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Disability rights in Prince Edward Island: Wikis


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Disability Support Program (DSP) 2001 Inauguration

In 2001, Pat Binns’ government inaugurated the Disability Support Program intended to provide assistive devices and social integration assistance to Islanders with disabilities. The DSP grandfathered several older programs.<ref> CBC: P.E.I. offers new disability support program[889]</ref>

Complaints against the DSP

Thirteen Human Rights complaints were filed with one closed. <ref>PEI Human Rights Panel: Jennifer Coady v. Dept. of Health and Social Services [890]</ref> Twelve Human Rights claims affecting 90 Islanders with disabilities were settled just prior to the 2003 election. <ref>CBC:P.E.I. flip-flops on disability age cut-off [891]</ref> Four alleged cases of Human Rights abuse, based on the changes in 2001 funding for autism supports, were heard in January of 2007 (undecided). <ref>PEI Human Rights Commission: Vic Douse v. Government of PEI[892]</ref> <ref>Ibid: Carolyn Bateman v. Government of PEI [893]</ref> <ref>Ibid: Brad and Dale Wonnacott v. Government of PEI [894]</ref> <ref>Ibid: Margaret Murphy v. Government of PEI [895]</ref> (Official references do not disclose the nature of the complaints but media reports do.) <ref>The Guardian January 31, 2007: Parents of autistic children allege discrimination under support program, reprinted [896]</ref> <ref>CBC January 30, 2007: Disability funding complaint goes to human rights commission[897]</ref>

The DSP generated seven complaints to the PEI Privacy Commissioner, 5 reported and 2 reported in the media. <ref> Freedom of Information and Protection of Privacy Act Re: Department of Social Services and Seniors Disability Support Program Prince Edward Island Information and Privacy Commissioner: INVESTIGATION REPORT PP-06-004[898]</ref> <ref>Ibid: INVESTIGATION REPORT PP-06-001[899]</ref> <ref>Ibid: INVESTIGATION REPORT PP-06-002[900]</ref> <ref>Ibid: INVESTIGATION REPORT PP-06-005[901]</ref> <ref>CBC December 5, 2006 No SIN in support applications, province told[902]</ref> <ref>CBC News at Six TV video: Intimate Detail Personal Questions [903]</ref>

PEI Government Response 2003

Facing DSP client dissatisfaction and an election in 2003 Binns’ government commissioned the Baker Report. <ref>FORMATIVE EVALUATION:PRINCE EDWARD ISLAND DISABILITY SUPPORT PROGRAM Final Report July, 2003[904]</ref> The Baker report faults the government in 9 instances for a “corporate culture of cost containment cost avoidance” that “manifested itself in a conservative approach to service delivery…”, “that is largely counterproductive to a new program…”, and “…appears to be systemic.” <ref> Ibid pages vi, viii, 45, 51, 56, 62, 63, 82, and 83</ref> Baker provides a detailed analysis of the strengths and weaknesses of the program, including some negative feedback from the disability community about access, coverage, equality and the review process.<ref>Highlights - BackgrounderReport of Disability Support Program Formative Evaluation and Telephone Survey August 22, 2003 [905]</ref><ref>PEI Disability Support Program Telephone Survey [906]</ref> The Minister issued a press release that neutralized the complaints and forward going recommendations of the Baker Report. <ref>Minister Releases Evaluation of the Disability Support Program
[907]</ref>


The report was swept under the rug after Binns’ election win that fall when reforms to the program were not made and criticisms were not adressed. In fact, as we found out later the move was on to tighten up spending and the program client review process.

Ministerial Advisory Committee on Disability Issues

In June of 2004, the Minister announced the formation of the Ministerial Advisory Committee on Disability Issues which was pre-announced in the August 2003 press release (Ibid).<ref>Minister announces formation of advisory committee on disability issues [908]</ref> Members included "Kevin Porter, Victor Gallant, Raeanne Garnhum, Sandra Boswell, Helene Garg, Stephen Pate, Willy Sigsworth, Joan teRaa, Kevin Walsh, and Debra Pagett." The Advisory Committe was not able to produce any improvements to the Disability Support Program prior to the 2006 cutbacks. Its 2006 Annual report merely re-iterates some of the problems identified in Baker. <ref>Advisory Committee on Disability Issues Annual Report January 2006 [909]</ref>

DSP Reforms 2006

In April 1, 2006, Binns’ government cut DSP spending. 2006 spending had been $8.7 million but was cut to $8.1 million in the Budget estimates of April 1, 2006 (page 109) whereas all other groups in the department received at least a 5% increase in spending. <ref> PRINCE EDWARD ISLAND ESTIMATES 2006 2007 Prepared by Department of the Provincial Treasury[910]</ref>

Two contentious issues of the DSP are individual spending ceilings and the client review process. When a person with a disability seeks funding from the program, their are interviewed by a case worker who administers the Screening Tool or FIM for Physical Independance Model. The tool was purchased from a US based seniors hospital. From the tools numberical results the caseworker calculates the persons level of ability/disability as a percentage. Clients with 75% or more ability are awarded a maximum of $300 per month in support, more than 50% get $700 per month, etc. The maximum support is $3,000 per month. All supports are subject to a client means tested contribution. Prior to July 2006, these levels were considered guidelines, that is if the client needed $500 in support but the FIM indicated $300, they would have their needs met at $500. The regulations were changed in July 2006 to remove caseworker discretion by renaming the levels as funding "ceilings". <ref>PEI Disability Support Program Policy Manual [911]</ref>.

DSP clients with a disability "may request that decision be reviewed" if they are unhappy with the decision of the case worker. Originally the review process was a mixture of process under DSP regulations and the actual needs of the person with the disability. Many reviews were decided on the concept of equity not the exact legal nature of the regulations, that is the disabled person would receive their needs beyond the regulations. In July 2006 the regulations for reviews were tightened up to only "make a finding regarding adherence to the DSP policy and work processes." <ref>PEI Disability Support Program Policy Manual [912]</ref>. The review panel is not independant of the department since it is comprised of three employees of the Disability Support Program. There is an apparent conflict of interest and requests have been made to move the process to an independant tribunal.

DSP Reforms 2007

In the Budget of 2006/2007, the Province restored $900,000 in funding to the DSP. PEI Disability Alert, an advocacy group, stated this is the amount cutback from last years funding and has called on the government to increase funding by the 9% given other departments. <ref>CBC News April 11, 2007 Disability advocate fears increase not enough[913]</ref> <ref>Guardian April 4, 2007 Disability Alert takes rally for more supports to MLAs [914]</ref>

References

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