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You have not truly experienced hell until you have tried to fit yourself and a person in a wheelchair into a tiny cement elevator. Are you planning to go to an event with a loved one who is in a wheelchair or stroller and needs assistance? Not all events provide such accommodation, and if you manage to fit your party into your cement tomb, you may eventually push a large, uncomfortable button for the next several minutes to operate an archaic contraption.
Even though the description of this “elevator” sounds ridiculously outdated, there is still a lack of maintenance and replacement to make elevators more accessible and user-friendly. Although most elevators in public buildings are more modern, they still are quite small and hard to maneuver. Many older elevator models remain in Ontario, especially in their smaller venues.
I was shocked that even after following the guidelines put forth by the AODA an elevator could still be so small and inaccessible. Given this limited mobility space in elevators, it would be understandable to think that the province had not yet thought about accessibility issues in-depth. However, Ontario does have regulations for making places accessible and user-friendly for people with disabilities — especially those with mobility aids.
Ontario has regulations for making places accessible and user-friendly for people with disabilities — especially those with mobility aids. The Accessibility for Ontarians with Disabilities Act (AODA) was brought into effect in 2005 to ensure the “develop[ment], implement[ation] and enforc[ement] of accessibility standards to achieve accessibility for Ontarians with disabilities [concerning] goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025.”
One may think that these regulations would ensure that Ontario is quite accessible for people with a disability to access both physical locations and services. Realistically, there are still so many ways the province is inaccessible, including funding limitations to implement the AODA effectively.
Personally Experiencing the Limits of the AOAD
My mom and I loved going to movies when she was alive, but because she was in a wheelchair, it was difficult to operate the ancient elevator that they had for many years at the nearby Cineplex. We were thrilled after learning that the movie theatre updated its elevator, but once we got to use it, it was still the size of a large upright coffin and was no bigger than before. Although it looked better, there were noticeably no improvements in its size and accessibility.
After asking to speak with the manager about the new elevator, she informed me that they renovated it strictly following the regulation measurements provided by the AODA. I was shocked — has the AODA ever met someone in a wheelchair? Having used those tiny elevators with my mom in both small, compact wheelchairs and larger, tilt wheelchairs, both had still been an absolute nightmare trying to maneuver.
Why Is the AODA Important in Achieving Equality for People with Disabilities?
While I appreciate the Ontario government’s initial attempts at accessibility and am proud that Ontario was the first province in Canada to pass these regulations, these promises ring hollow to those of us trying to live our lives in a largely inaccessible society. Of course, the AODA also aims to make things more accessible for people with all kinds of disabilities, including mental illness, cognitive functioning impairments, and other types of physical disabilities. The UN Committee on the Rights of Persons with Disabilities describes the importance of accessibility by expressing that “it is a precondition for persons with disabilities to live independently and participate fully and equally in society.”
It seems that the AODA has only had success in the few times they have implemented accessible changes towards accommodating people with visible and physical disabilities, such as by creating more ramps and automatic door-opening buttons for public and government buildings. This is a fantastic start, but there are many changes AODA needs to make to support people with various types of disabilities and grant greater access to employment and services, which the Act promises.
Evaluating Policy in Practice
I am not the only person disappointed by the generally inaccessible nature of Ontario’s infrastructure and access to services. Ontario’s government commissioned a fourth independent review on the effectiveness of AODA, which will be released to the public soon. Meanwhile, people can view the fourth independent interim review written by Rich Donovan, stating that the attempts to create full accessibility under the AODA have been an “unequivocal failure” in its efforts to achieve “massive cultural transformation.” The interim review also highlights how the AODA cannot meet its self-imposed deadline of accomplishing its promises by 2025.
There are several reasons that the government needs help in effectively implementing all of the policies of the AODA. The Arch Disability Law Center explains, “One of the reasons why the AODA is not as effective as it should be is because the standards lack strong and prescriptive requirements”. Additionally, the Globe and Mail explained that “a lack of basic leadership, accountability, and data will make meeting the 2025 target difficult, if not impossible to achieve.” There will be serious challenges and delays in the effective implementation of the AODA until the government can prioritize and sufficiently fund public projects by the AODA.
Guaranteeing the effectiveness of the AODA is crucial to ensuring that all Ontarians are granted equality within our society, as my family member, age 12, who has a hearing impairment reveals:
AODA is important because removing accessibility barriers allows people with disabilities to be equal to those without disabilities. Without this law, people with disabilities, like me, are excluded from participating in society equally. This law allows me to see a movie or a play, get an education, and do other things that people without disabilities take for granted.
Proposing Some Constructive Amendments to the AODA
As the report is only interim, there will be more extensive recommendations once the final report is published. It already recommends some changes, especially around society and ensuring people are more inclusive of those with disabilities. This report explains the importance of prioritizing such a large-scale policy change: “[Ontario’s] government can, and needs to be, a leader. Change at this scale is complex and hard. Without prioritization and dogged action over 17 years, disability regulation in Ontario has failed.”
One way to improve the AODA is to involve people with various types of disabilities in the Act revision decision-making process and have them provide feedback to improve the Act. Likewise, the AODA should be often revised and updated, especially as newer styles and mobility aids become popularized. I recognize that perhaps it is not as well known to the public, but it is important for the AODA to try to account for these changes. I have found that for myself and my mom, mobility aids and other accessibility devices are like iPhones in Canada — a newer one comes out and becomes popular with users at least every few years. The AODA needs to factor in the size and different kinds of mobility aids when measuring and planning out minimum sizes for private and public spaces; that way, these regulations can effectively provide people with the necessary accessibility in places and spaces outside the home.
One example of the AODA requirements working successfully for an organization is the easy-to-access nature of newer subways and streetcars in Toronto. Ironically, this is the one area where the Toronto Transit Commission (TTC) shines: all the accessibility features are large enough for almost any sized mobility device, clearly marked, and feature easier-to-reach and press stop request bells, ramps, fold-up seats, and specially designated sections. All these features ensure that these TTC vehicles are physically accessible for all those who use the TTC.
Within the past year, the TTC has also started displaying public service announcement posters, which explain how not all disabilities are visible and advocate for able-bodied individuals to give up their seats upon request. Toronto needs to have more of these posters if the city wants to fulfill some of the goals set out in the AODA around increased awareness of the need for accessibility.
Kirsten M., the mother of a child with a disability, explains the need for increased social awareness:
I think the greatest issue is the continued lack of awareness about this 20-year-old law. As a result, there continues to be a lack of training on accessibility in communities (and this) continues to create barriers for Ontarians with disabilities. There is a huge fine for noncompliance with AODA, but there is no one monitoring this compliance, and as a citizen, there is no way to complain to the government when businesses are lacking in their training piece; instead, it is on the part of the citizen to educate the business when issues arise or file a human rights complaint. It can be exhausting!
Hopefully, the AODA will take seriously everything put forward in the fourth independent review and implement all of the necessary changes promptly so that we can have an Ontario that is equal for everyone.
Edited by Chelsea Bean
