Barrier Free Manitoba

Our detailed response to the MAAC’s discussion paper on accessibility-rights legislation sets out seven elements needed for a solid foundation.

1. Strong, Resolute and Robust Intent and Language
2, Drivers to Sustain Vision, Commitment and Accountability
3. Leadership and Effective Resources for Disability Community
4. Built on the Best With Early and Tangible Progress
5. Broad Public Sector Engagement and Focused Accountability
6. Strong Compliance Framework with ‘Teeth’
7. Enhanced Human Rights Protections

Here are brief overviews of these excerpted from our response's Executive Summary (Word or PDF):

1. Strong, Resolute and Robust Intent and Language
The preamble and the purpose in the legislation must establish an unequivocal commitment to the timely and systemic prevention and removal of barriers to full accessibility. This commitment must be firmly grounded in domestic and international human rights law, basic principles of access and justice, and the acknowledgement of the historic and current discrimination faced by persons with disabilities. The strength of the language must match the strength of the commitment that is established in the legislation.

2. Drivers to Sustain Vision, Commitment and Accountability
The legislation must include measures that sustain vision, commitment and accountability for results over time. These measures should include but not be limited to the establishment of a target date by which a barrier-free Manitoba will be achieved and the requirement for regular independent reviews of the effectiveness of the legislation. The legislation should require that the reports from these reviews be tabled as part of the public record of the Legislative Assembly.

3. Leadership and Effective Resources for Disability Community
The legislation must set out leadership roles for persons with disabilities and disability representatives in major areas of its development and implementation. It is essential that the disability representatives are effectively resourced to enable them to fulfill these roles and to have the same level of access to independent technical and legal resources and advice as other stakeholders which participate in these processes.

4. Built on the Best With Early and Tangible Progress
The legislation must build on the strengths of accessibility-rights laws that are in place in other jurisdictions while not replicating their weaknesses. Established resources and tools from these jurisdictions should be used to support early and tangible progress in implementation. This will allow Manitoba to demonstrate early success without ‘reinventing the wheel’; build momentum by focusing effort on the development of new standards and demonstrate collaboration and leadership.

5. Broad Public Sector Engagement and Focused Accountability
The legislation must establish requirements for the broad public sector that promote engagement and ensure accountability. Public and quasi-public sector agencies should be required to prepare and release annual accessibility plans for at least the first decade following passage of the legislation. The legislation should set out a focused and high-level accountability structure required for the implementation of systemic change within the Province of Manitoba. The legislation should require that procurement guidelines be established to ensure that public money spent for public purposes equally benefits persons with disabilities and does not create further barriers.

6. Strong Compliance Framework with ‘Teeth’
The legislation should require that obligated organizations report on measures taken to meet or exceed applicable accessibility standards. This will allow the minister to monitor effectiveness and compliance with the legislation without reliance on complaints. The compliance framework must also establish a vigorous enforcement regime that includes substantial penalties for willful non-compliance.

7. Enhanced Human Rights Protections
The current system for human rights protections should be strengthened concurrent with or in conjunction with the passage and implementation of the proposed legislation.

These are discussed in much more detail in our full response (Word or PDF).