Disability Law Primer (PDF) - ARCH Disability Law Centre

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Unfortunately, formal mechanisms available to enforce the Home Care Bill of Rights are
limited. Consumers can file complaints with service providers if they feel their rights
under the Home Care Bill of Rights have been violated.^36 Unfortunately, if a consumer is
not satisfied with the service providers response to the situation, there are no clear
avenues to pursue the matter further. HSARB does not have the jurisdiction to hear
appeals related to violations of the Home Care Bill of Rights.^37


If a Home Care Bill of Rights violation cannot be dealt with internally, a complaint can be
filed with the Ministry of Long-Term Care Action Line.^38 The Long Term Care Action
Line may in some cases facilitate the referral of CCAC client complaints to an
independent third party called an “Independent Complaint Facilitator” who may help to
mediate disputes between clients and their CCAC or service provider.^39


B. Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities (CRPD) was ratified by the
Government of Canada on March 11, 2010, and supports the right of persons with
disabilities to live independently and be included in the community. Article 19 of the
CRPD specifically requires state parties to take effective and appropriate measures to
help persons with disabilities live in the community, including the provision of personal
assistance.^40 It is still unclear exactly what impact the CPRD will have upon the
provision of attendant services. However, the CRPD at the very least offers people key
principles and specific articles to cite when advocating for improvements in government
services.^41


(^36) Also see Home Care Bill of Rights (CLEO 2011)
(^37) See Section 40 of the Home Care and Community Services Act, 1994, S.O. 1994, c. 26
(^38) Ministry of Long-Term Care Action Line (telephone: 1-866-876-7658; TTY: 1-800-387-5559; online:
< 39 http://www.health.gov.on.ca/english/public/contact/ccac/itc_actionline.html>.
The Long-Term Care Action Line can be contacted at (1-866-876-7658 or 416- 326 -6777 (outside of
Ontario) 40
See Convention on the Rights of Persons with Disabilities, Article 19, online:
< 41 http://www.un.org/disabilities/convention/conventionfull.shtml>.
See Chapter 10 Convention on the Rights of Persons with Disabilities in this Primer.

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