Seniors & Accessibility

 

 

EXHIBIT M

 

THIS IS EXHIBIT M TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Title: Ontario Human Rights Commission letter to Ontario government ministers on the online health card renewal service

Date: December 20, 2021

Source: Ontario Human Rights Commission, Patricia DeGuire (Chief Commissioner)

Link: https://www.ohrc.on.ca/en/news_centre/ohrc-letter-ontario-government-ministers-online-health-card-renewal-service

 

Hon. Christine Elliott, Minister of Health

Hon. Ross Romano, Minister of Government and Consumer Services

Hon. Caroline Mulroney, Minister of Transportation

 

Dear Ministers:

 

Re: Online Health Card Renewal Service

 

I am writing about concerns over the new online government service for obtaining health card renewals that have been brought to my attention.

 

The Human Rights Code requires proactive planning to prevent or remove barriers to people with disabilities and older adults in services. I am writing to encourage you to make sure people with disabilities and older adults will have the same opportunity as others to obtain the health card renewal online.

 

This online service allows citizens to renew their health card online if they have a current driver’s license and meet other criteria such as not needing a new photo (which is required every 10 years). However, many citizens with disabilities do not have a driver’s license. As many people with disabilities also face barriers in travel and may be more vulnerable in any exposure to COVID-19, it is especially important that they be able to access, use and benefit from the convenience of any online services available to avoid travel and in person services.

 

Several years ago, the Ministry of Transportation introduced the Ontario Photo Card at the request of the disability community. This was an excellent initiative to offer people with disabilities and others who do not have a driver’s license an equal opportunity to obtain an official government identification card with a photo. Unfortunately, the Ontario Photo Card is not accepted as identification in the new online health card renewal system, so many people with disabilities are unable to use this option.

 

I recognize that health card renewals have not been required during COVID-19, but understand that this requirement will be reinstated in February 2022. People with disabilities may need to plan significantly ahead to ensure their health card is renewed. I would welcome hearing of your plan to address this barrier for people with disabilities and older adults, so they may equally benefit from the new online service.

 

It may also be helpful to consider whether a policy or procedure may be needed to ensure the needs of people with disabilities and older adults are considered and addressed in future service offerings.

 

Sincerely,

 

 

Patricia DeGuire

Chief Commissioner

 

cc: Hon. Raymond Cho, Minister for Seniors and Accessibility

OHRC Commissioners

 

 

 

EXHIBIT N

 

THIS IS EXHIBIT N TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

 

December 20, 2021 AODA Alliance News Release

ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

 

As Omicron Surges, Ford Government Flagrantly Discriminates Against Many Ontarians with Disabilities in Access to Health Care, by Requiring A Driver’s License to Renew Ontario Health Card Online

 

Toronto December 20, 2021: As COVID-19 surges, the Ford Government’s online process for renewing a health card blatantly discriminates against many Ontarians with disabilities in their access to health care. The Ford Government now requires that expired health cards be renewed by February 28, 2022. To avoid risking exposure to COVID-19 by going to a Service Ontario office, a person can conveniently renew their health card online, but only if they have a driver’s license.

 

This obvious disability discrimination violates the Ontario Human Rights Code and section 15 of the Charter of Rights. Many people with disabilities, such as blind people, cannot get a driver’s license. Doug Ford forces them to go to a Service Ontario venue to renew their health card, risking exposure to COVID-19. A person with vision loss or certain other disabilities faces additional challenges in maintaining safe social distancing at Service Ontario venues due to their disability.

 

Ford Government Piled Discrimination Upon Discrimination

 

The Ford Government compounds this disability discrimination. It does not allow a person with an official Ontario Government Photo Identification Card to renew their health card online.

Years ago, the Ontario Government commendably established a new official Ontario Government Photo Identification Card to serve as official personal identification, equivalent to a driver’s license. It was created largely after advocacy by people with disabilities who cannot get a driver’s license. There is no compelling reason why the Ontario Photo Identification Card should be insufficient to let a person renew their health card online.

 

Ford Government Has No Defence

 

“The Ford Government’s disability discrimination is indefensible,” said AODA Alliance chair David Lepofsky, who, as a blind person, is directly victimized by these disability barriers. “The Government cannot prove that accommodating people with disabilities causes undue hardship.”

 

The driver’s license requirement for renewing a health card online is also problematic for those with no disability and no driver’s license. However, that does not diminish this as disability discrimination.

 

Ford Government’s Broken Promises to Ontarians with Disabilities

 

The Ford Government pledged that it would lead by example on accessibility for people with disabilities. This disability discrimination leads by a terrible example. It also violates the Ford Government’s commitment to undertake a cross-Government approach to disability accessibility so that all Government operations will implement accessibility in their work.

This disability discrimination flies in the face of Doug Ford’s solemn pledge made in a letter to the AODA Alliance on May 15, 2018  during the 2018 Ontario election that

 

” Your issues are close to the hearts of our Ontario PC Caucus and Candidates, which is why they will play an outstanding role in shaping policy for the Ontario PC Party to assist Ontarians in need.”

 

How and Why Did the Ford Government Create this New Disability Barrier?

 

This disability discrimination should have been transparently obvious to the Ford Government. The Government should have identified this disability barrier and addressed it before it decided to require Ontarians to renew their expired health cards by February 28, 2022. This is not rocket science.

 

The creation of this new disability barrier is especially harmful because it took place over one year into the COVID-19 pandemic. Ontarians with disabilities have faced too many other disability barriers in access to health care during this pandemic. This has included such things as disability barriers when booking vaccinations, disability barriers in the vaccine passport system, and disability discrimination in the critical care triage protocol that the Ford Government has allowed to be entrenched in hospital emergency rooms and intensive care wards. People with disabilities have disproportionately died from COVID-19, as illustrated most painfully in Ontario’s crisis-ridden long-term care homes.

 

With the Omicron variant surging and infection rates rapidly skyrocketing, the Ford Government’s failure to publicly admit to this barrier that it created, and its failure to have fixed it by now, escalates the harm to Ontarians with disabilities. The Ford Government’s high-handed response to this issue is demonstrated by its refusal to respond to CBC on-the-record when CBC first reported on this issue in its November 21, 2021 article, fully one month ago. CBC’s report includes:

“The province refused to provide an on-the-record statement for this story.”

 

In light of the high profile that the COVID-19 pandemic has received, and the Government’s claim that public health and safety has been a top priority, people with disabilities can reasonably wonder whether anyone within the Ontario Public Service earlier flagged for the Government this disability barrier in online health card renewals. If they did, did the issue get escalated or buried within the Public Service? How many internal Government failures led Ontario to this point?

 

Even before the pandemic, Ontario’s health care system was replete with many health care disability barriers. These are documented in the initial report of the Health Care Standards Development Committee which the Ford Government made public on May 7, 2021. They are also addressed in the AODA Alliance’s August 3, 2021 brief to the Government-appointed Health Care Standards Development Committee

 

These new disability barriers also fly in the face of the Accessibility for Ontarians with Disabilities Act. The AODA requires the Ontario Government to lead Ontario to become accessible to people with disabilities by 2025. The Government-appointed Independent Review of the AODA by former Lieutenant Governor David Onley concluded that Ontario is far behind that mandatory legal deadline. The Ford Government still has no comprehensive plan to reach that target.

 

A Clear, Obvious and Urgent Need for Corrective Action

 

People with disabilities should never feel that they must expose themselves to the danger of contracting COVID-19 by going to a Service Ontario office, just to ensure that they can continue to receive health care in Ontario. The Ford Government needs to now fix this cruel irony. For example, it should announce these actions:

 

1. The Ford Government should immediately enable people to renew their health card online if they have an Ontario Photo Identification Card.

 

2. The Ford Government should immediately enable people to renew their official Ontario Photo Identification Card online if it is expired.

 

3. The Ford Government should immediately create and widely publicize an easy-to-use accessible means for people with disabilities to renew their health card if they cannot do so online, without having to personally go to a Service Ontario office and risk exposure to COVID-19, such as through a phone service that is sufficiently staffed to avoid long waits on hold.

 

4. The Ford Government should investigate and report to the public on how it allowed this obvious disability barrier to be created in the midst of the COVID-19 pandemic, exposing people with disabilities to further dangers to their health.

 

Contact: AODA Alliance Chair David Lepofsky, aodafeedback@gmail.com Twitter: @aodaalliance

 

For more background, read:

 

1. The AODA Alliance website’s COVID-19 page, identifying the many new barriers people with disabilities have faced during the COVID-19 pandemic.
2. The AODA Alliance website’s health care page, identifying the many barriers people with disabilities face in Ontario’s health care system.

 

3. The AODA Alliance’s November 22, 2021 Letter to Ontario Party Leaders seeking election pledges on accessibility for people with disabilities.

 

4. The widely-viewed captioned online presentation by AODA Alliance Chair David Lepofsky (who is a visiting law professor at the Osgoode Hall Law School) on the duty to accommodate people with disabilities under the Ontario Human Rights Code and the Charter of Rights.

 

 

EXHIBIT O

 

THIS IS EXHIBIT O TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

2. Correction to the December 20, 2021 News Release Regarding Online Renewals of Ontario Health Cards

 

The December 20, 2021, AODA Alliance news release correctly described how the Ford Government is engaging in obvious disability discrimination where it requires a person to have a driver’s license to renew their Ontario Health Card online. However, that news release incorrectly stated that a person who has an Ontario Photo Identification Card (created as official ID for those with no driver’s license) cannot renew that Photo Identification Card online. It turns out that one can renew the Ontario Photo Identification Card online at a Government web page designed for that purpose.

 

We regret the error. Accuracy of our news releases and AODA Alliance Updates is very important to us. We thank the AODA Alliance supporter who quickly contacted us to report to us the inaccuracy of our news release.

 

That inaccuracy in our original news release (which we quickly corrected on the AODA Alliance website) does not take away from the fact that the Ford Government needs to now remove the disability discrimination from its online process for renewing one’s Ontario Health Card and needs to publicly account for how it let this happen in the first place.

 

 

 

EXHIBIT P

 

THIS IS EXHIBIT P TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Text of a January 18, 2022 Email from David Lepofsky to Alison Drummond

I am deeply concerned about your unexplained proposal to delay our January 25, 2022 meeting. As it is, I have been very troubled by the meeting having been put off to January 25. The subject is increasingly urgent.

As you know, at the December 16, 2022 high level meeting on this topic, a follow-up meeting was suggested (by the Deputy Minister of Government and Consumer Services, if I recall correctly) for some time early the following week. That was due to her stating that she recognized the importance and time sensitivity of the issue.

It has now been over a month since that meeting. The Government has publicly announced no measures to fix this, nor any intention to do so. I have received no further information from the Government on steps to be taken to fix it, if any, nor any deadline for it to be fixed.

This concerns health issues in the middle of an unprecedented pandemic surge. It affects many, many people who, like me, understandably would not want to have to go to a Service Ontario office to renew their health card. We should not have to undergo an obvious health risk in the midst of this pandemic surge, in order to preserve our access to health care.

Why can’t I be updated now, much less on January 25, 2022, especially given that it was the Government that asked to delay this meeting to that time.

 

 

 

EXHIBIT Q

 

THIS IS EXHIBIT Q TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Text of January 19, 2022 Eamail from David Lepofsky to Alison Drummond

Via Email

To: Alison Drummond, Acting Assistant Deputy Minister for Seniors and Accessibility

From: David Lepofsky

Date: January 19, 2022

I’m writing as a follow-up to our Zoom discussion at 4:30 pm today.

To sum up my understanding, the Ontario Government is still looking into what it do regarding the fact that online health card renewals can only be done if one has an Ontario driver’s license. As an official of the Ministry for Seniors and Accessibility, you have spoken to me on behalf of the Government, but neither you nor your Ministry has operational responsibility for this issue. As I understand it, you are the messenger. (My characterization, not yours)

You in substance reiterated information I was told during the December 16, 2022 Zoom call I had on this issue with various senior Government officials. I learned little if anything new.

Addressing this issue involves the Ministry of Government and Consumer Services, the Ministry of Health, Service Ontario and the Ministry of Transportation. I learned from you that the Ontario Photo ID Card comes under the Ministry of Transportation, which is also responsible for driver’s licenses. You explained that these Ministries are now working on the issue.

However, there has been no Government commitment to extend the expired Ontario Health Cards beyond February 28, 2022, if this problem is not now effectively solved. I have been given no assurance of the changes that will be instituted for Health Card renewal, nor any time line for them to be instituted, nor any time line for when a complete answer to these issues will be conveyed to us or to the public.

You told me that they are looking into the possibility of allowing a person with an Ontario Photo Identification Card to use it to renew their Health Card online, which could benefit some 750,000 people. The Ministry of Health is considering a phased approach to allowing this.

As I explained, we need the Government to now announce that it is extending the February 28, 2022 deadline for renewing expired Health Cards, and to tell the public that people need not attend Service Ontario in person to renew expired Health Cards before that date. Everyone who now feels that they must go to Service Ontario in person or lose their health care coverage is placed by the Government in a horrible situation. They must risk exposure to Omicron or they must risk losing health care coverage while their Health Card is treated as expired.

I explained to you that I am not going to refuse to meet any deputy ministers or other public officials, whenever they are prepared to make themselves available to meet to discuss this issue. I believe it is important to have that meeting on January 25, 2022. However, if by January 25, 2022 the Government has not extended the February 28., 2022 deadline for renewing expired Health Cards, and if by then the Government has not eliminated the disability discrimination from its Health Card renewal system, I will not be able to simply wait for another later meeting in hopes that the Government may by then have more specific plans. There is no assurance given to me that the Government will do anything about this before February 28, 2022, if ever.

On behalf of the Government, you indicated during our virtual meeting that a consideration is that there are stringent proof of identity and residency requirements to qualify to renew a Health Card. From what I understand, one can use a driver’s license to renew a Health Card online while absent from Ontario. If so, then the driver’s license may not be proof positive that a person has sufficient residence in Ontario for OHIP purposes. Please let me know if my understanding is incorrect.

As discussed, it would be helpful to know the Government’s position on whether it must enact regulations to take any of the steps I list below, or whether in the Government’s understanding, these are measures that can be taken by the General Manager of OHIP or some other public officials, without needing a regulation to be enacted.

To reiterate, what is needed to fix this problem includes the following:

1. Extending the period beyond February 28, 2022 when expired Ontario Health Cards will be permitted for receiving health service. This should be extended until the disability discrimination in the Health Card renewal process is eliminated.
2. Permitting people with an Ontario Photo ID Card to renew their Health Card online, and
3. For the benefit of people with no Ontario driver’s license and Ontario Photo ID Card, establishing a way to renew their Health Card remotely, e.g. by creating something like a virtual Service Ontario Office, with its own Zoom room or like facility. This should accommodate people who do not have computer access.

Can you please share this email with your colleagues at the other affected Ministries. Can you let me know if by January 25, 2022, the Government will at the very least announce the extension of the time period during which people can use expired Ontario Health Cards. Let me know if I got anything wrong in this email.

Please confirm that you received this. Stay safe.

Sincerely,

 

David Lepofsky CM, O. Ont

Chair Accessibility for Ontarians with Disabilities Act Alliance

Twitter: @davidlepofsky

 

 

EXHIBIT R

 

THIS IS EXHIBIT R TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

 

Text of January 25, 2022 Email from David Lepofsky to Alison Drummond

To: Alison Drummond, Acting Assistant Deputy Minister for Seniors and Accessibility alison.drummond@ontario.ca

From: David Lepofsky, Chair, AODA Alliance

Date: January 25, 2022

 

Re: Disability Barriers to Renewing Health Cards Online

 

I set out key points from the virtual meeting you and I had with Assistant Deputy Ministers from the Ministry of Health and Service Ontario. Among those attending this meeting was the General Manager of the Ontario Health Insurance Plan (OHIP).

 

At this follow-up to the December 16, 2021 meeting, I was told that the Government is working on enabling as soon as possible the ability for a person to renew an Ontario Health Card online, using an Ontario Photo ID Card in lieu of a driver’s licence. This is to be up and running by May 2022.

 

I was told that by early February 2022, the Government will have in place a means for a member of the public to renew their Health Card online, through a mail-in application, using one’s Photo ID Card in lieu of a driver’s license. Among other things, a person will fill in the number of their Photo ID Card on the mail-in application, and will not have to mail in their actual Photo ID Card.

 

I was also told that it has been decided that the Ministry of Health will notify physicians through the Ministry of Health’s avenues for sending out bulletins and notifications to them, that after February 28, 2022, an Ontario Health Card is to continue to be treated as valid even if it appears on its face to have expired. Those holding an expired Ontario Health Card will be able to continue after February 28, 2022 to receive OHIP coverage for insured health services.

 

However, I was also told that it had been decided that the Government would not extend the February 28, 2022 deadline for renewing an expired Ontario Health Card. The Government has also decided not to notify the public that individuals with an expired Ontario Health Card will be able to continue to receive OHIP coverage for insured health services after February 28, 2022.

I twice asked why the February 28, 2022 deadline is not being extended, given the foregoing, and why the Government decided not to tell the public that individuals can continue to receive OHIP coverage for insured services after February 28, 2022, even if their Health Card appears on its face to be expired by that date. I was given no reasons for this. I afforded all present a clear and fair opportunity to give reasons, and made it clear that in whatever was said to me at this meeting, I was not given any reasons for this.

 

I asked what plans, if any, the Government has to establish a means, such as a virtual Service Ontario office accessible via Zoom, for a member of the public to renew an expired Health Card, in circumstances where that person has no driver’s license and no Ontario Photo ID Card. I noted that before the pandemic, none of us would have known to get an Ontario Photo ID Card in order to be able to renew our Health Card online during a pandemic or otherwise.

 

I was told that this idea is on the Government’s radar, and that it is being looked into longer term, as the Government explores other digital options. However, there was no specific information to share with me about it at this meeting.

 

In response to all this information, I stated that while progress on this is appreciated, the information provided does not resolve the disability discrimination that now exists. For example:

 

1. People holding an expired Ontario Health Card and a valid Ontario Photo ID Card will have no way to know that they can continue to present their expired Health Card and receive health care with OHIP coverage, after February 28, 2022. All they know is what the Government has publicly told them, which is the very opposite.

 

2. This means that people in my situation will continue to experience the cruel and unfair choice of either losing health coverage, or having to go now to Service Ontario in person at the risk of being exposed to the highly-infectious and rapidly spreading Omicron virus.

 

3. A mail-in option, while an improvement for some, can present disability barriers for people whose disability does not enable them to complete such a form by themselves. Some live alone. People will not want to have to expose themselves to the risk of getting infected by having someone help them with this in person.

 

4. There is a real risk in this huge province that some health care providers, or those working at their front desks, won’t get the word from the Province that they are to continue to accept expired Ontario Health Cards after February 28, 2022. Indeed, what they all have heard up to now is the well-publicized fact that the opposite is the case. With the pandemic so pervasive, and with so many getting infected, there is an increased chance that people like me will encounter a replacement worker when we present our Health Cards for health services, who may well not have fully understood the confusing mixed messages that will have come from the Ontario Government.

 

5. The measures to which the Government committed at our meeting, and detailed above, do nothing to remove the disability discrimination facing people with an expired Health Card, no driver’s licence and no Ontario Photo ID Card.

 

I asked to be given a chance to speak to the principals of those speaking to me at this meeting (such as the deputy ministers) who were further up the ladder in the Government, and who are deciding on these issues. I also explained that this is an urgent matter that needs to be corrected now. We cannot wait. At the very least, the Government should now widely and publicly announce to all, including the public, that expired Ontario Health Cards are extended past February 28, 2022 and that they can continued to be used to get insured health services after February 28, 2022.

 

Sincerely,

 

David Lepofsky CM, O. Ont

Chair Accessibility for Ontarians with Disabilities Act Alliance

Twitter: @davidlepofsky

 

 

CC: Patrick Dicerni

Assistant Deputy Minister, Executive Officer & General Manager | OHIP, Pharmaceuticals and Devices Division (Health) patrick.dicerni@ontario.ca

 

Pauline Ryan

Director | Health Insurance Branch (Health) pauline.ryan@ontario.ca

 

Joanne Anderson

Assistant Deputy Minister (Acting) | Operational Support Division (Government and Consumer Services) | Joanne.Anderson3@ontario.ca

 

 

 

EXHIBIT S

 

THIS IS EXHIBIT S TO THE AFFIDAVIT OF

DAVID LEPOFSKY AFFIRMED THIS 31^ST DAY OF

JANUARY 2022

 

_____________________________________

A COMMISSIONER FOR OATHS, ETC.

 

Text of January 26, 2022 AODA Alliance News Release

 

ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

 

Disability Rights Advocate Files Court Application Today Against Ford Government for Discriminating Against Blind People Like Him by Only Allowing Online Renewal of an Expired Health Card if a Person Has a Driver’s License – Ontario’s Own Official Photo ID Card isn’t Accepted

 

January 26, 2022 Toronto: Today, a blind disability rights advocate is filing an urgent court application contending that the Ford Government unlawfully discriminates against people with disabilities by only letting a person renew an expired Ontario Health Card online if they have a driver’s license. The Government will not accept its own Ontario Photo ID Card, created as official ID equal to a driver’s license.

 

“This is blatant disability discrimination in access to health care services in the midst of a pandemic”, said David Lepofsky, the case’s applicant, a lawyer and disability rights law professor. “We blind people can’t get a driver’s license!”

 

Yesterday, the story got more mind-boggling. At a virtual meeting yesterday, Government officials told Lepofsky that Ontarians will be able to renew an expired Health Card online using an Ontario Photo ID Card in lieu of a driver’s license, in effect conceding that this should be available. However, that won’t start until May. See Lepofsky’s letter to the Government about that meeting, below.

 

Also in effect conceding that the status quo is wrong, the Government told Lepofsky that starting in early February, the Government will let Ontarians apply by mail to renew an expired Ontario Health Card using an Ontario Photo ID Card in lieu of a driver’s license. While helpful for some, a mail-in application creates barriers for some people with disabilities.

 

There’s a more bizarre twist. In March 2020, the Government wisely decided that Ontarians can use expired Health Cards to get health services. This saved people from risking catching COVID-19 by going to Service Ontario in person to renew a Health Card. However, last fall, the Government declared that expired Health Cards must be renewed by February 28, 2022.

 

The Government has been asked to extend the February 28 deadline, so that people like Lepofsky don’t have to go to Service Ontario, and risk catching COVID, to preserve OHIP coverage. Yesterday, officials told Lepofsky that OHIP will tell physicians that after February 28, expired Ontario Health Cards are to continue to be treated as valid. However, inexplicably, the Government won’t extend the February 28 deadline for renewing expired Ontario Health Cards. It won’t tell the public that people with expired Health Cards can keep getting OHIP coverage after February 28.

 

“People have no way to know that they can continue to use an expired Health Card and receive health care with OHIP coverage after February 28,” said Lepofsky. “All they know is what the Government has publicly told them, which is that a Health Card must be renewed by February 28, to use it after that date.

 

This means people will unnecessary risk getting COVID-19 by going to Service Ontario to renew their Health Card when they don’t need to do so. There is also a danger that some health care providers won’t get the word that they are to continue to accept expired Ontario Health Cards after February.

 

Contact: AODA Alliance Chair David Lepofsky, aodafeedback@gmail.com Twitter: @aodaalliance