Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities Web: https://www.aodaalliance.org
Email: aodafeedback@gmail.com
Twitter: @aodaalliance
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February 2, 2022
SUMMARY
On Tuesday, February 1, 2022, three media outlets covered the court application that AODA Alliance Chair David Lepofsky is bringing against the Ford Government for the disability discrimination in its online process for renewing an expired Ontario Health Card. Ontario allows a person to renew their Health Card online only if they have a driver’s license. That rules out anyone whose disability precludes them from being able to drive. For example, it rules out people who have no driver’s license but who have an Ontario Photo ID Card, which the Ontario Government created to be equivalent identification to a driver’s license.
No one should have to go to ServiceOntario in person to renew a Health Card when the pandemic is still raging. No one should have to risk their health in order to continue to receive insured health services in Ontario.
The media coverage included CBC Radio, Global 640 Radio Toronto, and AMI Radio. The February 1, 2022, CBC News report, below, shows how the Ford Government appears to be making it up as it goes along. Follow the steps in this unfolding saga.
1. Before this week, the Ford Government at least twice refused to answer the media when they inquired about this disability barrier.
2. In discussions with senior Ford Government officials on December 16, 2021, and January 19, 2022, AODA Alliance Chair David Lepofsky got no commitment from the Ford Government to extend the Government’s February 28, 2022, deadline for renewing an expired Ontario Health Card, to allow time for the Government to remove accessibility barriers from the Health Card renewal process.
3. On January 25, 2022, just eight days ago, senior Ford Government officials told David Lepofsky for the first time that the Government will tell health care providers (like doctors) that after February 28, 2022, an expired Ontario Health Card still remains valid for getting insured health services in Ontario. However, the Government would not tell the public this and would not extend the February 28, 2022, deadline for renewing expired Ontario Health Cards. No reason was given for deciding not to tell the public about this. David Lepofsky twice asked those public officials for a reason.
4. In the latest development, according to the February 1, 2022, CBC News report set out below, the Government sent CBC a statement saying publicly for the first time that after February 28, 2022, an expired Ontario Health Card could still be used to get insured health services. This contradicts the Government’s telling David Lepofsky last week that the Government would NOT tell the public this. The CBC report, set out below, includes:
“In response to questions from CBC Toronto, a spokesperson for the Ministry of Health wrote that no one will be denied health care.
âHealth-care providers have been asked to continue to accept expired cards, and most people will continue to be able to use their health card to access insured health-care services as they always have, despite the deadline,â a statement said.”
David Lepofsky has asked the Ford Government for a copy of the statement it sent to CBC. The Government has not yet provided it to him. We have no knowledge of the Government sending that information to the public generally or to any other media outlets.
The public is getting confusing mixed messages from the Ford Government on this issue where clarity is needed. It is wrong that anyone should have to bring a court application to try to get the Ontario Government to address so obvious a disability barrier as this. On social media and otherwise, we have received support about the need for the Ford Government to now fix this disability barrier.
Would you like to learn about the duty to accommodate people with disabilities, which is in issue in this case? Watch AODA Alliance Chair David Lepofsky’s captioned video that gives you an introduction to the duty to accommodate people with disabilities.
For more on the AODA Alliance’s non-partisan efforts to remove the many accessibility barriers facing people with disabilities in Ontario’s health care system, visit the AODA Alliance website’s health care page.
We encourage you to write the Ford Government and demand that this disability barrier be fixed now. Write Premier Ford at Premier@ontario.ca
Encourage your local media to cover this issue. Send them the AODA Alliance’s January 26, 2022, news release that announces the court application that AODA Alliance Chair David Lepofsky is launching.
MORE DETAILS
CBC News February 1, 2022
Originally posted at https://www.cbc.ca/news/canada/toronto/ontario-health-card-renewal-1.6329777?cmp=rss Ford government facing legal fight over online health card renewal for people with disabilities | CBC Toronto
Ford government facing legal fight over online health card renewal for people with disabilities
Rule requiring driver’s licence discriminates against people who don’t drive, lawyer says
Trevor Dunn, Sara Jabakhanji · CBC News · Posted: Feb 01, 2022 5:00 AM ET | Last Updated: 3 hours ago
Lawyer David Lepofsky is chair of the AODA Alliance, a group that advocates for the implementation of accessibility standards in Ontario. (Simon Dingley/CBC)
The Doug Ford government is facing legal action over its policy for renewing Ontario health cards online.
The online service is available only to residents with a valid driver’s licence, a rule that disability advocates say discriminates against people who can’t drive or don’t have a licence.
“People who, like me, because of their disability, are absolutely disqualified from being able renew our health card online,” said David Lepofsky, a Toronto lawyer and chair of the Accessibility for Ontarians With Disabilities Act Alliance.
Lepofsky, who is blind, filed a Superior Court application last week against the provincial government seeking an urgent change to the rules.
The clock is ticking, he argues, with a moratorium on health card renewals that has been in place for much of the COVID-19 pandemic ending on Feb. 28.
In-person renewal a ‘health risk,’ Lepofsky says
The grace period may be ending, but the pandemic is not, and Lepofsky says that means many Ontario residents who don’t drive will be having potentially risky face-to-face interactions, while others have the luxury of doing it all online.
“Persons such as Mr. Lepofsky are subjected to an immediate, unfair, cruel danger of either suffering the loss of health insurance or exposing themselves to the health risk of attending a ServiceOntario office in person,” Lepofsky’s court application reads.
In response to questions from CBC Toronto, a spokesperson for the Ministry of Health wrote that no one will be denied health care.
“Health-care providers have been asked to continue to accept expired cards, and most people will continue to be able to use their health card to access insured health-care services as they always have, despite the deadline,” a statement said.
Mail-in renewal available
The statement also notes that some residents are able to renew their health cards by mail, including those over 80 and those who have a valid Ontario Photo Card.
But it’s not a valid substitute for Lepofsky, who says the mail-in option has too many “barriers” for some and may also require close contact with other individuals.
And he says the provincial photo card should be an online option, as well.
Ontario says doctors should accept health cards that expired on or after March 1, 2020. (Ontario.ca)
“What is completely arbitrary and irrational is the Ford government will not allow the Ontario Photo ID card to be used in lieu of an Ontario driver’s licence to enable you to renew your health card online,” he said in an interview.
In its statement the ministry spokesperson said the government is “taking steps” to allow the online renewal system to accept the Photo Card.
In November, CBC Toronto spoke with Ontarians who called it “shameful” for the province to impose such a limitation on people living with disabilities and on seniors with mobility issues by not allowing them an option to renew their health card online.
In a December letter to the Ford government, the Ontario Human Rights Commission (OHRC) had called on Ontario ministers for a plan to address the barrier for people with disabilities and older adults, who would be required to visit a Service Ontario location for a renewal.
“The Human Rights Code requires proactive planning to prevent or remove barriers to people with disabilities and older adults in services,” said OHRC chief commissioner Patricia DeGuire.
“I am writing to encourage you to make sure people with disabilities and older adults will have the same opportunity as others to obtain the health card renewal online,” DeGuire’s letter reads.
“As many people with disabilities also face barriers in travel and may be more vulnerable in any exposure to COVID-19, it is especially important that they be able to access, use and benefit from the convenience of any online services available to avoid travel and in person services.”