Hello! This is DeafDots, 11 August 2023.
Bringing alerts & news reports at intervals for all Deaf Canadians.
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[ANSELMO]: In each province across Canada there is a provincial
Human Rights Commission where you can file a human rights complaint.
You can file a complaint based on citizenship, race, and
place of origin, ethnic origin, colour, ancestry, disability,
age, creed, sex/pregnancy, family status, marital status,
sexual orientation or employment. The most important protection
for Deaf people is human rights based on your disability as
a Deaf person. What about the federal government, how can a Deaf person
file a complaint against a federal government agency or fields
under federal regulation i.e. banks, trucking companies,
broadcasters and telecommunication providers.
DeafDots contacted the Canadian Human Rights Commission (CHRC).
The Canadian Human Rights Commission is Canada’s national human rights
institution, and Canada’s federal anti-discrimination body.
We work for the people of Canada and operate independently
from the Government. We speak out on human rights matters wherever
they arise in Canada - especially when they affect people living
in vulnerable circumstances or involve systemic issues. The Commission
receives and screens human rights complaints from people who believe
a federally regulated organization, like the federal government,
banks, the air and rail industry, broadcasting companies, and
First Nations Governments, has discriminated against them.
The Canadian Human Rights Act (CHRA) gives the Commission
the power to research, raise awareness, and speak out
on any matter related to human rights in Canada. The Commission
is responsible for administering the Act, which protects people
in Canada from discrimination when based on any of the grounds
of discrimination such as race, sex and disability. Under the Act,
the Commission receives human rights complaints and works
with both the complainant and respondent to resolve the issues
through mediation. When a complaint cannot be settled,
or when the Commission decides that further examination
is warranted, it refers the complaint to the Canadian
Human Rights Tribunal. In cases where the issue has the potential
to either affect the rights of many people in Canada or help
define or clarify human rights law, the Commission's legal
team will participate in the hearing and represent the public
interest. The Commission also supports the Accessibility
Commissioner and the Pay Equity Commissioner in working
with federally regulated employers to ensure they are addressing
discrimination through proactive compliance with the Accessible
Canada Act and the Pay Equity Act. This contributes to the
elimination of employment barriers and wage discrimination
in federally regulated workplaces for women, Indigenous peoples,
people with disabilities, and racialized groups. Finally,
the Commission is responsible for monitoring how well Canada
is implementing the United Nations Convention on the Rights
of Persons with Disabilities (CRPD). The Commission is in charge
of keeping track of how Canada is following the rules of the
Convention. It is the Commission’s job to point out problems
that Canada needs to fix. We also involve other people and
groups in our monitoring work. We work with people with disabilities,
with organizations that advocate on their behalf and with families
and caregivers of people with disabilities. Together, we work
to make sure Canada follows the rules of the Convention.
[ANSELMO]: How does CHRC work in tandem with ACA?
The Commission also administers other laws like the Accessible Canada Act.
The Accessibility Commissioner is a member of the Canadian Human Rights
Commission. The Commission’s Accessibility Unit supports the Accessibility
Commissioner’s work. They are responsible for promoting, monitoring and
enforcing compliance with the Accessible Canada Act and the Accessible
Canada Regulations. For example, the Unit is currently carrying out
inspections to check whether federally regulated organizations are meeting
their obligations under the Act and the Regulations. They also deal
with certain accessibility complaints, including complaints
from individuals who have been harmed because a federally regulated
organization did not meet its obligations under the Accessible Canada
Regulations. Right now, those obligations are about publishing
accessibility plans, feedback processes and progress reports.
Will the role of CHRC change now that the ACA
will be coming into effect in 2040?
The Accessible Canada Act and the Accessible Canada Regulations
are in effect now. The Act came into force in 2019, and the Regulations
came into force in 2021. The goal of the Act is to create a Canada
without barriers by or before 2040. We have already started checking
whether organizations are meeting their obligations under the Act and
the Regulations. The Commission also continues to handle discrimination
complaints related to disability that are filed under the Canadian
Human Rights Act. The Accessibility Unit works closely with the team
at the Commission that handles those discrimination complaints.
We also collaborate with other federal partners who are responsible
for implementing the Accessible Canada Act, such as the Chief
Accessibility Officer, the Canadian Transportation Agency (CTA)
and the Canadian Radio-television and Telecommunications Commission (CRTC).
Can you give some examples of complaints that a Deaf person
would be able to file a complaint with CHRC?
A great example is a famous human rights complaint that changed
Canadian television programming forever. In the 1990s, a man named
Henry Vlug was frustrated because many of the shows broadcast by the CBC
were not accessible to the Deaf, deafened and hard of hearing community.
Only a small number of CBC programs had closed captioning at the time.
In 1997, Mr. Vlug filed a complaint under the Canadian Human Rights Act
based on the ground of disability. In 2000, the Canadian Human Rights
Tribunal ruled that the CBC was discriminating against the Deaf, deafened
and hard of hearing by not offering closed captioning for all its programs.
And today, closed captioning is a well-known feature on television
across Canada, enjoyed by everyone! As an important follow-up to
this story, the 2015 Eadie case has significantly restricted the
Commission’s concurrent jurisdiction over these kinds of accessibility
issues in the broadcasting sector. In Eadie, a blind man had filed
a human rights complaint against a broadcaster regarding the
inaccessibility of the electronic programming guide on its television
set top boxes. Mr. Eadie wasn’t able to use the programming guide
independently. The broadcaster acknowledged that this was a systemic
problem in the Canadian broadcasting industry. And when the case
eventually went before the Federal Court of Appeal, the Court
of Appeal’s decision has been interpreted to leave little room
for the Commission to exercise its concurrent jurisdiction
over accessibility issues in broadcasting and telecommunications.
If you are curious to read a more detail summary of the Vlug
and Eadie cases, we can provide that to you.
[ANSELMO]: We know there are some Deaf CHRC complaints that have been
filed, however some of them have been referred to other divisions
under the federal government. For example, if someone were to file
a complaint against CRTC, that would not fall under CHRC.
Why is that the case?
As Canada’s national human rights institution, the Commission aims
to address and resolve human rights issues as informally, directly
and efficiently as possible. As a first step, we often refer certain
complaints to other institutions, such as the CRTC, that also deal
with human rights complaints. This is helpful because in many cases
these organizations have the technical knowledge or expertise
necessary to resolve the human rights issues raised in that sector.
That said, if at the end of that alternate redress process the
complainant feels their human rights concern has not been addressed,
they may return to the Commission to pursue their complaint.
The Accessible Canada Act specifically requires the Accessibility
Commissioner to work with other federal partners, like the CRTC,
to ensure that accessibility complaints are quickly and efficiently
referred to the appropriate institutions. We are also working
with our partners to align our policies and practices regarding
accessibility issues, where this is possible.
[ANSELMO]: Does CHRC provide any kind of support in determining
if a complaint may or may not fall under jurisdiction, as many Deaf
people's first language is not English and writing these complaints
out can be very cumbersome and difficult.
Our job is to help make the path to human rights justice an easier
one for people in Canada. In fact, one of the central reasons
we have been busy the past couple of years modernizing our complaints
process is so that people who do not require assistance can move their
case through the process quicker so that the Commission’s limited
number of analysts and human rights officers can focus their attention
on those who need our assistance at every stage of the process.
[ANSELMO]: Jehovah's Witnesses is an international Christian denomination
founded in the U.S. around 1870 with 8.7 million followers in 239 countries.
They identify themselves as Christians but their beliefs are different
from other Christians in some ways. Nick Markin, a hearing CODA
in Kitchener, Ontario tells us more about the "Exercise Patience"
conference in Brampton at the end of last month, July. DeafDots asked
him to tell us more about Jehovah’s Witnesses.
Jehovah's Witnesses are people around the world with common interests.
We may live in different parts of the world raised in the world
with our languages, cultures, race and so on. Even with our differences,
we all believe in the Bible. We read about Jesus, his teachings and
actions. We adapt and follow the same beliefs. We all are Christians.
The name "Jehovah's Witnesses" is a different name and derives
from the Bible: Isaiah, 43:10-12. Jehovah Witness beliefs is listed
at www.jw.org on the home page, go to "Languages" and click "ASL"
then on the "About Us" page under FAQ there is a list of topics
all signed in ASL that explains further.
What is your role with Jehovah's Witnesses and were you born
into a family who followed Jehovah's Witnesses
and what led you to become a Jehovah's Witnesses?
Every week we visit to talk about the Bible in ASL, and
if they would like to discuss or learn further. We talk with
them and teach. Also at Jehovah Witnesses meetings I would
come with the Bible and explain and teach. Not only me but
there's also others that take turns. When we visit Deaf people
and give lectures, we don't get paid. We are volunteers.
My mother and father were not raised as Jehovah's Witnesses
but joined later on. While growing up, they taught me the Bible.
When I was 18, I decided that I wanted to join
Jehovah's Witnesses and have been with them since.
[ANSELMO]: Is the Jehovah's Witnesses conference in Ontario part
of the hearing conference, or only for ASL? Are there any
international Jehovah's Witnesses conferences in ASL,
or only regional conferences?
This year 2023, the three-day Jehovah's Witnesses gathering has
about 6,000 participants in English, French and also ASL.
There are 500 spoken and signed languages. In the United States
people meet in different cities. In Canada there is one gathering
in ASL being held in Brampton, Ontario on July 21-23. Later there
will be a LSQ gathering in Montreal. This year during the 3-day
events, the theme which is the same around the world is
"Exercise Patience”. In discussing this theme we see and
realize to be kind, patient and improve ourselves.
How many Deaf people in Canada follow Jehovah's Witnesses?
In Canada there are at least 200 Deaf people who are part of Jehovah's Witnesses.
[ANSELMO]: The World Federation of the Deaf had their 20th World Congress
in Jeju, South Korea. One controversial issue got the attention
of all delegates at the conference and caused buzz in Deaf social media
worldwide! Rae-Mairi Richardson, our street reporter tells us more.
[RAE-MAIRI]: On July 12, the World Federation of the Deaf issued
a media statement to clarify issues regarding the decision to
host the WFD Congress 2027 in the United Arab Emirates (UAE).
There was some anger by people concerned about UAE’s dismal
human rights track record especially regarding LGBTQIA+ and
Women rights. One woman questioned the UAE representative.
[PERSON 1]: The UAE Ministry of Education forbids teaching subjects
related to LBGTQ. In spite of these oppressive laws, how can you ensure
the safety of LGBT presenters should they come to deliver?
It’s great that you say you respect them but
what is the process of ensuring their safety?
[PERSON 2]: We respect them. Any presentations about respecting
different people including LGBT people, but it is not possible
to have LBGTQ-related presentations delivered on stage.
We must respect the UAE laws and culture.
[RAE-MAIRI]: Joseph Murray, WFD president explains
the procedures to host a WFD Congress.
Three countries had submitted bids: Nigeria, Norway and UAE.
Kasper Bergman, WFD vice-president made this announcement:
Before the Questions period related to one question, we got
new information regarding LGBTQIA+ rights in one country
who said talking about LGBTQIA+ rights and Deaf LGBTQIA+ rights
was not possible which was confusing. The board during noon
lunch hour checked and confirmed that UAE laws conform to
Arabic culture and Arabic faith not to talk about LGBTQIA+ rights.
It’s true.
The WFD has a responsibility to select congress locations that align with
its mission of advancing and promoting the human rights of *all* deaf individuals.
By accepting a congress bid from a country with a track record
of human rights violations and laws against LGBTQ individuals,
and whose own UAE delegate stated during the WFD General Assembly
that their anti-gay laws are to "be respected”, the WFD undermines
its commitment to promoting diversity, equality, and human rights.
This decision also puts our deaf LGBTQ loved ones, community members,
and colleagues who support WFD’s mission and plan to attend the next WFD,
at great risk of bodily harm, possible imprisonment, and possible death.
[RAE-MAIRI]: Canada is one of the WFD member countries.
What does our CAD representative say?
One decision, based on the votes, caused quite a stir.
It concerned the choice of the next location for the WFD Congress in 2027.
The WFD Board presented its table, its analysis based on their values.
There was a question and answer period for all three candidates.
A vote was then called. The United Arab Emirates won the most votes.
Rest assured that the two of us did not vote for this country,
knowing that there are human rights violations. However, the position
of the WFD remains the same, that it is the members
of the WFD who have expressed their vote.
[RAE-MAIRI]: The General Assembly did vote for the UAE to host
the 2027 World Congress. This created a dilemma for WFD whose
philosophy is equality, human rights and respect for all people
regardless of race, nationality, religion, gender, sexual preference,
age and all other differences. What will WFD do now?
[RAE-MAIRI]: A petition is circulating for WFD to take responsibility
for a Safe WFD Congress. It had gathered over 5,300 signatures
by the time this report went into production.
[RAE-MAIRI]: Delegates in many countries posted vlogs to protest
the vote to host WFD 2027 in UAE. DeafDots asked the Canadians
what they thought of the situation.
This harms not just us 2SLGBTQIA+ but also all non-queer people.
When you go to UAE, you all have to be careful with how you dress,
act, and talk. Not just in person but online too. You don't want to
give the UAE government and police any reason to target you.
They will not care if you say you are not queer. They only care
about catching your act. Here in Canada, there is still oppression
toward people who are a bit different from society. Now imagine
being in the UAE, especially being a Deaf person, facing their police,
prison, and justice system. This is NOT safe for ALL OF US.
You know Deaf people in UAE; United Arab Emirates have laws that
oppress LGBTQIA+ and women rights. How could WFD make sure Deaf people
attending the WFD conference are allowed to discuss and give presentations
on Deaf Rainbow and Deaf Women rights, Deaf Human rights and safety?
WFD who represents Deaf people cannot be above UAE's laws
If the United Arab Emirates hosts, where would the safety space be?
Their laws are clear in their country for LGBTIQ+ specifically,
it would be unsafe. They could be jailed or get killed just
for who they are. I myself have attended WFD conferences
a total of 5 times. I know if UAE hosts I would be sad that
I couldn't go as I wouldn't feel safe. It'd be the first time
facing obstacles preventing me from going.
It would be the first time for a WFD world congress to be compromised
being in the United Arab Emirates if presentations on LGBT+ issues
are banned. Every world congress assumes the responsibility to
send a strong message to emphasize that human rights are for everyone.
In the case of UAE, it would not be the same message and it's a concern.
On July 14, WFD issued a second media statement.
What does the UAE have to say?
We would like for all Arab nations to extend their congratulations
to the UAE Deaf community. God willing, they will make all preparations
for the next World Congress in 2027 and make it a success. I know it’s
overwhelming for the UAE to be under attack by other countries because
of the controversy over LGBTQ issues. I urge you to be patient and
ignore this controversy which will eventually die down. I want
for the Deaf Community in UAE to stand firm and
not to be frustrated and withdraw their efforts.
RAE-MAIRI]: There may have been more updates on this situation since
we produced this report. It is unclear where WFD 2027 would be held in 2027.
Thanks Rae Mairi. With social media, even if we don’t go there,
we can still get news about what’s happening there, it’s amazing!
[ANSELMO]: In September, DeafDots celebrates its 3rd anniversary.
DeafDots was launched during International Week of the Deaf (IWD)
which is held in September every year. It is celebrated globally
around the world to raise awareness of the Deaf Community on different levels.
[ANSELMO]: We also had an urgent reason to launch DeafDots due
to the COVID-19 pandemic as Deaf Canadians felt vulnerable and
had challenges getting clear information. Since our launch
in September 2020, our DeafDots team has produced over 60 programs.
[ANSELMO]: Who, what and how was DeafDots formed? Our parent organization
is H3 World TV in Toronto. It is an international Deaf media organization
that produces TV news and shows in International Sign. It is a registered
charitable organization that relies solely on donations and
foundation support. This includes DeafDots, we rely on your support
by making donations through our website which is linked to CanadaHelps.
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