A/HRC/43/41/Add.2
32.
In 2007, Parliament adopted a unanimous House of Commons resolution on
Jordan’s Principle which has led to the development of a child-first initiative to ensure that
all First Nations children living on and off reserves have access to the products, services
and supports they need when they need them. In September 2018, the federal Government
announced that Inuit children too were eligible. Jordan’s Principle can cover requests for
health, social and educational products, services and supports.
33.
Despite these measures, indigenous persons with disabilities, including children, are
far behind in the enjoyment of their rights. They experience higher rates of domestic
violence, particularly women with disabilities, and have limited access to the products,
services and supports they need, even when these are normally available to others.
Consequently, many are forced to seek services outside their reserve, which means they
face an increased risk of discrimination and a lack of culturally sensitive services.
Moreover, it is often the case that indigenous persons with disabilities cannot access
services, whether on or off reserves, due to jurisdictional disputes between different levels
of government concerning who is responsible for covering the costs.
34.
Many persons with disabilities, particularly children and older adults, are sent to
long-term care facilities far from their communities to receive health-, residential or
palliative care services that are not culturally appropriate. Indigenous children represent
more than half of all children in foster care and it is estimated that more than 40,000 First
Nations children live away from their families, in the care of child welfare services funded
and regulated by provincial or territorial governments or by the federal government. Many
of them are children with disabilities, often removed from their homes because of the lack
of appropriate support services in indigenous communities. The Special Rapporteur was
informed that some families are afraid of reporting the disability status of a relative due to
the risk of separation.
35.
It remains unclear how the Accessible Canada Act applies to indigenous persons
with disabilities living on reserves. The Special Rapporteur encourages the federal and
indigenous governments to work closely so as to ensure that all persons with disabilities
benefit from the Act and enjoy all their rights on an equal basis with others. She also
encourages the Government of Canada to continue working with indigenous governments
to support the development of measures aimed at addressing the unique realities of
indigenous persons with disabilities.
III. Challenges and opportunities identified in Canada
A.
Accessibility
36.
The Government has taken various steps towards making Canada more accessible,
including through the recent adoption of the Accessible Canada Act. The Act helps identify,
remove and prevent barriers in different areas of federal competence, including
employment, the built environment, information and communications technologies,
communications other than information and communication technologies, the procurement
of goods, services and facilities, the design and delivery of programmes and services, and
transportation. In 2019, the Canadian Transportation Agency published the Accessible
Transportation for Persons with Disabilities Regulations, applicable to air, rail, ferry and
bus carriers and terminals falling within federal jurisdiction. The regulations are expected to
become effective in 2020.
37.
Public Services and Procurement Canada, the Government’s central purchaser, has
established the Accessible Procurement Resource Centre to ensure that goods and services
purchased are accessible by design, where possible, so that Canadians with disabilities can
use them without adaptation. The Government’s leadership in this area is very welcome,
since it involves the country’s single largest purchaser of goods and services. The Special
Rapporteur considers the Canadian inclusive procurement model to be a good practice to be
shared internationally.
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