JUSTICE MINISTER INTRODUCES BILL TO MEET THE NEEDS OF PERSONS WITH DISABILITIES

OTTAWA, October 9, 1997 -- Anne McLellan, Minister of Justice and Attorney General of Canada, today tabled proposed changes to the Canadian Human Rights Act, the Canada Evidence Act and the Criminal Code in the Senate. The changes include provisions to enhance the ability of persons with disabilities to participate fully in Canadian society as well as other improvements to federal human rights legislation.

The amendments were originally tabled in April, 1997 in the House of Commons as Bill C-98 but died on the Order Paper at the end of the last Parliamentary session.

Highlights of the proposals include the following:

· The proposed amendments to the Canadian Human Rights Act (CHRA) add a "duty of accommodation" that would require employers to address the needs of people who are protected under the CHRA, including persons with disabilities. This would include, for example, ensuring that a workplace is wheelchair-accessible.

· The new act would also create a smaller, permanent human rights tribunal, which would help to improve the tribunal's ability to hear and make decisions about cases effectively and efficiently.

· Victims of telephone hate lines would now be eligible under the CHRA for compensation from the offender, and the Canadian Human Rights Tribunal could impose financial penalties on the operators of such lines.

· Amendments to the Canada Evidence Act would provide for communications assistance for persons who have special communications needs. In addition, alternative methods of identifying the accused, such as auditory and tactile recognition, would be available.

Amendments to the Criminal Code would:

· ensure that persons with disabilities are not excluded from jury service because of disability if, with assistance, they are capable of serving;

· allow persons with physical or mental disabilities to provide testimony through videotape; and

· create a new provision establishing the offence of sexual exploitation against persons with disabilities which, along with current Criminal Code provisions on sexual assault, would provide the disability community with comprehensive protection.

"For the four million people in Canada who have a disability, these proposals are an important step forward," Minister McLellan said. "They will help citizens with disabilities participate in society on an equal basis with other Canadians."

These proposals fulfil promises made by the government, most recently in "Securing Our Future Together" (Red Book II), to strengthen Canadian human rights legislation. They also follow up on the recommendations of the Federal Task Force on Disability Issues, which called for improved access to the justice system for persons with disabilities and the amendment of the CHRA to expressly incorporate the duty of accommodation.

Minister McLellan indicated that a further review of the CHRA will be undertaken to ensure that the Act is effective in protecting and promoting human rights into the next century.

Ref.:     Gloria Mintah                Pierre Gratton
          Public Law Policy Section    Minister's Office
          Department of Justice        (613) 992-4621
          (613) 941-1978

          Mark L. Berlin               TTY: Carole Théberge
          Criminal Law Policy Section  (613) 957-9606
          Department of Justice
          (613) 957-4686