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Nov/23 - Radio Documentary on Huronia Lawsuit
A radio documentary on the Huronia (and Rideau and Smiths Falls) class action lawsuits plays this coming Sunday, November 27 in the first hour of The Sunday Edition on CBC radio one across Canada and on Sirius Satellite radio 159 across North America.It will also be on the web: http://www.cbc.ca/thesundayedition
The class action is proceeding against the Ontario government, that we hope
will benefit all those who lived in Huronia Regional Centre between the
years of 1945 and 2009, when it closed.
The government is presenting related documents to our lawyers now, and we
expect examinations for discovery to take place later this year, as we move
forward towards trial.
Others are working to pursue closely-related class actions concerning
systemic problems at the other 2 Ontario government institutions which
closed in 2009.
I understand that people have come forward to document their experiences of
abuse and neglect in Rideau Regional Centre and Southwestern Regional
Centre. However, there is a need for more information, particularly about more
recent years.
In the Huronia class action, the affidavits of former residents, staff and
family members have shown that problems persisted right up until the time it
closed. One of these people had even opposed the closure of the institution, and
thus her loved one had been among the last to leave. But the many ways his
life improved once he moved out convinced her it was finally safe to to
speak up about all the pain he had endured there. Unless the court can be shown that problems persisted in more recent years at Rideau and Southwestern, fewer survivors of those institutions will stand to benefit from legal action.
I wonder if you can encourage others - staff and residents - to come forward
so that no one who suffered is excluded from potential benefit.
Please contact huroniaclassaction@kmlaw.ca A lawyer can come to help people
document their relevant experiences or observations in straightforward and
respectful ways.
After all, do we really think the Ontario government would have closed all
of its institutions, if it were possible for them to become humane places
with supportive programs? Are the people who are still forced to live in the institutions in other Canadian provinces not still experiencing harm?
Yesterday, the New York Times carried horrible stories documenting ongoing
abuse of people with disabilities in New York State institutions. There is intensive coverage - with video, and comments - at http://www.nytimes.com/interactive/nyregion/abused-and-used-series-page.html
One staff person dared to speak up; families wish they had done more. These seem like the same old stories: now as then, there and here. Unless more people come forward with information since about 1990, the government might convince the courts and the public that Rideau and Southwestern stopped being abusive places.
We hope that our success in having the courts recognize these class actions will assist CACL in its efforts to close institutions still operating in other provinces. Thousands of Canadians have signed CACL's declaration to close government institutions across the country. We were interested in the poll at, where CACL asks: "Should people with intellectual disabilities who have lived in institutions have a right to financial compensation from the Federal and/or Provincial and Territorial governments?" Please vote "yes" now, and tell others.
We are very encouraged by recent discussions we have had with Anne Stafford, who has been an advocate for people with developmental disabilities in Ontario for about 60 years as a citizen, for 34 years in the employ of Community Living Ontario. Annie was appalled when she first learned that parents never got to see where their sons' and daughters' lived, in Orillia. It is a fascinating story about how she got them IN, and horrifying to hear what they saw. But this story resonates quite eerily, when you read what is still happening to children in New York State.Annie asked me to say that she thinks it is absolutely essential to never forget about the harm institutions do to people with disabilities and to society. Like us, she believes the public needs to know and the government needs to admit this, if we are ever to make peoples' lives better.
The class action process relating to these 3 Ontario institutions has close parallels with the First Nations Residential Schools legal process, on which our lawyers worked, coincidentally.The settlement aboriginal people received involves both financial compensation and community development and restitution.Especially since talking with Annie Stafford, I have been reflecting on the ways people with disabilities might benefit from similar outcomes from these class actions, should they be successful:
1. The courts would decide whether survivors receive money. We understand that such money would not jeopardize ODSP payments or be used for otherwise-funded services. Many people will require assistance with this.
Just like First Nations people, most of their lives have been so impoverished - but now they might be compensated in the one way our society values. Annie Stafford told us about the benefits provided by the "Light Up the Future" fund she inspired, which provides bursaries for all sorts of dreams to come true - see http://www.avivacommunityfund.org/ideas/acf6302
Institution survivors have lost the best years of their lives. Imagine how some financial compensation could both recognize that and open up new opportunities.
2. We are attending an Awareness day this weekend at Nawash First Nation (at Cape Croker, near Owen Sound). It marks the 3rd. anniversary of the Government of Canada's official apology to aboriginal people harmed by residential schools, see
http://smhuc.ca/southampton/reports/Awareness%20Day%20-%20June%2011.pdf
This is one of many events across Canada being organized where people who attended residential schools will be honored and will have the opportunity to tell their stories.
Imagine the Ontario government acknowledging the systemic harm done to people in the institutions it operated.
Imagine some creative ways those people could tell the world their stories - for "truth and reconciliation."
What if - just like First Nations people - people with developmental disabilities had such a public opportunity to say "Never again!"
Please send any questions or suggestions to Jim and I. Please share this
message broadly.
We appreciate your support.
Marilyn Dolmage
inclusion@sympatico.ca
Phone 416-531-2618
Jul/29 - Lawsuit by former Huronia residents will proceed
A sweeping class-action lawsuit from developmentally disabled people alleging decades of abuse at an Ontario institution could include tens of thousands of people from across the country, the plaintiffs' lawyer said Wednesday.Read More >>
Jul/27 - New publication of the CACL PFC Task Force on Deinstitutionalization released
The Right Way booklet is a guide for community and government leaders involved in planning the closure of institutions for persons with intellectual disabilities and the creation of supports to enable individuals to move from these institutions to their own homes in the community.Beginning with background information about institutions, community living, public policy and human rights, The Right Way presents principles and key elements for planning the closure of an institution based on lessons learned in Canada and elsewhere over the past 30 years. Our title, The Right Way, has been carefully chosen — not to suggest a single, correct approach, but as a bold statement emphasizing that how an institution is closed is just as important as the imperative that all institutions must be closed.
This document was prepared by the People First of Canada (PFC) — Canadian Association for Community Living (CACL) Joint Task Force on Deinstitutionalization.
To access this document, click Right Way Guide English or Right Way Guide French
Jul/26 - All experts agree that community-based living the way forward
HOW THEY DO IT ABROAD: MOST WEALTHY western countries have been closing down institutions for people with disabilities for the past 40 years.Read More>>
