Disability Law Primer (PDF) - ARCH Disability Law Centre

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of the activities of daily living they would like. Once necessary routine activities are
completed, there is often little support time left for ‘optional’ social activities or
entertainment. Getting out of their home to perform even essential activities such as
banking or grocery shopping can be challenging for people who require attendant
services to participate in the community. Even if attendant services were available to
assist people in travelling within the community, accessible transportation services for
persons with disabilities are often not available, particularly in regions outside Toronto.


Agencies often claim that they do not have the resources required to hire enough
workers to ensure every consumer obtains all required services. When this is combined
with absences, illnesses, injuries and high staff turn-over, it becomes clear that few
agencies feel they have the ability to meet effectively all the needs of all their
consumers all of the time.


Clients who rely on services for essential activities of daily living and have the right to
expect services will be provided in a predictable and professional manner by attendants
who are respectful and treat them with dignity. When services are interrupted, reduced
or re-scheduled, consumers may become angry or mistrust the service provider. In such
cases, independent third party mediation or negotiation can help to work toward
developing solutions that ensure the client continues to receive the services they require
to maintain their health, dignity and sense of security.


The situation is further complicated by the fact that the Bill 168 amendments to The
Occupational Health and Safety Act, effective since June 2010, can be interpreted by
service agencies as meaning that attendants and personal support workers have the
right to refuse to accept appointments with consumers if they feel the consumer has
been verbally or otherwise abusive or threatening. Disputes can arise if services are
provided in a manner that is uncomfortable or awkward, causing a client to lose
patience. These disputes can be challenging to resolve. In these cases, mediation may
offer an opportunity for the parties to meet and resolve their conflict with the assistance
and support of a trained mediator.

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