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Decentralized Democracy

Hon. Chantal Petitclerc: Honourable senators, we’re almost there.

[English]

Bill C-22 has been awaited by Canadians with disabilities for 966 days, and finally we are close to the finish line.

First, allow me to express gratitude to my colleagues on the Standing Senate Committee on Social Affairs, Science and Technology for the swiftness and thoroughness with which this bill has been studied and improved upon.

[Translation]

Senators will recall that, at second reading, I expressed a number of concerns and listed a series of key questions that would help me take a position based on quantifiable facts, not just on trust. I was hoping the answers would confirm that this bill is indeed the best mechanism to reduce poverty for working-age persons with disabilities.

During our study that spanned 10 meetings, we heard from 49 witnesses, received 48 briefs, did seven follow-ups and received two letters. What we learned is that, first, the community’s needs are urgent and pressing, and second, this bill will be able to play a crucial role in addressing those needs.

Were the answers I got enough to show me that Bill C-22 will help address the poverty that thousands of people with disabilities are struggling with? The answer is yes.

[English]

Witnesses were clear: The situation is urgent. One crucial aspect that the committee study brought to light is the extent of the needs of persons with disabilities. Several witnesses confirmed that living with a disability is, indeed, much more expensive. According to Krista Carr, Executive Vice-President, Inclusion Canada:

. . . people with disabilities have additional costs that even go beyond.

There is not a lot of Canadian data on it, but anything that’s out there, we will say 30% to 40% more. It does depend on the nature of the disability and some of the additional equipment or other costs . . . .

I realized that the economic vulnerability of many people with disabilities was even more severe, and the inequalities and disparities within the community itself were even greater than I thought. The testimony was shocking. Who could expect, in a country like Canada, to read this:

I don’t remember the last time I ate an apple or salad. 15-20 years I haven’t bought anything new, and I can’t afford it. I’m not mobile, I don’t move, only go to doctors’ appointments. I’m kind of a prisoner in my own apartment. Can’t afford to go anywhere.

This was a testimonial in the Daily Bread Food Bank brief from a recipient of their services, and there were many more.

Representatives of the DisAbled Women’s Network of Canada opened our eyes when they shared with us that, “women with disabilities are the most marginalized,” and, “The poorest, lowest-income person in this country is a Black single mother with a disability . . . .”

Jheanelle Anderson, Vice-Chair, Ase Community Foundation for Black Canadians with Disabilities agrees when she states that:

We know that disability and poverty are inextricably linked, and also that poverty is heavily racialized. . . . Black people with disabilities have fewer job opportunities, career development opportunities . . . most disparities experienced in poverty are experienced by Black people with disabilities.

Krista Wilcox, Director General, Office for Disability Issues, Employment and Social Development Canada confirmed it:

. . . 40% of Black persons with disabilities are living in poverty, so we know that racialized persons with disabilities are much more likely to be living in deep poverty than other Canadians.

This testimony and many others have demonstrated not only the importance but the urgency of the implementation of this bill.

[Translation]

Let us be clear on the following point. Although the community of persons with disabilities is diverse, it is united. I want to point that out because it is not always the case. We have often heard it said in this chamber that this diverse community does not always speak with one voice on any given issue. That was especially evident during the study of the two bills on medical assistance in dying.

In that sense, Bill C-22 is rather unique. Everyone agrees that the benefit must take into account disability-related needs and the fact that the official poverty line is neither sufficient nor a good indicator of the cost of living with a disability. Everyone also agrees that every effort must be made to prevent clawbacks. They are even unanimous about the importance of ensuring that the benefit helps the individual and not the family or household.

[English]

Where the community disagrees is how strong the bill should be and how much should be left to regulation. Both sides of the argument mentioned the political uncertainties of governments. Using this fact, some said quite clearly, “We don’t know what the future holds, so please pass the bill quickly with no amendments.” Others have said, “We don’t know what the future holds, so please make the bill stronger now to protect us.” I believe this committee has acted responsibly in respect of both of those views, being efficient and quick in studying the bill, and strengthening it when it was essential.

[Translation]

As was the case with the Accessible Canada Act, the Standing Senate Committee on Social Affairs made changes to help the government more effectively achieve its goal of improving the situation and financial security of millions of Canadians.

Let’s remember that, in 2019, the amendments we made to Bill C-81 were very positively welcomed at the time, although many had initially hoped that the Senate would pass the bill without any amendments. In fact, the government recognized the quality of our contribution, and Minister Qualtrough recently reiterated her congratulations when she last appeared in committee.

Senator Omidvar very clearly presented the six amendments that we hope the government will keep. Let me go over some of them, which, I’m sure, will make a real difference in terms of strengthening this bill.

In my view, one of the most important is the amendment that guarantees an appeal process to persons with disabilities. The bill provided that cabinet can make regulations respecting appeals. You will agree that that is rather vague. That is what your committee corrected by specifying that the appeal must, at a minimum, address any decision regarding a person’s eligibility to the benefit or, still, the amount of benefit received or to be paid.

The appeal could be made by the person concerned or by anyone on their behalf. By voting in favour of this amendment, the committee members agreed that even framework legislation must include measures to ease concerns about potential administrative barriers in order to provide protections.

Several witnesses showed us that intersectionality brings its share of additional vulnerabilities.

It is crucial, as the committee included in the preamble, that intersectionality be taken into consideration in the regulatory process.

[English]

Let me give you an example. Bonnie Brayton, Chief Executive Officer of the DisAbled Women’s Network of Canada, told us that:

. . . the most marginalized people with disabilities — Indigenous, Black, gender-diverse people — are at the centre because they are facing the highest rates of poverty and being unhoused . . . .

[Translation]

There was a palpable feeling of confidence that permeated the meetings of the Social Affairs Committee: the confidence in the government’s commitment to significantly involve the people concerned in the development of the rules, where everything will be decided. The minister reassured us about that. In the spirit of “nothing without us,” persons with disabilities want to be stakeholders at every stage, as co-designers. I truly hope that persons with disabilities, who are generally and far too often marginalized, will not be cast aside and that all those who are not usually consulted will be heard, to ensure that things are done properly.

[English]

Again and again, the witnesses told us that this was non‑negotiable. For example, here are a few things we heard:

It can’t come from the top down; it won’t be equitable. Communities know how to define the problem because they experience it. They live it. People on the top don’t experience or have the lived experience of poverty.

And further:

This means moving beyond hosting community consultations and moving toward a commitment to engage us as co-designers and subject matter experts.

Many have said they trust the government to make sure consultations and involvement will be done properly. While I have no reason to doubt, my ultimate trust goes to the individuals and the organizations who have been very clear, firm and direct in saying, “Without us is not an option.” I believe we can count on them to get back to us if they are not, indeed, part of the whole process.

Of all the testimonies, one that I wish to bring to your attention now is that of Minister Qualtrough when she said, “What I have been saying consistently is the benefit will be delivered in 2024.” This commitment is important. It gives clarity, a timeline and hope to the 21% of Canadians living with a disability. They certainly deserve it.

[Translation]

During study of Bill C-81, when we were at the same stage, our colleague Senator Munson said the following:

[English]

Committee members gave the bill and its adopted amendments a deserved thorough study and consideration despite time constraints. I know that many of these amendments came right from the community, witnesses, and organizations; I think we should pass the bill with these changes and let the other place do its job and reflect on our amendments. This is the process of our democracy and of our Parliament. We all need to move swiftly.

[Translation]

I agreed with him at the time. Today, I have the same conviction when I look at the bill we are studying.

[English]

In closing, I want to go beyond Bill C-22. With all that we have learned in committee about the level of distress and the urgency to act, I call on the government, in its next budget, while it works to make this benefit a reality, to explore all possible avenues to help people living with a disability who are most in need. Whether it is for access to housing and transportation or support to buy groceries, we must not limit ourselves to one initiative like this one. It will not be enough, and we know it. So we must act.

For now, colleagues, we too must act by voting on Bill C-22 with no delay. The truth is when we lift persons out of poverty — with or without a disability — everyone wins.

Meegwetch. Thank you.

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