Domestically, it is also the first time Canada has signed a UN
Convention on its opening day.^52Such gestures demonstrate Canada’s and the other UN Member States’ dedication to
expanding the human rights and full access of persons with disabilities.
On the other hand, thus far, Canada has not ratified the Optional Protocol to the
Convention on the Rights of Persons with Disabilities^53 and signals no intention to do
so. The Optional Protocol supplies a concrete form of legal redress in that it “provides a
mechanism for individuals and groups, who have exhausted all domestic avenues of
redress, to have claims of discrimination heard by the UN Committee on the Rights of
Persons with Disabilities.”^54 Until Canada ratifies the Optional Protocol, people with
disabilities in Canada do not have access to this legal redress.
VII. Interpreting the CRPD
“[T]o understand the full implications of the CRPD rights and obligations it is necessary
to read its articles in relationship to each other, rather than in isolation.”^55 The
foundational aspects of the CRPD, including the Preamble, Article 3 and Article 4,
inform a full understanding of all more specific articles. While one must read the CRPD
in relation to all articles, according to the International Disability Alliance, some articles
are inextricably intertwined with others, for example Article 28 which recognizes the
right of persons with disabilities to an adequate standard of living is linked to Article 19,
which discusses living independently and being included in community and Article 23,
which discusses respect for home and family.^56 Articles 31 and 33 discuss details that
are essential for implementation of that standard of living.^57
(^52) Supra note 44.
(^53) Supra note 42.{ TA \l "Id." \s "Id." \c 3 }
(^54) Council of Canadians with Disabilities, UN Convention on the Rights of Persons with Disabilities, online
http://www.ccdonline.ca/en/international/un. 55
People with Disability Australia, “Accommodating Human Rights: A Human Perspective on Housing,
and Housing and Support, For Persons with Disabilities” (2010) at 21, online:
<http://www.pwd.org.au/docu 56 ments/pubs/AccommodatingHumanRights2003.pdf>.
International Disability Alliance, “Report of the Workshop to Establish a Roadmap for CRPD
Implementation Guidelines” (14-15 November 2011), online: