[1] Tanya D. Whitehead and Joseph B. Hughey, Exploring Self-Advocacy From A Social Power Perspective (New York: Nova Science Publishers, Inc., 2004) at 5.  Whitehead and Hughey assert that public policies and laws reflect dominant worldviews, even though the underlying values may not be known by the people designing and implementing the policies and programs.

[2] Edgar-Andre Montigny, Foisted Upon the Government? State Responsibilities, Family Obligations and the Care of the Dependent Aged in Late Nineteenth-Century Ontario (Montreal & Kingston: McGill-Queen’s University Press, 1997) at 63-65.

[3] Ivan Brown and Maire Percy, Developmental Disabilities in Ontario (Canada: Ontario Association on Developmental Disabilities, 2003) at 3.

[4] Ontario Ministry of Community and Social Services, “The Words We Used: 1850s-1940s”, online: Ontario Ministry of Community and Social Services History of Developmental Services <http://www.mcss.gov.on.ca/en/dshistory/language/1850s_1940s.aspx> (last accessed: May 26, 2010) [The Words We Used].

[5] The Words We Used, note 4.

[6] The Words We Used, note 4.

[7] Ontario Ministry of Community and Social Services, “The Constitutional Act of 1791”, online: Ontario Ministry of Community and Social Services History of Developmental Services <http://www.mcss.gov.on.ca/en/dshistory/reasons/constitutional_act.aspx> (last accessed: May 26, 2010) [The Constitutional Act of 1791].

[8] Brown and Percy, note 3 at 6.

[9] The Label Game, “Housing: Communities and Institutions”, online: The Label Game <http://www.labelgame.org/housing.html#five> (last accessed: May 25, 2010); Brown and Percy, note 3 at 2-3.

[10] Ivan Brown, “The Time is Right for Closing Institutions” (2004) 11:2 Journal on Developmental Disabilities vii at viii.

[11] Brown and Percy, note 3 at 7 and 11.

[12] Brown and Percy, note 3 at 11.

[13] One such documentary is The Freedom Tour, a brave and often chilling documentary about institutionalization by 16 members of People First Canada. The goal of the film was to portray the lives lived and lost in institutions in order to bring them to an end. People First of Canada, “The Freedom Tour”, DVD: (Canada: National Film Board’s Filmmakers Assistance Program and Human Resources and Skills Development Canada, 2008) [The Freedom Tour].

[14] The Freedom Tour, note 13.

[15] The Freedom Tour, note 13.

[16] The Freedom Tour, note 13.

[17] The Freedom Tour, note 13.

[18] The Freedom Tour, note 13.

[19] Brown, note 10 at ix.

[20] The Freedom Tour, note 13.

[21] The Freedom Tour, note 13.

[22] Brown and Percy, note 3 at 7.

[23] Brown and Percy, note 3 at 8-9.

[24] Brown and Percy, note 3 at 11.

[25] Brown and Percy, note 3 at 12.

[26] Brown and Percy, note 3 at 36-37, 45.

[27] Tess C. Sheldon, “Programs and Services for Persons with Intellectual Disabilities” (November 2003), online: ARCH Disability Law Centre <http://www.archdsabilitylaw.ca/sites/all/files/08_intellectualDisabilities.pdf> provides additional details regarding the framework of services provided for under the Developmental Services Act.

[28] Developmental Services Act, R.R.O. 1990, Reg. 272.

[29] Brown and Percy, note 3 at 33-34.

[30] Developmental Services Act, R.S.O. 1990, c. D.11, s. 2(2).

[31] Sheldon, note 27 at 2-3.

[32] Community Living Ontario, “Mission, Vision & Goals”, online: Community Living Ontario <http://www.communitylivingontario.ca/about-us/mission-vision-goals website – mission and values> (last accessed: 28 June 2010).

 

[33] People First of Ontario, “The Goals of People First of Ontario”. online: People First of Ontario <http://www.peoplefirstontario.com/> (last accessed: 28 June 2010).

[34] Lana Kerzner and Phyllis Gordon, “Discussion Paper Feedback: Transforming Services in Ontario for People who have a Developmental Disability” (December 2004) at 5, online: ARCH Disability Law Centre <http://www.archdisabilitylaw.ca/sites/all/files/Developmental_Services.pdf> (last accessed: 21 May 2010).

[35] Ontario Ministry of Community and Social Services, “The Evolution of Government Policy and Legislation: 2000 and Beyond”, online: Ontario Ministry of Community and Social Services History of Developmental Services <http://www.mcss.gov.on.ca/en/dshistory/legislation/2000s_beyond.aspx> (last accessed: 26 June 2010).

[36] Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, S.O. 2008, c.14 [Social Inclusion Act].

[37] Karen R. Fisher, Sarah Parker and Christiane Purcal, “Measuring the Effectiveness of New Approaches to Housing Support Policy for Persons with Disabilities” (2009) 68:3 The Australian Journal of Public Administration 319 at 320.

[38] Ontario, Legislative Assembly, Official Reports of Debates (Hansard) 47 (May 26, 2008) at 2042–2043 (Hon. Steve Peters).

[39] Social Inclusion Act, note 36 at s. 4.

[40] Social Inclusion Act, note 36 at s. 4.

[41] Social Inclusion Act, note 36 at s. 4.

[42]Social Inclusion Act, note 36 at s. 3.

[43] Social Inclusion Act, note 36 at s. 14.

[44] Services and Supports to Promote The Social Inclusion of Persons With Developmental Disabilities Act, 2008: Quality Assurance Measures at ss. 5(1)2, 9, and 18(4)(e) [Draft Regulation on Quality Assurance].

[45] Social Inclusion Act, note 36 at s. 24.

[46] The Social Inclusion Act empowers the Ministry of Community and Social Services to make regulations regarding reviewing determinations of eligibility for services, quality assurance measures, reporting requirements to the Minister and the maintenance of financial records. The Lieutenant Governor in Council may make regulations regarding definitions in the Social Inclusion Act, funding agreements between the Minister and service agencies, direct funding, reviews of orders regarding quality assurance measures, composition and operation of service agencies, services provided by service agencies, training for staff and volunteers of service agencies, practices and procedures related to complaints received from people with disabilities, and other matters. Directors appointed by the Minister may issue policy directives regarding performance standards and measures for service agencies, procedures to be followed by application entities when determining eligibility for services and administering direct funding, and other matters. See Social Inclusion Act, note 36 at ss. 7, 37 and 38.

[47] Draft Regulation on Quality Assurance, note 44 at s. 3(1).

[48] For example, the Draft Regulation on Quality Assurance requires service providers to create a mission statement that promotes social inclusion and individualized approaches to meeting the needs of people with intellectual disabilities. This mission statement must be reviewed with people who receive services and supports and their families when they begin receiving services. See Draft Regulation on Quality Assurance, note 44 at s. 4(1).

[49] Social Inclusion Act, note 36 at s. 25.

[50] Social Inclusion Act, note 36 at ss. 27-28.

[51] Social Inclusion Act, note 36 at s. 28(6).

[52] Social Inclusion Act, note 36 at s. 30(7).

[53] Social Inclusion Act, note 36 at s. 31.

[54] Social Inclusion Act, note 36 at ss. 32-33.

[55] Whitehead and Hughey, note 1 at 20.

[56] M. Wullink, H. Widdershoven, L. van Schrojenstein, J. Metsemakers, and G.-J. Dinant, “Autonomy in relation to health among people with an intellectual disability: a literature review” (2009) 53:9 Journal of Intellectual Disability Research 816 at 816.

[57] Tim Stainton, “Can Advocacy Eliminate Abuse? Critical Components of an Effective Advocacy System” in Disability-Life-Dignity and Montreal Consortium for Human Rights Advocacy Training, McGill University, School of Social Work, Speaking Out Against Abuse in Institutions: Advocating for the Rights of People with Disabilities: Conference Proceedings, December 1, 1995 (North York, Ontario: The Roeher Institute, 1997) at 96 [Speaking Out].

[58] Kacan v. Ontario Public Service Employees Union, 2010 HRTO 795 (CanLII) at para. 16.

[59] The Freedom Tour, note 13; Christina Doody, “Multi-element behaviour support as a model for the delivery of a human rights based approach for working with people with intellectual disabilities and behaviours that challenge” (2009) British Journal of Learning Disabilities 293 at 293.

[60] Doody, note 59 at 297.

[61] Stanley S. Herr and Germain Weber, “Prospects for Ensuring Rights, Quality Supports, and a Good Old Age” in Stanley S. Herr and Germain Weber, eds., Aging, Rights and Quality of Life: Prospects for Older People with Developmental Disabilities (Baltimore, Maryland: Paul H. Brookes Publishing Co., 1999) 343 at 346.

[62] Leanne Dowse, “‘Some people are never going to be able to do that’: Challenges for people with intellectual disability in the 21st century” (2009) 24:5 Disability and Society 571 at 572.

[63] Brown and Percy, note 3 at 52.

[64] Dorothy M. Griffiths, Frances Owen,