From: Paula Boutis <paula.boutis@gmail.com>
Date: Fri, 8 Jan 2021 
Subject: Re: Consultation on definition of child in CLRA
To: <sunny.kwon@ontario.ca>

Dear Ms. Kwon,

I am the President of Integration Action for Inclusion (https://www.inclusionontario.ca/). Integration Action for Inclusion is a charity with over 30 years’ history supporting educational inclusion and living in the community for all persons with disabilities who may require additional support. We work tirelessly to combat segregation in the school community and wider community for persons with disabilities. We seek to eradicate all forms of ableism, including stereotypes that would presume persons with disabilities, especially those with intellectual disabilities, to be incapable of making decisions. 

Quite recently, we received a copy of the below consultation letter, which you sent to Autistics for Autistics.  

Given the short time frame we had to understand this proposal and the issues, we reached out to Pooran Law lawyers to review and understand the matter, as the consultation letter was unfortunately quite unclear as to exactly the issue and “overlap” might have been that you sought to address. From our perspective, receiving financial support or assistance with care from or through parents does not equate to a person being incapable of making decisions in either of those spheres. They are different legal tests and no policy reform should occur which would conflate support (care or financial) for adult dependent children with their capacity to make decisions. The proposal as outlined would seem to do so. 

We have now reviewed the following blog written by Pooran Law. It is thorough and captures the main issues of concern to us and offers a better path forward. 
https://pooranlaw.com/ontario-considers-expanding-definition-of-child-in-childrens-law-reform-act-to-include-adult-children-with-disabilities/?fbclid=IwAR12iwvLl9h4XNrJbagU4e_PXwmUZq3e5rLg6bTSClX8YvpijGZAIU2BmfI

We would be pleased to answer any questions you may have and to provide further comments on legislative reforms to address the policy goals articulated.

To that end, please include us in your consultations. You may send invitations for consultation to the following email: inclusionontario@gmail.com to the attention of the Administrator. Our full contact information, including mailing address, is available on the website.  

Thank you for considering these comments and the submission.

Paula Boutis
President
Integration Action for Inclusion 


———- Forwarded message ———
From: Mallen, Jane (MAG)
Date: Wed, Dec 9, 2020
Subject: Consultation on definition of child in CLRA
To: a4aontario@gmail.com 
Cc: Kwon, Sunny (MAG) <Sunny.Kwon@ontario.ca>


Ministry of the                                       Ministère du
Attorney General                                  Procureur général

Office of the Assistant Deputy         Bureau du sous-procureur
Attorney General                                    général adjoint 
Policy Division                                        Division des politiques
 
McMurtry-Scott Building                         Édifice McMurtry-Scott
720 Bay Street, 7th Floor                        720, rue Bay, 7e étage
Toronto ON  M7A 2S9                            Toronto ON  M7A 2S9
 
Tel:  416 212-5365                                  Tél. :     416 212-5365
Fax: 416 326-2699                                  Téléc. : 416 326-2699


December 9, 2020
 
Ms. Anne Borden
Autistics for Autistics Ontario
a4aontario@gmail.com
 
Dear Ms. Borden:
I am writing in regards to a proposal that the Ministry of the Attorney General has received to expand the definition of “child” in the Children’s Law Reform Act.

The current definition of “child” can be found in Part III of the Children’s Law Reform Act:
 
Child
18(2) A reference in this Part to a child is a reference to the child while a minor. 
 
It has been proposed that this definition of “child” be amended to align with the federal definition of child in the Divorce Act, to ensure equal treatment for children of married and unmarried spouses.  Like the Children’s Law Reform Act, the Divorce Act also deals with custody and access of a child; while the provincial Children’s Law Reform Act applies to unmarried spouses or married spouses who are not divorcing, the federal Divorce Act applies to married spouses who are divorcing. 
 
Subsection 2(1) of the Divorce Act defines “child of the marriage” as follows:
 
child of the marriage means a child of two spouses or former spouses who, at the material time,
(a) is under the age of majority and who has not withdrawn from their charge, or
(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life;

The “age of majority” is defined in subsection 2(1) of the Divorce Act as:
age of majority, in respect of a child, means the age of majority as determined by the laws of the province where the child ordinarily resides, or, if the child ordinarily resides outside of Canada, eighteen years of age; 
This change in definition would give Ontario courts jurisdiction to make custody and access orders in respect of adults with disabilities or medical conditions or who, for other reasons, remain in their parents’ or other caregiver’s charge. Such orders could include decision making responsibility for contact with non-custodial parents, residence, education, health care, culture, language, religion and extra-curricular activities.
Currently, the Substitute Decisions Act governs decision making for adults who are unable to make their own decisions in the areas of property management, shelter, health care, hygiene, safety, nutrition, and clothing.  If the definition of child is expanded as proposed, consideration would need to be given as to how the overlap between the Children’s Law Reform Act and the Substitute Decisions Act could be reconciled.
We are interested in hearing your views about whether the definition of “child” in the Children’s Law Reform Act should be amended to include a person who is the age of majority or over and remains in the charge of their parents or other caregiver because of disability, medical condition or other reasons that make them unable to obtain the necessaries of life. 
 
We would appreciate receiving your views in writing, to sunny.kwon@ontario.ca, no later than January 8, 2021.  If you require additional information or disability-related accommodation to participate in this consultation process, please let us know.
 
We look forward to hearing from you.
 
Yours truly,
 
Original signed by
 
Jane Mallen
Assistant Deputy Attorney General
 
cc: Sunny Kwon, Counsel, Policy Division