Inclusion Action in Ontario has recently turned its attention towards adults with developmental disabilities and the right to decide where to live.
Our “My Home, My Way” series has been, over the last few months, looking at housing options for persons with developmental disabilities. This work, from Australia, challenges the belief that people with developmental disabilities can only live in group homes. The project demonstrates that even people with complex needs can live in their own home.
Over the coming year, we will be highlighting various ways in which our systems do not presume competence and do not provide for choice – depriving persons with disabilities of their rights to make a choice at all in some cases – and that forever, people with developmental disabilities are to be treated as children, even into their adulthood and whether or not that is objectively warranted.
In this post we report on our first foray into the legal system as an intervener in an appeal. The Court of Appeal recently granted IAO standing in a case that will allow us to speak to an adult child’s right to decide on his shelter. We are joining People First of Canada and the Canadian Down Syndrome Society to argue that an adult child with developmental disabilities should be presumed able to decide where they wish to live, and not be subject to a court order under the Divorce Act. The case will engage a Charter of Rights and Freedoms analysis regarding the definition of “child of the marriage” under the Divorce Act and whether the definition is contrary to the Charter.
We are grateful to our pro bono counsel Ross & McBride LLP for their excellent work in preparing our application for intervener status and look forward to participating in the appeal with their able representation. As the case progresses, we will keep you posted and share our court materials.
