Wednesday in Halifax, six prominent disability rights activists will ask the Supreme Court to order Nova Scotia’s Human Rights Commission to do its job.
The activists want the court to order the commission to hear their complaint against Environment Minister Margaret Miller and Chief Medical Officer of Health Robert Strang for selectively enforcing Nova Scotia’s Food Safety Regulations in a manner that discriminates against wheelchair users—and puts their health at risk in the process.
The regulations require restaurants in Nova Scotia to have “washroom facilities for the public available in a convenient location” as a condition of their license. Many Halifax restaurants have summer patios accessible to wheelchair users, but do not have a washroom that is conveniently located, or even reachable, by such customers.
As lawyer David Fraser wrote to the court in a pre-hearing brief:
While one might presume this is solely about the ability to access a toilet, this complaint and the concern that motivated it is also about access to basic hygiene. Individuals in non-motorized wheelchairs spend most of their day with their hands on the handrims of the wheels in order to move the chair. These handrims are in close proximity to the ground and generally get dirty through the day. This dirt is transferred to the operator’s hands. Where no accessible bathroom is available, individuals in wheelchairs do not have access to hand-washing facilities and their health is placed at risk.
Early last year, Gus Reed, a wheelchair user and one of the appellants, wrote to Environment Minister Margaret Miller complaining that her inspectors were not enforcing the requirement. Miller’s somewhat obtuse reply acknowledged the regulation, but noted that restaurants are subject to many laws, including the building code, which she claimed takes precedence in matters of washrooms. She referred him to HRM’s bylaw compliance officer.
Reed then wrote to Strang, who replied that his concern “is best handled through the NS Building Code.” Strang referred him to the Fire Marshall.
Last August, Reed and five other wheelchair users—including Kelly McKenna, who led the successful 2009 fight to make MLA constituency offices barrier free, and Paul Vienneau, who is celebrated in Halifax as the Asshole with a Shovel—complained to the Human Rights Commission.
They cited four Halifax restaurants (Effendy, The Wooden Monkey, Le Coq, and The Five Fishermen) whose washroom facilities they could not use, but stressed that their complaint was not directed at the businesses, but at Miller and Strang for, “a pattern of discrimination in the enforcement Food Safety Regulations.”
To be clear, the Minister and the MOH devote significant resources to the enforcement of this regulation with respect to most Nova Scotians. They fail to enforce it only with respect to people using wheelchairs. This subset of the population—persons with a disability—is a protected category under the Nova Scotia Human Rights Act. The selective enforcement complained of is therefore a violation of the Act.
Human Rights Officer Tamara Powell tried to reject the complaint in a phone call. Only when Reed insisted did she follow up with a letter. It said the complaint, “falls outside the jurisdiction of the Commission because, based on the information you have provided, it is a matter of a provincial government department failing to enforce its own program or policy.” Powell referred Reed to the Ombudsman.
Reed appealed instead to the commission’s Intake Analyst, Darryl MacPherson, who confirmed Powell’s rejection in a rambling email. He claimed the Environment Minister is not responsible for Food Safety Regulations (in fact, she is); he said the grandfathering provisions of the building code, which exempt pre-existing businesses from new rules such as those requiring accessibility, mean the minister could not retroactively apply food safety regulations; he said wheelchair users are not the only group that, “experience challenges when trying to access such services,” citing, “older persons and persons with children [who] experience similar challenges when accessing certain establishments.”
Finally, MacPherson said the commission might hear a complaint against the restaurants, but not the government.
The substance of the complaint will not be at issue at Wednesday’s hearing, which will hear arguments about the commission’s process. As lawyer Fraser summarized in his brief:
In the Human Rights Act, the Commission has no discretion and no leeway to turn away complainants if the complaint is made in writing and it addresses subject matter within the Commission’s legal competence.
But sometimes process is substance, as citizens with disabilities, faced with a familiar parade of officials passing the buck instead of doing their duty, know all too well.
I attended the highway twinning discussion in Sydney Tuesday night, one of a dozen sessions the Department of Transportation and Infrastructure Renewal is holding around the province to gauge support for highway tolls as a way to speed up seven highway twinning projects on the department’s wish list.
The core question: should we finance these highway projects in the normal way, out of gasoline taxes, in which case they will take decades, or by implementing tolls on our 100-series highways to generate revenue that would support much faster construction through public-private partnerships.
The department came armed with a detailed feasibility study from the engineering firm CBCL. It evaluates the seven sections of highway based on cost—a total of 2.4 billion—and potential reductions in collisions and travel times. A power point presentation summarized the results and posed questions for the public.
I make 20-25 round trips a year from Cape Breton to Halifax, another 100 or more trips to Sydney from my Victoria County abode. I much prefer driving on divided highways. I still don’t think we should do any more twinning, any time soon.
Nova Scotia has neglected highway and bridge maintenance for decades. Successive governments found it politically more palatable to rein in the province’s third-largest budget item, Transportation, than numbers. 1 & 2, Health and Education. Over the last half century, inadequate transportation budgets have produced a growing backlog of deferred maintenance and construction.
In 2001, the department carried out a study to gauge the size of this infrastructure deficit. It found the province needed to spend $3.4 billion in highway and bridge repairs and construction over the ensuing 10 years. Budgets increased slightly, but not enough to eat away at the shortfall. When the department took a second look at the infrastructure deficit in 2008, it found the total had grown to $4.38 billion.
Nine years have passed since that report, and we continue to spend at about half the rate required to reduce the maintenance and construction backlog. How big is the shortfall today: $5 billion? $6 billion? Who knows?
Faced with this ever-growing deficit, why would we suddenly go another $2.4 billion into hock to build new roads when we can’t adequately maintain the ones we have?
Been to Europe lately? By comparison, Nova Scotia roads are an embarrassment of ragged asphalt and crumbling curbs. Many, especially those used by heavy coal-hauling trucks, are badly rutted. Personally, I would rather drive in a snowstorm than in heavy rain on a rutted highway. In a snowy skid, I know how to regain control of a vehicle, but when a car hydroplanes, it’s strictly Jesus Take the Wheel.
My logic holds no appeal to politicians. Tell constituents you’re going to spend $1 billion to twin a nearby highway, and they’ll elect you again and again. Tell them you’re going to spend $1 billion patching potholes, and watch them yawn.
We are a large province with a small population. Our roads are lightly travelled by 21st century standards. They are much safer than they were 20 years ago. Traffic deaths have fallen sharply over that period. There are a multitude of steps we can take to make them even safer, such as rumble strips, reflective line markings, and prompt attention to the worst of the truck-induced rutting.
A $2.4 billion spending spree may or may not make us safer; it will surely make us poorer.
Until this morning, I was inclined to agree with those, like Andrew Sullivan, who think Trump is a narcissist whose psychiatric competence to lead the western world is a legitimate matter for journalistic inquiry. A distinguished psychiatrist’s letter to the New York Times persuades me this is wrong.
Most amateur diagnosticians have mislabeled President Trump with the diagnosis of narcissistic personality disorder. I wrote the criteria that define this disorder, and Mr. Trump doesn’t meet them. He may be a world-class narcissist, but this doesn’t make him mentally ill, because he does not suffer from the distress and impairment required to diagnose mental disorder.
Mr. Trump causes severe distress rather than experiencing it and has been richly rewarded, rather than punished, for his grandiosity, self-absorption and lack of empathy. It is a stigmatizing insult to the mentally ill (who are mostly well behaved and well meaning) to be lumped with Mr. Trump (who is neither).
Not crazy. Just evil.
Allen Frances is an emeritus professor of psychiatry at Duke University’s medical school. He chaired the task force that wrote the Diagnostic and Statistical Manual of Mental Disorders IV (D.S.M.-IV). Read his full letter here.
The Sipekne’katik Band has won its appeal against the Nova Scotia Environment Minister Margaret Miller’s approval of the Alton Gas Storage Project, not on any substantive objection to the project, but due to arrogant behaviour that increasingly characterizes the provincial government’s interactions with the public and the media.
Frankly, the band’s objections to the project are flimsy, but the government deserved what it got.
The initial concerns of the band and local residents were understandable. The Shubenacadie River has been a central feature of the band’s history and culture for millennia. It’s an important resource for all area residents. But the scientific evidence is clear the gas storage project poses no discernible threat to the river or its environment.
Alton’s plan is to buy natural gas at times of year when it’s cheap, and store it in underground salt caverns for use when prices rise. The caverns would be hollowed out by a process known as solution mining, with the dissolved salt discharged into the Shubenacadie.
Sounds scary until you learn the maximum daily discharge of salt would be less than 1/1200th of the salt that enters the river on the daily influx of the tides. Moreover, discharge would only be permitted when it would not take the river’s salt content outside its natural range.
The protests persisted mainly because they got tangled up in band politics, with rival factions vying to outdo one another in the fervour of their objections. News coverage in local online media mainly took the form: Natives good; government and industry bad. There was little or no reporting of the scientific evidence or the band politics.
So if the minister’s decision to approve the project was correct, why was it overturned?
As she was considering her decision, the minister received a staff report recommending the project’s approval. That report was informed, in part, by a memo from the Office of Aboriginal Affairs. Band lawyers repeatedly asked to for a chance to review and comment on both documents. The department refused.
Madam Justice Suzanne M. Hood ruled Friday that by refusing to let the band respond to information she considered in reaching her decision, Minster Miller denied it “procedural fairness.”
In addition to being arrogant, this was just dumb. What possible reason was there—apart from knee-jerk secretiveness—to deny an appellant access to all the information the minister considered when making her quasi-judicial decision?
I’ve encountered more and more of this knee-jerk secretiveness from provincial officials lately. Recently I’ve asked communications officers in two departments about an investigation carried out almost a decade ago into an intriguing problem with potential public safety implications. I don’t suspect anything nefarious. I’m just genuinely curious, and I think readers would be too. The responses to my inquiries have been curt to the point of rudeness, and non-responsive to a degree I have not encountered since the Gerald Regan administration.
More on this in the weeks to come.
Based mainly on responses to his down-the-middle Facebook posts on the tentative teachers’ agreement, Graham Steele predicts its probable defeat by union members. Social media tends to encourage the most extreme and aggrieved voices, but he may be right.
Here’s the thing: Everyone values good teachers. Good teachers are priceless.* In reality, though, teaching is like most occupations: a few gems, many duds, most in between. As the conflict drags on, I wonder how the public will react to overwrought voices of grievance from a group of public employees whose compensation and terms of work look pretty good from the outside.
Prolonged disruption that continues to shortchange children will erode public support for teachers in their fight with the McNeil government.
* Too bad unions and school boards cling to an antiquated hiring system—years of torture on the supply list—that drives away the best candidates.
The battle to preserve the rights of all Nova Scotia children to an inclusive education is joined. The opening of hostilities came in the tentative agreement on a new teachers’ contract, and its concession to whispered demands for a retreat from inclusive education:
This tentative agreement creates an independent Commission to study and make recommendations on inclusive education. This Commission, which is funded by the Department and the NSTU, will study how inclusion has been implemented in Nova Scotia, review best practices throughout the world, and provide recommendations related to funding, resources and resource allocation and accountability, professional development, alignment of initiatives, and such other matters as the Commission deems appropriate. Further, the Commission will make recommendations regarding a mechanism for future regular reviews of inclusive education.
The commission will include one person appointed by government, one appointed by the union, and a chair jointly agreed upon. Affected children will be excluded, along with their parents and organizational advocates. It’s the education system’s equivalent of letting building inspectors make final decisions about the accessibility of public places.
The peculiar evil of segregated schools is that they rob all children—the able bodied and nimble witted as much as those facing physical and intellectual obstacles—of the lessons of humility, empathy, and discernment that come from close experience with the full range of human abilities. Inclusion is the best way for classrooms to instil the grace required for a compassionate citizenry. The meek may not inherit the earth, but they have much to teach us, and we are all the better for absorbing those lessons.
Of course the union and the government will insist they are “fully committed” to inclusion and want only to improve it. Those who would take away the rights of society’s weakest members will always do so in the name of improving their lot. The exclusion of children and their guardians and advocates from the process puts the lie to these cheery words.
If the governing Liberals and NSTU leaders imagine they can tinker with the fundamental human rights of children they should reconsider. The equality rights of children with disabilities are enshrined in Canada’s Constitution. The UN Convention on the Rights of Persons with Disabilities. requires Canada to ensure that children with disabilities can access an inclusive, quality, and free primary education and secondary education on an equal basis with others in the communities in which they live.
Equality, once attained, is never readily surrendered. “Creative and sustainable solutions” devised without the knowledge and consent of those whose rights are deemed a “problem” are likely to be regressive, divisive, and cruel. The ancient principle is expressed in Latin as, Nihil de nobis, sine nobis.
In English: Nothing about us without us.
At a celebration in Toronto Tuesday night, New Waterford filmmaker Ashley McKenzie took the Toronto Film Critics’ prestigious Jay Scott Award for an emerging artist. The critics honoured McKenzie for her first feature-length movie, WEREWOLF, a gritty portrayal of a New Waterford couple dependent on methadone.
Here’s the Trailer]:
The movie premiered at the Toronto International Film Festival, which named it one of Canada’s Top 10 films for 2016. It has also screened (or soon will) at festivals in Montreal, Vancouver, Halifax, and Berlin.
This is a remarkable feat when you consider that McKenzie shot WEREWOLF entirely in Cape Breton, with an all-Cape Breton cast and crew (a fact that put a few noses out of joint at ACTRA Halifax, where a misguided minority aspire to monopoly control of visual storytelling in our province).
McKenzie is a both gifted writer and an increasingly sure-footed director with a special knack for coaxing stellar performances out of inexperienced authors. The result is an important Cape Breton story told not just sympathetically, but with unrivalled authenticity. There has never been a movie like this about Cape Breton.
(In the interests of disclosure, McKenzie and her producer Nelson MacDonald are friends of mine. I’m thrilled at what they’ve accomplished, and can’t wait to see what comes next.)
CBRM Mayor Cecil Clarke wants to build the new Sydney library in Centre 200 as a way to save money. It seems the hockey rink came with an extra big heating system, built to accommodate the adjacent Casino. After construction, the casino operator bailed on the deal, and the heating plant has been running at half capacity ever since. Bingo: Cheap library!
Other advantages: Centre 200 is on a bus route. There’s lots of free parking (except when there’s a hockey game). It’s handy to the casino, giving borrowers the chance to double their money before paying off their library fines. It’s a visionary scheme, but before embracing it, let’s consider other ways the municipality could save money by combining the new library with existing municipal facilities.
In this spirit, Contrarian offers our Top 5 Money-Saving Locations for a New Sydney Library:
#5 — Archibald’s Wharf
By putting the new library on Archibald’s Wharf in North Sydney, CBRM would achieve the waterfront location so devoutly coveted by many library patrons. Oh… wait, the municipality doesn’t own Archibald’s Wharf anymore. It’s been turned into a massive new shipyard. Oh, well.
#4 — Battery Point Sewage Treatment Plant
This solid brick structure at the tip of Sydney’s North End could easily accommodate a second and third storey. It would fulfill the goal of a spectacular harbour front location, and perhaps spur completion of the long-delayed boardwalk extension from downtown to Open Hearth Park. Possible downside: odour issues.
#3 — Welton Street Bus Garage
This fully-staffed facility, located on a busy central thoroughfare, has plenty of on-site parking. It’s perfect for servicing Bookmobles, and it’s the most convenient spot in all of CRMB for public transportation. It’s a natural.
#2 — The CBRM Landfill
Our penultimate choice is the Sydney landfill site, conveniently located on the redundantly named SPAR Road. There’s copious room for parking and potential for endless expansion. It would be a popular location for birders, too, with its prolific population of gulls.
#1 — Contrarian’s No. 1 Money-Saving Site for a New Sydney Library
Fuzzy’s Fries and Book-Lending Service. Think about it. It’s fully staffed. It has a magnificent waterfront location. It’s convenient to CBRM’s newly locked-down civic centre. There will be no danger of ketchup stains on books. And with the money he’ll save, just think how much Cecil can squander on the Evergreen Promise of a Container Pier.
If you’re interested in Nova Scotia civic affairs, you should be following NDP cabinet minister turned law prof and CBC commentator Graham Steele on Facebook, and checking in regularly with his blog, a Citizen’s Guide to the Nova Scotia Legislature.
Steele, who’s a friend, is not everyone’s cup of tea. Some fellow MLAs, including members of his own caucus, thought him too much above the partisan fray of the house. This is precisely the quality that makes his advice to citizens so useful. He is experienced enough to know the rules and procedures, but independent enough to explain how things really work.
Frankly, he’s rocking it, with even-handed explanations (on Facebook) of MLAs’ pay, the recent fiscal update, and the vanishing principle of ministerial responsibility. and on the Citizen’s Guide, with sage advice about how to communicate effectively with your MLA and how to present to the Law Amendments Committee.
The Citizens Guide already has 36 entries on a multitude of topics, and the Facebook feed brings a constant stream of level-headed commentary on political events of the day. His play-by-play of the McNeil Liberals’ Fiasco Weekend earlier this month was riveting. (I can’t find the specific post, but he was, I think, the first to point out the premier’s dreadful mistake, mostly overlooked by Province House reporters, of making himself the face of government’s tough approach to the teachers. Better let the Education Minister be the bad gal, then come in to celebrate the resolution when it finally happens.)
And don’t forget Steele’s CBC columns, which often bring fresh perspective to the political fracas of the day. See for example this rare dissent from the unwarranted reverence political reporters display for every cockamamie recommendation from the Auditor General.
Steele is producing the sort of explainers political reporters could write, but mostly don’t for fear of boring readers. It’s what civics classes used to cover before teachers got too weighed down by, you know, all that photocopying. It’s a wonderful resource for political spectators, one I suspect may become his next book.
Tuesday’s post about the absurdity of closing schools during minor snowstorms provoked comments pro and con. I’ll try to get to a sampling over the next few days.
Tellingly, none of the closure defenders could explain why Nova Scotia’s snow days have exploded in recent years, nor why they are so frequent in the Atlantic Provinces, but so rare in other parts of Canada and the northern US.
Obviously, the gents in this video couldn’t possibly be from the Maritimes. Oh, wait…
I’ll be on the Rick Howe Show (95.7 FM) Friday morning at 9:40 talking about one-sided risk management by school officials.