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C-81: Accessible Canada Bill

Excerpt from Debates of the Senate (Hansard)
Monday, May 13, 2019

Accessible Canada Bill
Third Reading

Hon. Marty Deacon: Honourable senators, I rise to speak to Bill C-81, An Act to ensure a barrier-free Canada. I have listened with great interest to my colleagues, as well as to the many witnesses we had at the Social Affairs Committee. I speak today to share with you my perspective, my story, based on a lifetime of learning and action in this very important area.

When I arrived in Senate 15 months ago, there was much to learn; there is still much to learn. For instance, when I arrived here, I had incorrectly assumed that accessibility had already been addressed as a national issue with a fulsome national strategy. Why? Because my own formal leadership on accessibility began in Ontario, 14 years ago. I thought — silly me — that the same regulations were being mandated nationally, given how much time had elapsed since this successful law in Ontario was implemented and began its implementation in 2005.

Honourable senators, 2019 is far too late in the game to be discussing and mandating accessibility for all at the federal level, and it’s why the bill before us is so important.
In my previous life, as an educator, every day I was faced with an issue by a student, their family, a teacher or a community member who challenged fair, equitable and inclusive access. One case — and sometimes it just takes one — in particular crystallized for me what would be become a lifetime commitment to universal accessibility.
Imagine now a single mother with six children, all under the age of 10. Three of them carry the positive gene for Duchenne’s disease, a severe type of muscular dystrophy that over time reduces muscular function. It eventually results in the young person being immobilized, weakened and in need of a wheelchair.

The family survives on a low income, and, frankly, the school and the community are their lifeline. As principal of the school, on a one-floor facility, my staff and I gave the family everything we had, from meals to fundraisers, to transportation, to tutoring, and finally to the purchase of a well-used wheelchair for her oldest son, Ricky.

This school goes up to Grade 6, and now it becomes time for Ricky to graduate from junior school and move on to middle school. We meet with a team of educators and medical support people to determine the best plan for Ricky. As a former secondary school administrator, new to elementary administration, I learn that due to Ricky’s physical needs he will not be able to attend the middle school just down the road. There are just too many accessibility issues. Eventually, I learn that he will have to take a 50-minute bus ride to the nearest school that will provide some sort of wheelchair access.

How do I tell his mother, with so much on her plate already, that her son will now spend over 100 minutes a day with strangers, with different untrained bus drivers, travelling on several highways, with no significant network of support, and that in two years, if Ricky is able to keep on attending school, his ride to high school will be even more challenging and disconnected with yet another group of young people, all at the same time his condition worsens and that in two years she will have to go through this all over again with her next child?

As it turned out, it was a hard lesson I needed to learn. This was in 2005, the same year that the Ontarians with Disabilities Act became law. As you know, the act was aimed at identifying, removing and preventing barriers for people with disabilities. It applied then to government, non-profit and private sector businesses in Ontario that have one or more employees.

My own school board needed an established leader to commit to this AODA work for at least three years. Somewhat fortuitously, I was invited to take on this role. It was going to be tough work, very political, but an opportunity to bring many internal and external stakeholders together to do the right thing. Most of the table I worked with was represented by those representing diverse accessibility needs in our community. My job would be to ensure that all aspects of the act were being addressed, that all staff and volunteers were trained, that we had an accessibility policy and procedures, and that we had a multi-year accessibility plan with annual public updates, timelines and monitoring in place. I continued this leadership for 10 years. The work was ongoing and a challenge politically, financially and ensuring equity while the voices of all were heard.

Senator Moncion highlighted her work related to the AODA at second reading. I will not repeat her message. However, I will indicate how the “visible” and “invisible” needs of those with a disability are far-reaching and diverse. We started with the built environment and spaces in 130 buildings and new builds. I learned more about architecture, facility design, ramps, lifts, nine styles of elevators, more than I dreamed possible. One basic washroom to upgrade for one child was $35,000; one elevator was half a million dollars. How do you prioritize? Every student matters.

These are the more visible physical needs we are familiar with. It’s the invisible needs that are often overlooked; that is, making sure every individual — just as we do in the Senate — feels they are part of their community.

As a result of deep consultation, we were determined that every decision had to result in our students being able to attend a school within their family of schools, which is a geographically smaller region. This would not be the closest to their home, perhaps, but still in their community — full stop. We had to find the way and we did. Every decision was and continues to be backward mapped with this in mind; that is, to find a way to keep our students and families in their community.

Honourable senators, imagine your son or daughter being told they could go on a bus for a class trip with their classmates on a bus all by themselves — not with their friends, not with their peers.

One of my proudest moments was meeting with 200 bus drivers, getting some buses retrofitted, modified and ensuring more of our students could travel and experience being with their classmates. The visible need was physically getting the student to their destination by ensuring the best barrier-free environment. The invisible need was ensuring the student would not be stigmatized on a separate bus and they could contribute and participate in this class trip to the same extent as their peers — something they deserve.
This is why this legislation is so important. It will aim to make federally regulated entities so much more accessible. However, it will also unlock the potential of a huge group of Canadians who have been held back in one way or another. It will allow them to participate and contribute to their community in ways that, quite frankly, they should have been able to do long ago. With this legislation, Canada could become a world leader in accessibly. This leadership is sorely needed.

In my role as an international coach and sports leader travelling internationally, I saw first-hand and continue to see first-hand the great disparity in the respect and understanding of what it means to try to embrace and provide support for those with a disability. I observed countries that “hid” those with disabilities, countries whose representatives said to my face, “We have no citizens with disabilities.” I watched first-hand a political leader of a G7 country, while on Canadian soil, say, “There is no place for athletes with a disability in a major sporting event.”

Thankfully, this culture is changing. I’m excited to say, after 12 years of advocacy, my sport will have its debut at the 2020 Paralympics in Tokyo. To get to this point, again, we had to educate the countries that did not support their para-athletes and para-children, and did not demonstrate their beliefs in accessibility or inclusion. This has taken over a decade.
This past weekend, at Carleton University in Ottawa, I was able to speak with families and para-athletes from many countries about what sport means to them, what it means to be barrier-free and the work that must still continue around the world. The passage of Bill C-81 for Canada will set the kind of example needed to keep this momentum going.
Senators, I want to shift my thinking before I wrap up. I want to thank the steering committee of the Social Affairs Committee — Senator Munson, Senator Seidman and our chair, Senator Petitclerc, for guiding us through such a comprehensive and in-depth process. You have heard that said earlier this evening. It is so very true. It was a collective effort by all groups and caucuses represented at committee, and that showed in fulsome but respectful discussions that played out at clause-by-clause consideration of the bill, which led to some good amendments in the legislation.
To the large but important number of Canadians who will be directly affected by this legislation, I can say to you with confidence that every member of the Social Affairs Committee has listened to your concerns. I want to thank the many individuals who gave us such compelling evidence at committee, as well as the hundreds who took the time to write and meet with us. Colleagues, many of these stakeholders have been advocating for years. They are very tired, exhausted but hopeful for the immediate passage of this bill.


While no piece of legislation is perfect, I am confident that the bill before us gives us a solid foundation and permission to rebuild our culture in the years to come. A senator last week reminded me that there is progress and there is perfection. This bill is no different. Bill C-81, the time for all is now. Thank you.

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