Letter: Follow Up to Expanding Health Card Renewal Services to Persons with Disabilities
February 14, 2022
ARCH Disability Law Centre is an Ontario-based specialty legal clinic that is dedicated to defending and advancing the equality rights of persons with disabilities.
We welcome the Government of Ontario’s recent announcement[1] extending the deadline to renew health cards in light of the exigencies of the pandemic, and allowing those with Ontario Photo Cards the same opportunity to renew online as those with a driver’s license in the coming months.
Letter: Expanding Health Card Renewal Services to Persons with Disabilities
January 26, 2022
We are writing with great urgency to underscore the serious impact that the upcoming renewal deadline for expired Ontario Health Cards of February 28, 2022 will have on many persons with disabilities in Ontario.
Many Ontarians with disabilities will not be able to renew their expired Ontario Health Card prior to the deadline safely and in a manner that would avoid having to attend in person at a ServiceOntario location. The medical exemption form does not alleviate barriers which the pandemic has only exacerbated. As the deadline approaches, we are increasingly being contacted by our communities regarding their concerns of this deadline and how it impacts their safety and critical access to healthcare.
Letter: Honourable Christine Elliott, Deputy Premier and Minister of Health of Ontario
October 22, 2021
I am writing on behalf of ARCH Disability Law Centre to express urgent concern about the Ministry’s guidance with respect to mandatory vaccines and the roll out of the Proof of Vaccination requirements, set out under Ontario Regulation 364/20. Our concerns are multifold, but centre around the discriminatory impact that these measures are having on persons with disabilities in Ontario.
Letter to College of Physicians and Surgeons of Ontario regarding Vaccine Passport Exemptions
September 22, 2021
I am writing on behalf of ARCH Disability Law Centre to express concern about your email correspondence to members of the College of Physicians and Surgeons of Ontario on September 1, 2021 and the College’s messaging shared on the FAQ section of its website, last updated on the same date.
This messaging addresses physicians’ obligations regarding supporting documentation for medical exemptions from receiving a COVID-19 vaccine. Specifically, this messaging indicates that there are only two “acceptable” medical exemptions – 1) a severe allergy or anaphylactic reaction to a previous dose of a COVID-19 vaccine or any of its components, confirmed by an allergist/immunologist, that cannot be mitigated; and 2) a diagnosed episode of myocarditis/pericarditis after receipt of an mRNA vaccine.
FOR IMMEDIATE RELEASE: Human Rights Tribunal of Ontario finds that Visitor Restriction Policy Discriminated Against Child with Disabilities
March 23, 3021
The Human Rights Tribunal of Ontario released an important decision about the impact of COVID-19 visitor restrictions on the rights of children and youth with disabilities living in congregate care homes. In JL v Empower Simcoe, 2021 HRTO 222, the Tribunal found that the visitor restrictions implemented by a service agency discriminated against the applicant who is a 14 year old youth with multiple disabilities.
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COVID-19 Factsheet – Getting Life Saving Medical Care in Hospitals during the COVID-19 Pandemic – PLAIN LANGUAGE VERSION
April 21, 2021
This is a plain language version of “Accessing Critical Care in Hospitals during the COVID-19 Pandemic. This Factsheet gives information about the law. This information is for people with disabilities who may need critical medical care in hospitals in Ontario during the COVID-19 pandemic.
COVID-19 Factsheet – Accessing Critical Care in Hospitals during the COVID-19 Pandemic
April 20, 2021
This Factsheet provides legal information and advocacy tips to people with disabilities who require critical health care in Ontario during the COVID-19 pandemic.
NEWS RELEASE – FOR IMMEDIATE RELEASE – Six Bio-Ethicists on Ontario Government’s “Bioethics Table” Confirm Ongoing Concerns Raised by Disability Organizations regarding the Discriminatory and Secret Plans for the Triaging of Critical Care
April 19, 2021
Serious objections that have been raised by disability groups for over one year regarding Ontario’s plans for triaging life-saving critical care have been validated and echoed by a number of the very individuals that were advising the Ontario Government on it.
In a revealing article by six bio-ethicists that advised the Government on what should be included in Ontario’s directions for rationing life-saving critical care, alarm bells continue to be rung with serious concerns that they raise including: the lack of transparency and public engagement in developing the Triage Protocol, the failure to consider social determinants of health, the prioritization of utilitarianism over human rights, and the reliance on problematic clinical tools that compound health inequities.
ARCH Disability Law Centre Supports Call for Ontario Government to Clarify the Status of the Triage Protocol
April 14, 2021
ARCH welcomes the call released today by bioethicists who were, or are, members of the Bioethics Table struck by the Ontario Government in March 2020 and who were directly involved in developing the Triage Protocol. These members of the Bioethics Table express multiple concerns including, the lack of transparency and public engagement in developing the Triage Protocol, the failure to consider social determinants of health, the prioritization of utilitarianism over human rights, and the reliance on problematic clinical tools that compound health inequities.
Letter to the College of Physicians and Surgeons of Ontario regarding Triaging of Critical Care in Ontario
April 13, 2021
Dear Dr. Whitmore:
Re: Triaging of Critical Care in Ontario
I am writing on behalf of ARCH Disability Law Centre in response to your email correspondence to members of the College of Physicians and Surgeons of Ontario on April 8, 2021, and the College’s subsequent response to the AODA Alliance dated April 12, 2021. ARCH shares the concerns raised by the AODA Alliance in its April 9th and April 13th letters.
ARCH Disability Law Centre Statement on Need for Transparency and Ongoing Concern with Discriminatory Measures to Address ICU Capacity
April 8, 2021
ARCH Disability Law Centre again urges the Ontario Government to rescind the Emergency Standard of Care (Emergency Standard) distributed to all Ontario Hospitals on or about January 13, 2021. ARCH further calls upon the Ontario Government to clearly state that it will not suspend provisions of the Health Care Consent Act which would enable doctors to withdraw life-saving treatment without the consent of the patient or the patient’s family.
ARCH Disability Law Centre Statement on the Potential Suspension of the Health Care Consent Act
January 28, 2021
ARCH Disability Law Centre is alarmed to learn that the Ontario Critical Command Centre is seeking an Executive Order to suspend certain provisions of the Health Care Consent Act (HCCA).
Currently, the HCCA requires doctors to get the consent of a patient, or if the patient is not able to consent, the consent of the patient’s family before providing or withdrawing any treatment. The Executive Order would effectively permit doctors to withdraw treatment from a patient without the consent of the patient or family. It would come into effect in the event that hospitals have more patients than resources, and would accompany Ontario’s Triage Protocol. It would last only for a temporary period of time.
ARCH Statement on Doctors Operating Outside of the HCCA Framework
January 21, 2021
On January 13, 2021 the latest version of a Triage Protocol was circulated to all Ontario Hospitals. Despite repeated demands by ARCH and other disability organizations to make the Protocol public, the government has chosen to circulate the document secretly demonstrating a continued failure to be transparent.
ARCH and AODA Alliance submit Open Letter to government on the need for a non-discriminatory Clinical Triage Protocol
December 3, 2020
Dear Hon. Premier Ford, Hon. Deputy Premier and Minister Elliott, and Hon. Minister Cho:
Re: Ontario’s COVID-19 Clinical Triage Protocol
We write about a life-and-death issue now facing Ontarians over which the Ontario Government has key responsibility. COVID-19 continues to surge, repeatedly breaking prior records for daily new infections. Expert projections show that this surge will continue to get worse, reaching new record infection rates. Our hospitals are being strained to the limit.
A Policy Options paper – Proceed with caution with Ontario’s critical care triage protocol, authored by Mariam Shanouda and Jessica De Marinis
September 15, 2020
In their recent Policy Options article, “It’s time for Canada to follow Ontario’s critical care triage protocol,” Cal DeWolfe and Jocelyn Downie tout the Ontario triage protocol as a model framework to be adopted by the rest of Canada for a unified approach if a second wave of COVID-19 infections overburdens the medical system. They assert that Ontario’s drafting process and the substantive content of its protocol are superior to those of other jurisdictions.
A Policy Options paper – Proceed with caution ARCH Submissions Detailing its Position on the Inclusion of the Clinical Frailty Scale in Ontario’s Triage Protocol
September 1, 2020
Dear Members of the Bioethics Table:
Re: ARCH Disability Law Centre’s Submissions Regarding Ontario’s Triage Protocol Draft dated July 7, 2020 Following Meetings with Bioethics Table
The within document is the written submission of ARCH Disability Law Centre (ARCH)[1] flowing from several meetings[2] between the Bioethics Table and a select number of persons and organizations representing persons with disabilities (the Bioethics Table Meetings).[3]
FOR IMMEDIATE RELEASE: Human Rights Tribunal of Ontario Grants Applicant’s Request to Expedite Case about Visitation Ban at Empower Simcoe’s Group Home
August 18, 2020
The Human Rights Tribunal of Ontario has granted an applicant’s request to expedite his application against Empower Simcoe. The application challenges the implementation of Empower Simcoe’s COVID-19 visitation ban at its group homes. The Tribunal found that the facts of the case met the stringent test for expedited process and requires an urgent resolution.
ARCH Bulletin on COVID-19: Bill 175 Connecting People to Home and Community Care Act 2020 May Soon Become Law
June 30, 2020
Last week (June 22 – 26, 2020) the government majority did not accept the more than 20 recommendations made to improve Bill 175.The government is on a break from June 29 – July 3, 2020. When it comes back on July 6, 2020, Bill 175 will be voted on and will likely become law.
However, it is not too late to let the government know your concerns about Bill 175. Contact your Member of Provincial Parliament to raise issues about the Bill before July 6, 2020.
Submissions and Recommendations Regarding Ontario’s Triage Protocol Draft dated July 7, 2020
July 20, 2020
The within document is the written submission of ARCH Disability Law Centre (ARCH) in response to a review of the draft Triage Protocol dated and delivered July 7, 2020[1] and from the discussion held at the July 15, 2020 Roundtable, co-convened by the Bioethics Table and the Ontario Human Rights Commission.[2] We provide these submissions in addition to our previous submissions dated May 13, 2020,[3] and not in substitute of them.
FOR IMMEDIATE RELEASE: Mother of 14 Year-Old Child with Disability files Human Rights Tribunal of Ontario Application against Empower Simcoe for Implementing Visitation Ban
June 19, 2020
Pamela Libralesso filed an Application with the Human Rights Tribunal of Ontario, on behalf of her 14 year-old son against Empower Simcoe, the agency running the group home at which her son resides for its COVID-19 visitation ban.
ARCH Bulletin on COVID-19: June 15: Province issues Recommendations to Allow Visitors in Hospitals, but Fails to Address Rights of Persons with Disabilities
June 18, 2020
On June 15, 2020 Dr. David Williams, Ontario’s Chief Medical Officer of Health, issued a memo recommending that hospitals and other acute care health settings begin allowing visitors for patients in these facilities. Dr. Williams’ memo stated that hospitals and other health care settings should revise essential visitor policies to allow visits by families, caregivers and others. Further, the memo recommended that visitor policies follow public health measures to prevent the spread of COVID-19.
ARCH Bulletin on COVID-19: Responses to the Assistive Devices Program (ADP) Questionaire
June 1, 2020
Thank You for Participating in ARCH`s Questionnaire About ADP
ARCH is pleased to let you know that we received a large number of responses to our ADP Questionnaire.
The responses were from all over the province, including northern, southwestern, eastern and central Ontario. ARCH believes that your answers give us enough information to understand some of the problems you have experienced with ADP. Here is a summary of what ARCH learned from your responses to the ADP Questionnaire.
ARCH Letter to Premier of Ontario and Minister of Ontario Health on Hospital Visitation Bans
May 26, 2020
ARCH letter highlights serious concerns about the discriminatory impact of hospital visitation bans on people with disabilities in Ontario. ARCH is calling upon the Government of Ontario to urgently revise the essential visitor definition to ensure that people with disabilities get equal access to hospitals and health care services.
ARCH Bulletin on COVID-19: The Assistive Devices Program (ADP) is Open for Business
May 15, 2020
ADP is Accepting All Applications for Assistive Devices
ADP has advised ARCH that it has now re-opened and is making decisions about applications for assistive devices. The ADP Office permanently re-opened for business on April 29, 2020.
ADP says that it closed temporarily so it could move to a paperless approval process. This means that ADP is encouraging people to NOT submit their appliations by mail any more.
ARCH Bulletin on COVID-19: Ontario Health’s Clinical Triage Protocol for Major Surge in COVID Pandemic
May 14, 2020
What is Ontario’s Clinical Triage Protocol?
A draft document called the Clinical Triage Protocol for Major Surge in COVID Pandemic, dated March 28, 2020 from Ontario Health, is meant to help doctors make difficult decisions about who will receive critical health care during the COVID-19 pandemic if there are not enough medical resources. Doctors will only have to make these hard decisions if there are too many people in the hospitals and there is not enough beds or ventilators or other life-saving medical equipment.
ARCH Letter on Clinical Triage Protocol
May 13, 2020
What is Ontario’s Clinical Triage Protocol?
A draft document called the Clinical Triage We write further to the Open Letter dated April 8, 2020 and which was delivered to Premier Doug Ford, Minister of Health, Christine Elliott, and Minister of Accessibility, Raymond Cho. As you will recall, the Open Letter raised grave concerns regarding the Ontario Clinical Triage Protocol for Major Surge in COVID Pandemic[1] (the “Triage Protocol”), authored by Ontario Health, dated March 28, 2020 but never publicly released.
Advocacy Toolkit – Advocating for Your Support Person, Attendant or Communication Assistant to be with You in Hospital During the COVID-19 Pandemic
May 6, 2020
This Advocacy Toolkit provides legal information and advocacy tips to people with disabilities who need their support person, attendant or communication assistant to be with them in hospital during the COVID-19 pandemic.
This Toolkit contains information about laws and policies in Ontario. This legal information may not apply to you if you live outside of Ontario.
ARCH Bulletin on COVID-19: Priority Testing Guidelines
April 23, 2020
Over the last month, testing to control the spread of COVID-19 has become an important issue for persons with disabilities across Ontario. On April 16, 2020, Premier Ford announced new guidelines that expand the groups of people who can receive priority COVID-19 testing.
ARCH Bulletin on COVID-19: Ontario Renews Emergency Orders for Long-Term Care Homes until May 6, 2020
April 23, 2020
Over the last month, testing to control the spread
ARCH acknowledges the disproportionate vulnerability of residents in long-term care (LTC) homes who are seniors and persons with disabilities. LTC home residents are at higher risk of infection from COVID-19 for reasons such as advanced age, chronic conditions, and the institutional environment.
We are deeply saddened by the tragic deaths linked to the spread of COVID-19 in LTC facilities.
Press Release – Government Response indicates Ontario Health is Engaging in Consultation with Human Rights and Key Community Experts on the Triage Protocol
April 22, 2020
An open letter from the Ontario Government was delivered to various recipients, including ARCH Disability Law Centre, on April 21, 2020. The letter, which is undated, appears to be a response to the grave concerns raised by major disability organizations in regards to the Clinical Triage Protocol for Major Surge in COVID Pandemic, authored by Ontario Health and dated March 28, 2020.
ARCH Bulletin on COVID-19: Ontario’s Assistive Devices Program no longer available
April 22, 2020
On March 24, 2020, the Ontario Government decided that the Assistive Devices Program (ADP) was no longer going to be considered an essential service, as part of its response to the COVID-19 pandemic. This means that the ADP offices are closed until further notice because of COVID-19.
ARCH submits Open Letter to Government on needed changes to Clinical Triage Protocol for Major Surge in COVID Pandemic, signed by 204 organizations, and 4828 individuals.
April 8, 2020
We, the undersigned, share grave concerns regarding Ontario Health’s Clinical Triage Protocol for Major Surge in COVID Pandemic, dated March 28, 2020, which has yet to be released to the public. As disability organizations, we write in particular to underscore the disproportionate and adverse impact that the Triage Protocol will have on people with disabilities, and to make recommendations for reform.