Transition BC COALITION OF PEOPLE WITH DISABILITIES OCTOBER 1997 No-Fault Insurance IT'S NOT OVER In This Issue: Critique ofTraffic Safety Bill Mediation:Where is it Going? Nader Gives Kudos to Coalition Individualized Funding Conference Report Wilderness Access Tours In August 1998,.1 group of people with disabilities will be making a two-week tour of the Queen Charlotte Islands. Anyone interested in applying should contact us in writing. Please inc include information such as type of disability and reasons for interest in this trip. Wilderness Access Tours c/o BC Mobility Opportunities Society Box 27 - 770 Pacific Boulevard South Vancouver; BC V6B 5E7 E-mail: tetra@istarca supporting 61 Lower Mainland Charities THIRD FLOOR - STAR CHAMBER 156 electronic Bingo 2 Terminals ★ New extended cash booth ★ New Sound System plant Bingo Store Midnight Blue galaxy carpet ★ New round and oval tables. New Caller Booth ★ New Breakopen Lounge ★ Snak & Dab restaurant azure Stratosphere Decor SECOND FLOOR ★ 240 paper bingo scats ★Bingo Store ★ New Caller booth ★Breakopen Booth * Dazzling Money machine’ ★ Violet Ultra Decor Paper Bingo - Smoking FIRST FLOOR B.C.’s only electronic & paper Bingo • Upon 364 days a year from I I am. - 12:30 midnight STARSHIP BINGO, 2655 MAIN STREET, VANCOUVER, B.C. • 879-8930 Photo: transition Ralph Nader Consumer Advocate and Mary Williams, BCCPD President is published eight times per year by the Transition Publication Society. Founding Editor Richard A. Watson Editor/Layout ann Vrlak Contributing Editor Geoff McMurchy in this issue Cover Design Geoff McMurchy Cover Photo Carla Terzariol, Letters to the Editor....................................................... Editorial by Edward P. Good......................................................... Research/Proofreading Eleanor Pasholko Feature . Data Input ; Teresa Kubaseck-Berry Alternate Formats Val Stapleton Traffic Legislation Passed............................................ ’6" Critique of Traffic Safety Bill 7 by Peter Maarsman......................................................... Mediation: Where is it Going by Faith Hayman............................................................. 12 The Etiology and Treatment of Childhood: Part Two by Jordan W. Smoller...................................................... 14 Individualized Funding Conference Report................ 18 Tetra Vital Signs are Strong by James Scanlan........................................................... 20 Nader Gives Kudos to Coalition.................................. 22 Anniversary of Tracy Latimer's Death........................ 24 Rehab: To Merge or Not to Merge? by Mary Margaret Lambert................................................ | Mailout Pushpa Patel Carol Dixon Steve Wong Susan Hardcastle Mark Rogen Voice Recording Eleanor Pasholko Partial funding for Transition Is provided by Human Resources Development Canada. Thanks also to our sponsors, advertisers, members and subscribers. N We welcome articles, graphics, creative writing, et ai (maximum length for articles shoutd be1000 words). The editors reserve the right to edit material. Please send material to: Transition Publication Society - 5 e w s & N 0 t i c e s International News......................................................... 10 Introducing the Chairmate............................................ Accessibility Complaint Against Air Carriers............ 16 INFACT Canada.............................................................. BCCPD Publication Catalogue..................................... Sterilization Scandal Spreads to France.................... c/o BC Coalition of People with Disabilities Editorial Note: The views and opinions expressed within the pages of Transition are 204-456 W. Broadway Vancouver, BC V5Y 1R3 Coalition of.People with Disabilities. The material presented herein is meant to be thought-provoking and to promote dialogue. Transition is your opportunity to share information and to introduce issues which you feel should be brought to the attention of not necessarily those held by the total membership or Board of Directors of the B.C. 075-0188 • TTY 875-8835 Fax 875-9227 Advocacy Access 872-1278 individuals to display creative talent Canadian Publications Mail Product Sales Agreement No. 0507148 October 1997 the disabled community and the general public. It Is also an opportunity for disabled ______ letters Dear Editor: WIC is the Western Interna­ tional Communication, a.k.a. CKNW Radio and its affiliated stations, and BCTV. For over fifty years, CKNW has been pounding the airwaves to ask its many listeners to help with their Orphan’s Fund. This began in the late 40s with children in an orphanage in New Westminster. Since those days, the (erm “orphan” has expanded (o include a larger propor( ion of the “underprivileged” children, i.e., children of single parent families and (he sick children of our community. My question is, why isn't (he disabled adult able to get more without being robbed at (he welfare end? In my day, it was great (o hear my name on a radio request program. But (hat page 2 • October 1997 was fifty years ago. I will be sixty next week. Now that I’m that old and on GAIN/ LOSE, I have to “eat cake” and show my gratefulness. There’s no rest for the good guy. Yours Truly, C.R. Crocker Vancouver, BC Dear Editor: The Benchers of the Law Society of British Columbia have established a new Disability Advisory Commit­ tee. The Law Society of BC is the first in Canada to formally address the addi­ tional hurdles faced by lawyers and individuals with disabilities who wish to enter the profession, prac­ tice law or access legal services. The mandate of (he new Committee is to identify systemic and attitudinal barriers within the legal system and to make recom­ mendations for change. The work fits with the Society’s commitment to equality in the justice system. The Committee would like to hear about factors which prevent individuals with disabilities from being provided equal access and service in the justice sys­ tem. Any individuals who have had problems or diffi­ culties as a result of their disability are asked to share their story with the Disabil­ ity Advisory Committee. Information can be sent to me or Paul Winn, the Committee’s staff liaison, at the Law Society of British Columbia, 845 Cambie Street, 6th Floor, Vancou­ ver, BC, V6B 4Z9. Sincerely, Halldor Bjarnasson, Chair Disability Advisory Committee Law Society of BC Vancouver, BC ~ E d ito r ia l Vancouver,British Columbia,Canada Transition Asa lawyer, 1 have , long appreciated that BCCPD has embodied an es­ sential consumer tenet­ advocacy is important and self-advocacy is absolutely important. The BCCPD mission statement says, in part, that the purposes of the Coali­ tion are “to use education, advocacy and special projects to work toward the dissolution of... barriers in our society,...to provide a strong coherent voice,...and to carry out our mission and projects within a self-help model.” I have had long friend­ ships with some BCCPD members and directors. In my view, this organization has survived and excelled because its members and employees have always taken very seriously the roles of watchdog and advo­ cate. I was invited to write the editorial to this issue, which is dedicated to no-fault insurance topics, because of my own involvement in the recent no-fault automobile insurance campaign. Given the space limitations, I will restrict myself to making three simple points. First, BCCPD’s central involvement in the no-fault battle over the past year was essential to our success in defeating no-fault. Everyone involved knows what a splendid job Margaret Birrell performed with the Coalition Against No-Fault in BC. The fact is that Ms. Birrell was guided by princi­ ples. She understands the critical need for self-advo­ cacy by people with disabili­ ties. She recognized the very negative effects which the ICBC proposals would have had on her constituency. She did not retreat from the fight. She worked with en­ ergy and determination against the odds. Without her assistance and good (continued on next page) October 1997« page 3 Transition (Editorial, cont'd from previous page) members worked well be­ counsel, the Coalition yond their normal hours Against No-Fault in BC may and demands in order to well have failed. accommodate the massive Margaret Birrell was not amount of researching, the only BCCPD contribu­ organizing and communicat­ tion to the campaign. Your ing required by this intense organization has a wealth of campaign. energy and talent. Although Second, you must ap­ numerous members of preciate that the people who BCCPD also worked on this promoted no-fault will not issue, I want to single out give up despite the recent Mary Williams and Mary government decision to Margaret Lambert for recog- ...you must appreciate that the people who promoted no-fault will not give up despite the recent government decision to focus on accident prevention instead of product change. nition. These board mem­ bers of BCCPD are two more fine examples of how effec­ tively your organization rose to this public policy chal­ lenge. Ms. Williams and Ms. Lambert also understood the threats posed to people with disabilities and they made a huge difference through their opposition efforts. They met directly with and influenced senior members of the provincial government and the civil service. Finally, you should be aware that many staff page 4 • October 1997 focus on accident prevention instead of product change. The promoters will have learned from their efforts and mistakes. They may change their strategies. They may re-state their public positions and rely on different spokespeople. They may try to dress up funda­ mental change by relying on American anti-consumer strategies, i.e. call it “con­ sumer choice" or some other misnomer. But their real objectives will remain the same - money and power. ICBC wishes to exercise as com­ plete authority as possible over premium payers, injury claimants and service pro­ viders. And this is no be­ nevolent dictator. The bot­ tom line to ICBC is the financial bottom line. ICBC’s degree of control is already unprecedented within North America. Large amounts of money and human re­ sources, paid for by British Columbians, will continue to be diverted to the same old strategies, including expensive corporate image­ polishing. Third, I urge your or­ ganization to continue to be involved with auto insur­ ance lobbying. This issue deserves your attention as watchdog and advocate. Despite the corporation’s expensive public relations campaign suggesting that ICBC had slipped into seri­ ous financial distress, no senior managers have been relieved of their duties. The blame has been directed to everyone and everything else - geography, weather, roads, lawyers, dishonest claim­ ants. There has been no acceptance of responsibility for any lack of vision or Transition effective administration at ICBC. Without your contin­ ued scrutiny and public comment about the people’s insurer, those in control of the ICBC machine will be responsive only to their own goals. The Coalition Against No-Fault in BC showed leadership to the whole province. It is unfortunate that it took such an intense Accountability will only be achieved by understanding the auto insurance system, monitoring ICBC's activities and speaking publicly in order to keep the corporation honest public struggle before ICBC and the government ac­ knowledged that appropriate resources should be effec­ tively dedicated to safety initiatives. Accountability will only be achieved by understanding the auto Insurance system, monitor­ ing ICBC’s activities and speaking publicly in order to keep the corporation honest. The Coalition Against No-Fault in BC succeeded because of the tremendous efforts of its members. BCCPD was a charter member of that coalition. In true synergistic fashion, the partnership achieved far more than its members could have done by acting individually. BCCPD mem­ bers risk being disenfran­ chised by variations of prod­ uct change which ICBC may promote in future. I encour­ age the BCCPD to continue in its active leadership role on this issue. A victory has been won, but the price of that victory includes your eternal vigilance. Ed Good has practiced as a trial lawyer in Vancou­ ver for the past 14 years and has assisted the disability community on many issues. Long before ICBC's current focus on safety, he worked with the B.C. Brain Injury Association in agitating for bike safety education for children and mandatory bicycle helmet legislation. - UNLIMITED Your Full Service Travel Agency Ask about our 5% Discount on Selected Vacation Packages 1943 E. Hastings Street Vancouver, B.C. Canada V5L1T5 Telephone (604) 253-5585 1 (800) 663-4703 Fax: (604) 253-5586 (g> October 1997* page 5 Traffic Leqislation Passed The Traffic Safety Statutes Amendment Act (Bill 41) was passed on July 24, 1997, marking the end of a successful, year-long effort to oppose the dismantling of the tort system in British Columbia. As indicated in the last issue of Transition, the Act was far from satisfactory at the time of First Reading on June 17. The Coalition Against No-Fault in BC immediately lobbied for changes. Members of the coalilit ons steering committee met with Finance Minister Andrew Petter, the minister responsible for ICBC, on July 21 to outline their concerns. This exchange was held one day prior to (he Second Reading of Bill 41. The coalition followed up with a letter, signed by Gordon Adair and Margaret Birrell, to Minister Petter. page 6 • October 1997 The act proceeded to Third (and final) Reading the following day. We are extremely pleased to report that as a result of the coalition’s efforts, significant clauses of concern were positively altered, including sections pertaining to mediation, structured settlements and net income. Mediation The government met the coalition’s request that the existing privilege of lawyer­ client confidentiality will not be impaired by new regula­ tions. The government also agreed to consult with the coalition and others while drafting the regulations. All regulations with regard to mediation will be co­ ordinated through the Attor­ ney-General’s Ministry. It is unclear when regulations will be drafted or finalized. Structured Settlements In order to ensure that a plaintiffs best interests would be paramount while applying these sections of the legislation, Minister Petter was urged to publicly clarify some references. He acquiesced by declaring on the floor of the legislature that the intention of this amended section is to follow the Wilson v. Martinello case from Ontario. That case favoured the plaintiffs best interests. The reference within Bill 41 to periodic payments mirrors ICBC’s current practice regarding structured settlements. Net Income A plaintiffs gross income will continue to be defined by the courts. Without the actions and concerns of the coalition, Bill 41 would have led to a person’s gross in­ come being defined by regu­ lation. Ultimate Goal There is no compelling evidence to support a con­ clusion that ICBC manage­ ment has given up on its objective to further control the auto-insurance system and reducing payments to claimants. Those whose vested interests favour no­ fault are not going to aban­ don their objectives. Propo­ nents of no-fault schemes in B.C. merely view the current state of affairs as a waiting period. Meanwhile, they will continue to mount and finance their campaign. (From the No-Fault News, Trial Lawyers Asso­ ciation of BC, August 25, 1997). Critique of Traffic Safety Bill by Peter Maarsman_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ It has been a hard fought battle, but the Coalition Against No Fault in BC won some major changes in the legislation to bring In traffic safety initiatives In Bill 41. The following are some of the positive changes: • Creating classes of driver’s licenses with various limits for inexperienced drivers. Also the driver’s record from other provinces and the United States follows them and doesn’t allow a bad driver to start with a clean slate in BC. (s.1) • Permitting a person holding a learner’s license to be charged with a driving offense even though he/she is uninsured, (s.3) • Imposing a condition on a driver’s license that prohibits the holder from operating a motor vehicle while the holder has alcohol in his/her body, (s.4) • Requiring drivers with bad driving records to undergo a driver retraining course or prescribed remedial program for drug and alcohol addiction at their expense, (s.5) ICBC (Motor Vehicle Branch) can now refuse to issue drivers’ auto licenses, permits, etc. where the applicant has outstand­ ing debts and fines (this will help ICBC recover their mounting debt from delinquent drivers), (s.6) Drivers licenses can now be cancelled by registered mail. Notification of cancellation by a peace officer, sheriff or other person authorized by ICBC will be charged to the driver/owner. (continued (S.7) J on next page) October 1997» page 7 Transition (Critique, cont'd from previous page) • Providing for the use of speed monitoring devices or traffic light cameras (this will cut down on people running red lights causing accidents and death at high accident intersections). • Enabling significant fines to be given where a driver is exceed­ ing the speed limit by over 40 km/h (a deterrent for speeding drivers), (s.28-30) • Young offenders guilty of Criminal Code offenses can lose their license for one year on a first offense, three years on second offense and permanently for the third offense (a good deterrent to drinking and driving or auto theft), (s.5) • For driving while license suspended: first conviction, a fine of not less than $300 to $2,000 and imprisonment for not less than seven days to six months; second conviction, $300 to $2,000 fine and not less than 14 days to one year imprison­ ment. anecdotes ANSWERS. ARTICLES complaints letters There is some concern about s.2O. It appears that the owner of a vehicle which is stolen must pay an impound fee to retrieve the vehicle. This fee should not be levied against the owner. We would also like to see additions to Bill 41 such as: • Get tougher with those driving at excessive speed causing accidents or death. • Penalties against young offenders who are joy riding in stolen cars and do not have drivers’ licenses. poems • Sanctions (including loss of license) against drivers who repeatedly violate the rules of the Road. ponderings • Additional measures to curb auto theft such as the Texas model. musings QUESTIONS RECITALS SOLILOQUYS SURPRISES... page 8 • October 1997 The Coalition is also concerned that there is no assurance from the government that revenue collected by ICBC from traffic safety initiatives will be used to cover ICBC’s traffic safety costs. To do otherwise, will punish good drivers by making them pay the costs of catching bad drivers. We are also concerned that the BC Traffic Safety Commission is not given a higher priority by the government. We have noticed in the past that many proposals, such as graduated licenses for youth and photo radar, took many years to come into force after being proposed. We need a strong body to look at these new regulations and other safety measures and force the government and ICBC to implement them in a timely fashion.- Transition your Membership is valuable The B.C. Coalition of People with Disabilities is a province-wide, non-profit organization run by and for people with disabilities. We are an umbrella group representing all people with disabilities and our strength comes from membership support. helping agencies depend on government funding and fear funding cuts. They need an independent advocate like the Coalition to lobby for their interests. • Will you join the Coalition today and help build the voice for people with disabilities? • As soon as you begin your membership, you'll enjoy a number of benefits: • an organization that can lobby the government on behalf of people with disabilities—too many policy research and development on areas of concern to you. membership voting rights, if you are a person with a disability. If you would like more information on BCCPD, please feel free to contact the office at the address below, or call (604) 875-0188. Membership Acceptance Form I accept your invitation to join the BC Coalition of People with Disabilities. Membership Fee (groups and individuals) $10 □ New Membership or □ Renewal? All memberships are renewable annually from the date of application. □ Voting Member or (self-help groups where at least 51% of members have disabilities or a person with a disability) □ Non-Voting Member (all other groups and ablebodied members) Voting and Non-Voting Members: All individuals and groups are welcome to become members of BCCPD. However, voting rights are limited to people who have a disability and groups composed of a majority of people with disabilities (i.e. Self-help groups). Please return your cheque or money order, with this form, to BCCPD, 204-456 W. Broadway, Vancouver, BC V5Y 1R3. We thank you for your support. October 1997* page 9 TRANSITION n May, Disability rate with God to avoid creat­ ing further pain and sorrow” Awareness in Action by sublimating their sexual (DAA) reported the remarks of Bishop Javier urges into “friendship or something more transcen­ Echevarria, head of the dental.” Dr. Baldicci said influential Catholic organi­ her report was “fully in line zation Opus Dei, who said with the teachings of the that most disabled people Church.” If people with are the offspring of “impure disabilities were unable to parents” who had sexual abstain from sex, they relations before marriage. should consider steriliza­ In July, Italian disability tion. organizations protested to Over the years, govern­ the Vatican about sugges­ ments and doctors have tions that people with dis­ imposed abstinence through abilities should abstain from segregation and prevented sex to ensure they did not pregnancy through steriliza­ “Infect" partners or produce tion. In many places, some disabled children. people with disabilities still The uproar followed an experience such repression, article In Medicine and and many more are affected Morality, a journal of the in their personal, emotional University of the Sacred and sexual lives by the Heart in Rome. Maria images of contagion and Cristina Baldicci, a surgeon irresponsibility associated and "consultant in with our forming sexual bioethics", said people with partnerships and having disabilities should “collabo- D page 10 • October 1997 children. These eugenic attitudes deny that people with disabilities have any­ thing to offer as partners and parents. United Kingdom Nikhil Nair, blind since the age of nine, became Cam­ bridge University’s first blind science student and has just gained the top first class honours degree in his subject and one of the high­ est firsts overall. Nikhil also scooped two university prizes and will now begin a research degree in quantum chemistry....Department of Health statistics show what many survivors have been complaining off for some years: that compul­ sory admissions to hospital under the Mental Health Act have risen by 45 per cent over the five-year period 1991-1995. Transition United States US National Organization on Disability Launches its Web Site: http://www/nod.org Every image has a descrip­ tive phrase, so those with visual impairments know what is on the screen. All icons used for navigating to other areas of the site also have optional text links as well. The site gives informa­ tion about NOD’S programs, and and links to NOD part­ ner organizations. Australia At the end of June, a British family faced deportation from Australia because their daughter has cerebral palsy. Under the terms of the Migration Act, even though the girl was bom in the country, she was classified as a migrant because her parents were applying to become permanent resi­ dents. An Immigration Depart­ ment spokesman said all migrants “need to meet certain medical require­ ments...they have to be healthy and not have any conditions that will end up costing the taxpayers’ money.” Public outrage and world-wide media coverage finally led to an exception being made. However, the law remains the same. (Courtesy of Disability Awareness in Action, August 1997). « Introducing the Chairmate David Murphy’s brother Chris broke his neck in 1981. David has come up with a device that once connected to Chris’s leg bag and the valve opened, can safely and discreetly drain the bag throughout the day. With this device, Chris doesn’t need to find someone and some­ where to empty it. It is called the Chairmate and attaches to the back of the wheelchair with a fine tube running to the bottom of the leg bag. Chris assures us it is completely discreet and effi­ cient. He says, “With the Chairmate, my life changed dramatically. I could be left at home alone for long periods— going out to places like pubs, cinemas, restaurants, live sporting events, shopping or simply for a drive are no longer a problem or an embarrassment.” David is currently having the device manufactured and would be interested to hear from anyone who feels they might benefit from it. You can write to David Murphy at 45 Nursery Road, Sunbury-on-Thames, TW16 6LH. Tel: 01932 765160. David will respond to your letter within 24 hours. Mrs. Hazel de Hoedt, Care Manager in a home for people with Cerebral Palsy. “I can’t tell you how much this device is going to help people who use wheelchairs and a leg bag. It will give so much more freedom to both the user and the careperson. I only wish it were around when I worked on the wards. There is a real need that is going unnoticed and the Chairmate corrects this. Well done David; every success in trying to get your device out onto the market. The Chairmate is a winner in every way.” Christopher Murphy, Inventor’s Brother. “Before the Chairmate, I was very limited in what I could do and where I could go because I had to rely on people to empty my bag. I felt if I stayed at home, I would keep my dignity which I felt lost whenever I went out. If the Chairmate can do this for me, it can do the same for anyone in a similar situation. The Chairmate is a fantastic addition to my wheelchair because it works so efficiently. Nobody knows it’s there, but it is something I would never be without.” ~ T R A N S I T I O N Where is it Going? by Faith Hayman Mediation is becoming the focus of considerable dis­ cussion in the legal profes­ sion, from the Chief Justice of the B.C. Supreme Court to the Attorney General’s office. What is it? Before embarking on a quick review of recent devel­ opments in this field, it would be worthwhile to clarify exactly what is meant by “mediation.” Mediation is a process of negotiating to settle a dispute with the assistance of a neutral third person, called a mediator or facilitator. At the present time. If both sides to a dispute agree, they can choose to become involved in a media­ tion before starting a law­ suit or after it has started and before they get to trial. Once a decision is made to mediate, the parties will choose a mutually accept­ able mediator, a date, a (usually neutral) place to hold a mediation and set aside an appropriate period for the mediation. page 12 • October 1997 Why would someone choose to mediate a dispute rather than go to trial? While our judicial system is designed to adjudicate disputes as fairly as possi­ ble, there are some aspects of a trial that may be con­ sidered less than ideal. For example, some cases which have gone to trial may end up being appealed, thus delaying the parties’ uncer­ tainty for many years. An­ other criticism is that a trial usually results in one party “winning” and the other party “losing”. Whatever the result, trials can be lengthy, time-consuming and expen­ sive. Mediations offer an opportunity for both sides to negotiate a win/win solution Learning that fits your lifestyle The Open University and Open College's Disability Services Office can help students with disabilities earn a fully accredited education. Study on your time, at your own home, and at your own pace. Course options range from high school completion and adult basic education courses to college and university courses. For more information, call 431'3238 in the Lower Mainland, TTY 431'3360, or 1'800'663'1663 in BC. E MAil: dsoserv@ola.bc.ca and bring closure to the dispute. What is happening with mediation in B.C.? What does it take for a mediation to he successful? The provincial government has recently passed Bill 41, called the Traffic Safety Statutes Amendment Act, 1997, This legislation, fol­ lowing up on the govern­ ment’s decision to improve road safety, also introduced provisions to mediate the claims of accident victims. A general section enables Rules to be introduced in the Provincial and Supreme Court permitting or requir­ ing mediation to be included as part of a proceeding and governing mediation proce­ dures in all types of law­ suits. Another section, relating specifically to personal injury claims, goes further. It authorizes the Lieutenant Governor in Council to make regulations directing; • the forms that are to be used, • the circumstances and manner in which a party may be exempted from mediation, • costs and other sanc­ tions which might be imposed if a party refuses to mediate, • payment of the media­ tors’ fees, and Both sides must want to settle their dispute, and they must be prepared with sufficient information and documentation to settle intelligently. Are there dangers to mediation? Mediators, although they are skilled in dispute resolu­ tion and usually know the area of law applicable to the dispute, do not assume any responsibility to ensure that a settlement between the parties is fair. This may come as a surprise to the parties, who expect the mediators to act as a safety net or quasi-judge. Where a person’s whole life has been disrupted, possibly perma­ nently, because of accident injuries, it becomes very important that they negoti­ ate a fair compensation package. In general, the more complicated and the more important the issues in dispute, the more impor­ tant it is to have profes­ sional assistance in negoti­ ating the settlement. the qualifications of mediators. A subcommittee of the Coalition Against No-fault in B.C. is currently examining the implications of these new mediation initiatives. We will soon set up a series of meetings with the Attor­ ney General’s office to pro­ vide direct input into the content of the new Regula­ tions. We see it as our man­ date to ensure that the advantages of mediation are pursued on one hand and, on the other hand, appropri­ ate safeguards are put in place to avoid mediations which might result in unfair settlements of the claims of innocent accident victims. ~ • October 1997* page 13 Transition The Etiology & Treatment of Childhood Part Two groups based on the severity fforts to treat childhood of their condition. For exam­ are as old as the syn­ drome itself. Only in modemple, those most severely afflicted may be placed in a times, however, have hu­ mane and systematic treat­ “kindergarten” program. Patients at this level are ment protocols been ap­ typically short, unruly, plied. In part, this increased emotionally immature, and attention to the problem intellectually deficient. may be due to the sheer Given this type of indi­ number of individuals suf­ vidual, therapy is of neces­ fering from childhood. Gov­ sity very basic. The strategy ernment statistics (DHHS) is essentially one of patient reveal that there are more management and of helping children alive today than at the child master basic skills any time in our history. To (e.g., finger-painting). paraphrase P.T. Barnum: Unfortunately, the “There’s a child bom every “school” system has been minute.” largely ineffective. Not only The overwhelming is the program a massive number of children has tax burden, but it has failed made government interven­ even to slow down the rising tion inevitable. The nine­ incidence of childhood. teenth century saw the Faced with this failure institution of what remains and the growing epidemic of the largest single program childhood, mental health for the treatment of child­ professionals are devoting hood—so-called "public increasing attention to the schools”. Under this colossal treatment of childhood. program, individuals are Given a theoretical frameplaced into treatment E page 14 • October 1997 Part One ofthis tongue-in-cheek look at sociology gone astray appeared in the June! July '97 edition of Transition, work by Freud’s landmark treatises on childhood, child psychiatrists and psycholo­ gists claimed great suc­ cesses in their clinical inter­ ventions. By the 1950s, however, the clinicians’ optimism had waned. Even after years of costly analysis, many vic­ tims remained children. The following case (taken from Gumbie & Pokey, 1957) is typical. Billy J., age 8, was brought to treatment by his parents. Billy’s affliction was painfully obvious. He stood only 4’3" high and weighed a scant 70 pounds, despite the fact that he ate vora­ ciously. Billy presented a variety of troubling symp­ toms. His voice was notice­ ably high for a man and, according to his parents, he often refused to bathe. His intellectual functioning was also below normal—he had little general knowledge and could barely write a struc­ tured sentence. Social skills were also deficient. He often spoke inappropriately and exhibited “whining behav­ iour”. His sexual experience was non-existent. Indeed, Billy considered women “icky.” His parents reported that his condition had been present from birth, improv­ ing gradually after he was placed in a school at age 5. The diagnosis was “primary childhood”. After years of hood may not be all gloom. A critical review by Fudd (1972) noted that studies of the childhood syndrome tend to lack careful follow­ up. Acting on this observa­ tion, Moe, Larrie, and Kirly (1974) began a large-scale longitudinal study. These investigators studied two groups. The first group comprised 34 children cur­ rently engaged in a long­ term conventional treatment program. The second was a group of 42 children receiv- Billy presented à variety of troubling ■ symptoms. His voice was noticeably high for a man and, according to his parents, he often refused to bathe His sexual experience was nonexistent. Indeed, Billy considered Women “icky." painstaking treatment, Billy improved gradually. At age 11, his height and weight have increased, his social skills are broader, and he is now functional enough to hold down a “paper route”. After years of this kind of frustration, startling new evidence has come to light which suggests that the prognosis in cases of child- ing no treatment. All sub­ jects had been diagnosed as children at least four years previously, with a mean duration of childhood of 6.4 years. At the end of one year, the results confirmed the clinical wisdom that child­ hood is a refractory disor­ der—virtually all symptoms (continued on page 17) October 1997* page 15 Accessibility Complaint Against Air Carriers page 16 • October 1997 The Canadian Transporta­ tion Agency (CTA) has is­ sued a decision on a com­ plaint filed by Ms. Lucie Lemieux-Brassard of Mon­ treal against Air Atlantic, Air BC, Air Canada, Air Nova, Canadian Airlines Interna­ tional, First Air and NWT Air. Ms. Lemieux-Brassard, a wheelchair user, was travelling cross-country as an observer on the Federal Task Force on Disability Issues in August 1996 when the incidents that lead to her complaint occurred. She said that she en­ countered obstacles on 14 of the 17 flights she took over an 18-day period, and that the airlines did not meet the requirements set out in the federal Air Transportation Regulations and the Person­ nel Training for the Assist­ ance of Persons with Dis­ abilities Regulations. Based on her experi­ ence, Ms. Lemieux-Brassard claims that the training of airline personnel is inad­ equate. After its investigation, the Agency found that on ten of those flights, there were seven contraventions of the Air Transportation Regula­ tions and 15 undue obsta­ cles to Ms. LemieuxBrassard’s mobility. Accord­ ingly, the Agency ordered appropriate corrective meas­ ures. The Agency also con­ cluded that the many inci­ dents in this case may imply a lack of effectiveness of the employee training programs provided by Air Canada, Air Nova and Canadian Airlines International. It will therefore hold hearings in Montreal to assess what additional measures may be required. The carriers have been asked to address these additional measures at the hearing. For more information, contact Monique Bovin at the CTA (819)997-0345.- . Transition .... (Childhood, cont'd from p. 15) persisted and the treatment group was only slightly better off than the controls. The results, however, of a careful 10-year follow-up were startling. The investi­ gators (Moe, Larrie, Kirly, & Shemp, 1984) assessed the original group on a variety of measures. General knowl­ edge and emotional maturity were assessed with standard measures. Height was as­ sessed by the “metric sys­ tem” (see Ruler, 1923). Moe et al. found that subjects improved uniformly on all measures. Indeed, in most cases, the subjects appeared to be symptom-free. Moe et al. report a spontaneous remission rate of 95%, a finding which is certain to revolutionize the clinical approach to childhood. These recent results suggest that the prognosis for victims of childhood may not be so bad as we have feared. We must not, how­ ever, become too compla­ cent. Despite its apparently high spontaneous remission rate, childhood remains one of the most serious and rapidly growing disorders facing mental health profes­ sionals today. And, beyond the psychological pain it brings, childhood has re­ cently been linked to a number of physical disor­ ders. Twenty years ago, Howdi, Doodi and Beuzeau (1965) demonstrated a stx- chicken pox, measles, and mumps among children as compared with normal controls. Later, Barby and Kenn (1971) linked child­ hood to an elevated risk of accidents—compared with normal adults, victims of childhood were much more likely to scrape their knees, lose their teeth and fall off their bikes. Clearly, much more research is needed before we can give any real hope to the millions of victims wracked by this insidious disorder. (by Jordan W. Smaller, University of Pennsylvania) ~ thanks to all the transition readers who responded to our request for "Accessible Recreation Tales". Were also planning an edition on Pain Management and would like to put the word out to readers. If you have discov­ ered any therapies, or treatments, or... that have been a help in managing pain, we'd appre­ ciate hearing from you. Send any material you have to the editor by De­ cember 15th. October 1997* page 17 .... Transition Individualized Funding PROJECT On June 8th and 9th, the B.C. community of people with disabilities achieved another “first”—we held a conference to talk about individualized funding. While it brought together individual consumers, per­ sonal supporters, service providers, agencies, govern­ ment representatives and unions, the conference was planned and organized from the perspective of consum­ ers. The organizers felt it was lime to bring people together to share informa­ tion about individualized page 18 • October 1997 funding (IF) and, with these questions in mind, talk about ways to move IF for­ ward: • What is individualized funding? • How does individualized funding affect our lives? • What is our vision of how we want individual­ ized funding to look in B.C.? • What are some of the problems or obstacles we face? • How can we work to make individualized funding a real option for anyone who wants it? There were 300 partici­ pants through the two days of the conference—the larg­ est gathering ever in B.C. devoted to individualized funding. It provided us with energy, ideas, confidence, mutual support, and the determination to carry on the struggle. The conference was divided into two days. The first day was for individuals with disabilities, seniors, families, and personal sup­ porters to share experiences and talk about what indi­ vidualized funding means and how they see individu- alized funding working best. The second day included representatives from govern­ ment, unions, and commu­ nity service agencies. The conference provided a mix of information—from personal stories of how people’s lives have changed with IF, to presentations that raised some of the broader social and political questions about implement­ ing IF. There was also plenty of opportunity for small group discussions. The conference report is both a record of this event and of the experiences of people who believe in the power of individualized funding to transform the client into the citizen. It is also a call to action with a detailed list of tasks that must be undertaken by consumers, families, per­ sonal supporters, govern­ ment service providers, and unions if individualized funding is to work in B.C.~ (Photos by Pat Feindel) COMPREHENSIVE UNIVERSAL DESIGN SERVICES For a copy of the conference report, contact Donna at the IF project. BCCPD, 204 - 456 W. Broadway, Vancouver, BC, V5Y 1B3,TeL (604) 875-0188 Fax: (604) 875-9227 • TDD: (604) 875-8835. The first copy is free: there is a charge for additional copies. October 1997* page 19 Transition Tetra Vital Signs by James Scanlan Are Strong Thanhs to Hehab Professionals Michelle Baird is a mother of two who has dystonia, a neurological disorder that causes involuntary move­ ment of her limbs and causes some muscles to contract. “My right foot turns in because the mus­ cles are too tight. When 1 wanted to travel with my kids, 1 attached a baby pack to the back of my scooter and carried Davin on my lap. It was awkward and Jasmine was getting too big for the baby pack.” Michelle’s Occupational Therapist, Lindsey McMitchell, assessed the problem and contacted the Tetra Society of North America, a non-profit group dedicated to improving the quality of life for people with disabilities. Says Lindsey, “I think Tetra is great. OTs don’t have the resources to make stuff for our clients.” Meeting with Tetra volunteer r Harry Hardy, Michelle and Lindsey outlined what they wanted; a few weeks later Harry and volunteer Norm Birch had fashioned a car­ rier for the back of page 20 • October 1997 Michelle’s scooter. Says Michelle, “Harry was very nice and quite quick—the carrier is great.” This is just one example of the thousands of projects Tetra volunteers have com­ pleted since Tetra was started in 1987. The Tetra Society of North America is the direct result of founder Sam Sullivan’s efforts to increase his independence. After a skiing accident left him a quadriplegic, Sam noted, “I couldn’t get on the toilet. I couldn’t butter bread. I’d decided to go out and grab life, but I couldn’t even open my own door.” Sam wrote to the BC Professional Engineer maga­ zine, detailing his problems and was visited by retired BC Hydro engineer Paul Cermak who found quick, inexpensive solutions that made a huge difference to the quality of Sam’s life. From that simple begin­ ning, Tetra has expanded to ten chapters in BC and twenty chapters across Canada and the US—groups of technically skilled volun- teers responding to requests from people with disabilities who need something that the marketplace cannot provide. The Tetra chapter in Williams Lake demonstrates the benefits of a close work­ ing relationship between Tetra volunteers and Rehab professionals. According to Angela LaPrairie, an Occu­ pational Therapist that volunteer Mickey Halsall jokingly calls “my boss,” “In a small town where we don’t have a medical supply out­ let, Mickey is indispensable to me. The people he has helped have been so grateful to him. Tetra works so well in a small community where it’s neighbour helping neigh­ bour.” Mickey has designed and built dozens of assistive devices, from the modifica­ tion of a weight machine so that it could be used from a wheelchair, to building a swing for children with disabilities for the Children Development Centre. Mickey sums up the attitude of Tetra volunteers when he says, “My reward is the challenge of designing and building the projects and the satisfaction of helping others.” After three years of helping others, Mickey has become an indispensable part of their health care system. Says Angela, “Mickey went away on vaca­ tion for six weeks. Until then I never realized how much we depend on him.” For more information on Tetra. or chapters in your area, contact: Tetra society of North America Plaza of Nations. Suite 27 770 Pacific Blvd. S. Vancouver. BC V6B5E7 Phone: 604-688-6463 fax:604-688-6463 tsna mindlink.bc.ca http://orcn.ahs.vwo.ca/TETRA October 1997* page 21 According to Ralph Nader; Kudos to the success of the Coalition No-Fault’s efforts Coalition Against can be attributed to the hundreds of volunteers who refused to become discouraged. Speaking to an enthusiastic audience at the August I coalition party, the acclaimed consumer advo­ cate applauded many of the people on hand for putting forth a persistent effort throughout the past year The coalition was suc­ cessful, despite the im­ mense resources of the government and its Crown page October corporation, because it spoke with reason. Mr. Nader initially helped the coalition’s cause on December 4, 1996 by speaking at a luncheon and a dinner reception in Van­ couver He spoke of the effects of “tort deform’’ movements in the United States, and warned that no­ fault “dehumanizes the human being’’ by treating people as if they were chattels. He assisted again on January 3 I by meeting with the Doug Allen Re­ view Team on Auto Insur­ ance Reform and address­ ing the Vancouver Board of Trade. Given Mr. Nader’s unas­ sailable integrity and experi­ ence, it is an honour to have him regard the Coali­ tion Against No-Fault in BC as one of the most success­ ful and broadest-based consumer-advocacy groups in North America. (From the No-Fault News, Trial Lawyers Associa­ tion of BC, August 25, 1997). BC Coalition of People with Disabilities Mission Statement The BC Coalition of People with Disabilities was founded upon the belief that: people with disabilities want and are entitled to equal opportunities in all the activities and privileges that other Canadians take for granted, full inclusion of people with disabilities within our communities is a fundamental necessity for a diverse, productive and economically vibrant social environment, and people with disabilities have the right to expect equality, fair treatment and respect. Because of these beliefs, the purposes of the BC Coalition of People with Disabilities are: to use education, advocacy and special projects to work toward the dissolution of the physical, attitudinal and systemic barriers in our society that deny us equal opportunities, to provide a strong coherent voice for the cross­ disability communities in BC., INFACT Canada The Infant Feeding Action Coalition (INFACT) provides both information and lobbying around the advantages of breastfeeding. INFACT also examines the “politics” of breastfeeding, including the promotion of baby formulas in developing countries. Videos, booklets and other resources are available. For more Information, please contact INFACT Canada at: 6 Trinity Square Toronto, ON M5G 1B1 (416) 595-9819 fax: (416) 591-9355 E-mail: infact@ftn.net - Web site: http:// www.infactcanada.ca to share information with and support other self­ help disability organizations with common goals, and to carry out our mission and projects within a self­ helpmodel. October 1997» page 23 What will CCD do if Robert Latimer is acquitted or given a minimal sentence? . -The Friends of Tracy Latimer are organizing a public event in Toronto on the 5 anniversary of her death. Other activities ' . are also, planned across thecountry . This article is from a .. piece by Eric Norman .In the Latimer Watch published by the s Council of Canadians with Disabilities. \ Certainly, we won’t be able to let it drop, especially if he is acquitted. There is not much we can do directly in the courts. What we can do is con­ tinue to publish the Latimer Watch, follow up on other murders, pursue our media work, and do the necessary legal research. Through our Human Rights Committee, we will continue to advocate and to educate people who make decisions in Ottawa and in the provincial gov­ ernments on the issue of appropriate and inappropri­ ate responses to murder. How do we address pro-Latimer feelings? October 23, 1997 page 24 • October 1997 ’ We have to be clear that we too feel a degree of empathy for Robert Latimer. We do understand that there are difficulties in families when there is a member who has a disability. There are trou­ bles, rough times, traumatic situations. Sometimes there is a desperation for which there is no answer. We do empathize and we do under­ stand, but this does not justify in any way the classi­ fication of Latimer’s actions as anything but murder. Could there be real safeguards? There was a time when we were more Pollyanna-ish and thought that, in this society, it would be possible to have absolute safeguards so that something like this could never happen again. Upon reflection, many of us have come to the conclusion that, no matter how well thought out the safeguards are and no matter how closely they are monitored, sooner or later someone with a disability who doesn’t want to die is going to die at the hand of someone who has responsibility for that person. And that is not acceptable to CCD. What is the impact of the Latimer case? When I was doing an on-air question and answer show on CBC radio, I had a call from a woman who had a daughter with cerebral palsy. She told me that, although her daughter was not in very much pain, that caring for her had more or less ruined her marriage and her life. She said she had decided, having heard the Latimer story, that she too was going to, in effect, murder her daughter. This is a terrible thing to say on the air. She said that if she couldn’t do it in Canada, she would go to Europe where she could. The curi­ ous thing was that the moderator didn’t feel any responsibility to follow up on that particular threat. Since Robert Latimer killed his daughter, and the positive response to him has been made public across Canada, there have been more people who have taken similar action. If he is ac­ quitted or given a minimum sentence, there will be more. Comments from Paul Young, President of People First We believe that Mr. Latimer should have been convicted of murder. Mr. Latimer made the argument that he couldn’t do anything with Tracy and that she was in a lot of pain. It is a devaluing of people who appear to be not capable or severely handicapped. My question is: where were the governments? Why didn’t they see that Latimer had the proper support for Tracy? Because she had a severe disability, this shouldn’t diminish her citizenship. What scares me about the public reaction is that people see no value in some­ one who cannot communi­ cate verbally or appears to be very disabled. They just write them off. People with disabilities are seen as child-like people who will never grow up. 1 think Mr. Latimer should be convicted of mur­ der. It would set an exam­ ple. I believe in my heart, and most of our members do too, that he murdered his daughter. It wasn’t a mercy killing. = October 1997* page 25 Rehab: To Merge or Not To Merge by Mary Margaret Lambert When the BCCPD first be­ came involved in the Coali­ tion Against No Fault, there was a rumour circulating in the disability community that there was a plan to merge the Rehabilitation Services from ICBC with the rehab of the Workers’ Com­ pensation Board (WCB). Representatives of the BCCPD looked for the source of the rumours and were told by ICBC that, “It is just an idea being tossed around. Don’t worry.” was the ICBC’s response. Hearing the horror stories about workers being unfairly treated by the new WCB system, the BCCPD was quite concerned about the prospect of people who had just endured an auto­ mobile accident being thrown into the same night­ mare. Over the last few months, WCB has been under review due to a broad-based outcry for real change. Under the no-fault insurance system, a claims adjuster would have had complete control over the course of a person’s rehab— which is basically how the page 26 October WCB system works. A per­ son can be forced to un­ dergo treatment that their own doctor disagrees with or face having their funds cut off by their claims adjuster. The sole reason the WCB system has been set up this way is to deny workers their right to fair compensation (including proper rehab) to keep the down Keep the costs costs down and make the system look good financially. We hope the review of WCB will do what is fair and just for in­ jured workers. Cost should not be the only factor in one’s treatment, especially in a system where workers pay for in­ surance to get the help they need if ever they are hurt or become ill through job-related circum­ stances. During the ongo­ ing negotiations with the government and ICBC, members of the Coalition Against No Fault heard refer­ ences to how the rehab services should be merged. It is quite clear that some ideas never die. While the idea of off-loading ex­ penses to other areas is still in great favour with the government and ICBC, this idea of merging rehabs will continue to be tossed about and, if we are not careful, it could become a reality. « Mary Margaret Lambert BC Coalition of People with Disabilities Publication Cata­ logue lists all of the organization's position papers, educa­ tional materials, manuals and brochures. PUBLICATION CATALOGUE This includes all of the self-help brochures produced by the Advocacy Access Program covering topics such as the com­ forts allowance, housing, CPP transporation benefits, and more. Contact the BCCPD office at 875-01 88 for your copy. STOP. LOOK. LISTEN. HIV positive? There's a one in four chance that your vision will be impaired by CMV retinitis. if your CD count is below 100 and you're seeing "floaters" and flashes, you may be at risk. Early diagnosis can help. Have your eyes checked regularly, and call to receive your CMV information package: * Registered Trademark of Hoffmann-La Roche Limited Trademark of Hoffmann-La Roche Limited October 1997» page 27 Transition Transition Photo Album Some folks from our Transition mailout team Carol Dixon Steve Wong Vai Stapleton page 28 • October 1997 Transition Sterilization Scandal Spreads to France Paris-About 15,000 men­ tally handicapped women under 45 have been steri­ lized without their knowl­ edge while in the care of French institutions, a weekly magazine said yes­ terday. The women, who in­ clude individuals with learn­ ing difficulties, below-average IQs or social adjustment problems, were sterilized at the request of their parents or on the initiative of super­ vising institutions. Many of the victims were told at the time of the operation that they were being treated for appendici­ tis and are still unaware they can never have chil­ dren. One woman, Virginie, 42, was sterilized in her 20s, despite having only a very light mental handicap. “I wanted to have a baby, but they told me that, be­ cause of a hip operation, I couldn’t have one—it would be paralyzed,” she told Charlie Hebdo magazine. “This was a pretext. They cut my tubes, telling me that they had to operate again on my hip. My mother told me when I woke up. I started to cry. I didn’t dare . to tell the man I was going out with, I was frightened he’d leave me; he adored children.” Although national sta­ tistics are unknown, Nicole Diederich, an academic with France’s Institute for Health and Medical Research, said that 30 per cent of the men­ tally handicapped women in the Gironde department had been sterilized. “The institutions and the parents are responsible. They are the ones who asked for the girls to be sterilized, saying they were incapable of bringing up children,” she said. Diederich said she has tried since 1991 to publicize the scandal, sending details to the ministry of justice, the ministry of social affairs and France’s national ethics committee. No action has been taken. The ethics committee published a report that failed to condemn forced sterilizations, providing that they were carried out at centres supervised by “the most competent” surgeons. (Courtesy of Province, Sept. 11/97). Don't finance what you don't support... the bottom line isn't just the profit line At CCEC we are dedicated to community economic development: • all types of loans business, personal, lines of credit • chequing and savings accounts • travellers' cheques • term deposits • ATM card/credit card • RRSPs • mortgages residential and recreational property • lower interest rates on loans to co-ops and societies Call CCEC at 254-4100 CCEC Credit Union 2250 Commercial Drive, Vancouver, B.C. V5N 5P9 Tel; 254-4100 Fax; 254-6558 October 1997* page 29 Transition Publication Society, c/o B.C. Coalition of People with Disabilities ' 204-456 W. Broadway, Vancouver, BC VSY1R3 • (604) 87S-0I8B • fox 875-9227 Canadian Publications Mail Product Sales Agreement No. 0507148 This prime advertizing spaces could be yours. Call 873-0188 and ask about our Sponsorships and/or other advertising rates* transition subscription form