© 2007
Canada, Land of Equal Access
By Lorne Smith
Canada. It’s the land of government health insurance and constitutional protection for the rights of the disabled.
It’s also home to 3 million people who are hard of hearing or deafened.
So what’s it like to be a hard-of-hearing Canadian? It’s probably about the same as being a hard-of-hearing person in another country, just different. Let’s take a closer look.
Legal rights and accommodations
Discrimination based on mental or physical disability is unconstitutional in
Carole Willans-Théberge, a hard-of-hearing lawyer and advocate employed by the Canadian Department of Justice, is one of the founding members of the National Committee of Federal Public Servants with Disabilities and serves as National President of the Canadian Hard of Hearing Association (CHHA). She explains the legal rights and privileges of hard-of-hearing Canadians.
“The rights of Canadians with disabilities, including those with hearing loss, are protected under the Constitution, notably by virtue of the Canadian Charter of Rights and Freedoms. Notably, Section 15 of the Charter prohibits discrimination based on mental or physical disability. All of the 10 Canadian provinces have adopted a similar provision in their province’s Charter of Rights, and the three territories are included within the scope of the federal Charter. In addition, there are a broad variety of federal and provincial legislation (laws and regulations) that contain specific provisions enhancing the protections for persons with disabilities in specific situations. For example, the Criminal Code of Canada recognizes the rights of persons with disabilities to a full and complete defense in a variety of ways, as well as their right to participate in juries, etc. The Canada Elections Act provides access to voters with disabilities. The list is endless.”
“Because disability rights are constitutionally protected and are recognized in a broad range of legislation, there is no need for the equivalent of an Americans with Disabilities Act.”
“Accommodations in the workplace is the law, notably within the federal public service (federal Employment Equity Act), but also in the public and private sectors, due to the non-discrimination provision contained in the federal Constitution and in the provincial Charters. For the same reason, accommodation to the point of undue hardship applies to public places and recourse can be had to the Canadian Human Rights Commission or to the appropriate provincial Human Rights Commission, depending on the nature of the issue and the appropriate jurisdiction.”
Communications access
The Canadian Association of the Deaf and the Canadian Hard of Hearing Association have advocated for improved access to communications system for deaf and hard of hearing Canadians, and have achieved many victories.
Telecommunications companies provide local relay calls free of charge in
Television captioning and public education are other areas of significant progress. Public-service announcements are shown regularly on TV promoting deaf and other “disabled” Canadians as “abled.”
“The accomplishments over the years have been many,” Willans-Théberge said. “To name only a few, CHHA has advocated for television captioning and has obtained 100% captioning from CBC Canada, a major Canada-wide English-language broadcaster and are moving towards a similar achievement in respect of its French-language counterpart. A nationwide outreach and information effort to hearing health professionals has recently been carried out, in collaboration with partners in federal government and in the hearing health professions.”
“CHHA’s success in reaching out to young hard of hearing adults has captured the intention of our sister organization, Hearing Loss Association of America (HLAA), to whom CHHA has provided information to assist in this regard.”
Willans-Théberge cites captioning of
“Real-time print interpretation (a.k.a. captioning) is one of the methods of communications accommodation preferred by Canadians. The Canadian Hard of Hearing Association is very proud of its achievements in this area. This has included working closely with former federal Senator Jean-Robert Gauthier, himself hard of hearing, to ensure full access to both Houses of the Canadian Parliament (House of Commons and Senate) for Canadians with hearing loss by ensuring the provision of good quality captioning in both official languages, English and French, on the parliamentary television channels. This way Canadians across the country can be fully informed of happenings in the federal Parliament.”
Education access
A sad chapter in
The revelations at Jericho Hill coincided with other changes in society and led to a new government policy for educating students with special needs.
Today in British Columbia, deaf students and others with special needs are integrated into regular public schools where individual education plans (IEPs) are developed that describe individualized goals, adaptations, modifications, services to be provided, and measures for tracking achievement. According to the provincial Ministry of Education, the principle of "placement in the most enabling learning environment" applies when decisions are made about the extent to which an individual student is placed in regular classrooms or an alternate placement.
The trend is similar across
Health care, hearing aids and cochlear implants
Understanding
For example, the
In
With some exceptions, however, hearing aids and other communication aids are not covered by government health insurance. Most are dispensed privately by audiologists and hearing-aid dealers, or by public-service agencies for the deaf and hard of hearing.
As with other medical devices and services, the prices of hearing aids are often lower in
The provision of cochlear implants in
Dr. Sipke Pijl, PhD, director of the Department of Audiology at
“We prioritize people on the basis of the severity of their hearing loss,” Pijl said. “I think what is happening with every cochlear implant clinic is that there are increasing numbers of marginal patients wanting implants.”
“Here in B.C., cochlear implants for adults are on kind of a quota system,” Pijl said. “They will allow us to do 25 implants a year. That’s funding from the [provincial] Ministry of Health. Until about three years ago, they would only allow us to do 10 a year and before that it was five a year.”
An implant at
“The surgery and the entire initial outlay of equipment are all paid for by the Ministry of Health and these devices come with a three-year warranty,” Pijl said. “Once we issue the device to the patient, it’s the patient’s responsibility. I think in the long run people with a CI would pay about the same as people with sophisticated hearing aids.”
Pijl said the average wait for patients to receive an implant in
Pijl said he knew of one patient who bypassed the waiting list and went to a clinic in
Cochlear Americas, Advanced Bionics and MED-EL implants are offered by Canadian clinics, but many clinics specialize in one brand. And since costs are paid by the provincial governments, patients may be limited to the brand or brands offered at clinics in their home province.
Bilateral cochlear implants are not funded in
“These people typically do not use them both at the same time.”
“There are a small number of people who are starting to ask about bilateral,” he said, but it’s hard to justify giving a second implant to someone who is doing well with one device when there is a waiting list for people to receive a single implant.
Still, he admits there are benefits of bilateral implants.
“People with bilateral implants have a better sense of where sound is coming from. They generally hear better in a noise background than people with a single implant.”
Pijl said many people like blending the sounds of a hearing aid in one ear with a CI in the other, and they usually appreciate music better that way.
“A cochlear implant gives you no low-frequency amplification,” said Pijl, who also teaches a course on cochlear implants at the
High-frequency sounds are received at the outer edges of the cochlea, he said. An implant typically goes only about halfway in the 34-millimeter cochlea, not far enough to reach the area that receives low-frequency stimulation.
Pijl has particularly strong views about the merits of bilateral implants for children, and says Canadian audiologists are pressing for governments to fund them.
“If I were responsible for a children’s program, I would consider it malpractice not to implant both ears. If an ear has not been stimulated since early childhood, you cannot get any hearing out of that ear in future.”
He said there is a national move afoot by Canadian audiologists to come up with criteria for bilateral implants.
Summing it up
So what’s it like to be a hard-of-hearing Canadian? Asked whether hard-of-hearing Canadians have it easier or harder than those in the
“It is my personal view that Canadians are blessed in many ways,” she said. “However we are forever open to learning from our counterparts around the world, including the
Congress 2008 participants may find that hard-of-hearing people around the world all the same, just different.