In
today's society we have many safeguards put in place which are
designed to protect the rights of those who are disabled in our
communities. Government legislation both federal and provincial is
in place to ensure that the disabled have easy access to all public
buildings and facilities. The Human Rights Commission stands as a
guardian to protect and ensure equality for all disabled, even the
United Nations had tabled its directive on the treatment of the
disabled. Billboards throughout the city ask that we see past the
disability and instead recognise the ability. All of this has been
proven to be empty rhetoric in the case of one double-amputee in the
Niagara Region.
If
Bob Hansplant was your father, your brother, or a member of your
family, or even a friend, none of you would stand by idle and permit
the horror of his situation to continue. In fact it is for that very
reason that Niagara Regional Housing, (NRH) and the Regional
Municipality of Niagara have ensured that no public attention is
permitted through so called mainstream media. Niagara Regional
Housing had even made an attempt at intimidation to ensure that the
facts remain silent. A letter signed by Lora Beckwith, General
Manager dated October 8th 2013 had been delivered to Bob
Hansplant. It was a blatant attempt to intimidate anyone from public
access to the truth.
On
October 16th, Bob Hansplant permitted a video interview,
which has been posted on YouTube. Bob Hansplant clearly states in
his own words what motivated him to record this interview, and it is
his own words that need to be heard by all. He says that he wants to
ensure that no other disabled person goes through what he has had to
endure. Through the interview he says more than once, “I am no
different to you, or you...” Though the sadness in his eyes proves
he has been made to feel the opposite. Bob Hansplant may have lost
both of his legs through illness, he has lost parts of his fingers,
and endures dialysis treatment, yet he has not lost any part of his
pride or dignity.
Bob
Hansplant is a man, no different to any other. He has the same
desires and emotions, he feels the same anger and sadness as any
other man or woman. He has suffered not only what could be
considered criminal indifference at the hands of Niagara Regional
Housing, and the Regional Municipality of Niagara, but also threat
and intimidation.
On
September 9th 2013, the United Nations Secretary-General
Ban Ki-moon issued a communication on the issues of the disabled and
human rights. He had said, “A world that recognizes the rights
of the disabled, ensures that people with disabilities can be
productive members of their communities and nations, and provides an
inclusive and accessible environment, is a world that will benefit
all of us – with or without disabilities.”
The Convention on the Rights of Persons with Disabilities and its
Optional Protocol was adopted on December 13th 2006 at the
United Nations Headquarters in New York, and was opened for signature
on March 30th 2007. Canada was among the 82 signatories
to the Convention, making this the highest number of signatories in
the history of a UN Convention on its opening day.
As
Article 1 of the Convention on the Rights of Persons with
Disabilities states, “The purpose of the present Convention is
to promote, protect and ensure the full and equal enjoyment of all
human rights and fundamental freedoms by all persons with
disabilities, and to promote respect for their inherent dignity.”
These
were not simply lofty goals by an international document but a
spearhead for a movement worldwide where people with disabilities
demand that they are no longer seen as “objects” of charity,
medical treatment and social protection. In a world where 15 percent
of the global population is made up of people with disabilities,
change is imperative. People with disabilities want to be seen as
“subjects” with rights, who are capable of claiming those rights,
and making decisions for their lives based on their free and informed
consent as well as being active members of society. Bob Hansplant
has seen little charity at the hands of the Niagara Regional Housing
Authority, let alone the most basic right of accessibility to his own
bathroom.
Now
if the UN Convention on the Rights of Persons with Disabilities uses
too lofty a language for the individuals who run Niagara
Regional Housing, or who are in the employ of the Regional
Municipality of Niagara, then maybe they should be reminded of the
Accessibility for Ontarians with Disabilities Act 2005, and the
Ontarians with Disabilities Act 2001.
a)
Built environment focuses on the physical features of a building,
room, or public space.
b)
Aims to breakdown barriers in buildings and other structures for
people with disabilities.
Now
watch the video of Bob Hansplant and listen to the sound as his
wheelchair crashes into the doorway of his bathroom in his apartment.
Bob has not been able to use the shower in his fourth floor
apartment on Gale Crescent in St. Catharines since he has lived there
four years. Instead he is told to go down to the second floor to
take a shower. Watch Bob try and manoeuvre into the doorway of his
bedroom. Those charitable and caring people at Niagara
Regional Housing - and by the way they are paid well from the
public purse - have offered to move his bed into his living room,
but there is a catch. It would cost Bob some $90.00 to get this
done, and Bob lives on a disability pension.
Now
back to the Accessibility for Ontarians with Disabilities Act 2005,
and the prescribed standards under the Act for “doors and
doorways,” and for “manoeuvring area at doors.” If the sound
of Bob's wheelchair hitting the doorway of his bathroom, or the fact
that Bob needs to go down two levels in his building for a shower has
not been disturbing enough, simply look at the balcony access.
In
order to go out onto his balcony, Bob has to find a way to lift his
wheelchair over a stoop that is approximately 8 inches above his
floor in the living room. Bob has been told in case of an emergency,
such as a fire, he should drop to the floor and crawl out to the
balcony!
True
the United Nations may use language that is more eloquent, and it may
fly over the heads of those at Niagara
Regional Housing, or those we elect to represent us equally at
Niagara Region. Our provincial government is less eloquent in their
Ontarians with Disabilities Act 2001. Here it states, “The
Government of Ontario is committed to working with every sector of
society to build on what it has already achieved together with those
sectors and to move towards a province in which no new barriers are
created and existing ones are removed.”
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The entry into Bob's apartment has damage all around the walls. This is from his wheelchair which has little room to maneuver, coming in or going out of the apartment. |
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More damage from the wheelchair to the walls and front door. |
Should
we ask the lads or lasses at the Ministry of Community and Social
Services to come and look at Bob's balcony access. Under the
Ontarians with Disabilities Act 2001, would this be considered as a
“new barrier” or an “existing one”? The Preamble to the Act
continues with, “This responsibility rests with every social and
economic sector, every region, every government, every organization,
institution and association, and every person in Ontario.”
Yes
less eloquent than the UN and its Secretary-General Ban Ki-moon, but
it is straightforward and to the point. It further states, “The
Building Code Act, 1992 and the regulations made under it establishes
standards for the construction, renovation and change of use of
buildings and structures, including standards relating to the
accessibility of buildings and structures for persons with
disabilities.”
Simple,
straightforward laws, legislated and enforced through the Provincial
Government of Ontario. These are not requests, or guidelines one can
choose to follow or not. Bob Hansplant has absolute rights protected
under legislated law, yet that has clearly been swept aside. A
friend of Bob's, Jenny, had met Regional Councillor Andy Petrowski
and explained the situation to the councillor asking for his help.
Jenny then asked on Bob's behalf that Councillor Petrowski attend a
July meeting scheduled by Niagara Regional Housing.
|
Look at Bob's hands, not only has he lost fingers to illness, he bashes his hands in the doorways to his bathroom, entry and bedroom. |
Regional
Councillor Andy Petrowski is no stranger to ruffling feathers. He is
an individual who still believes that he was elected to stand up for
the people he represents rather than towing the political line. Such
an attitude has brought anger and even open slander and insult by
individuals hiding behind fictitious names. Andy will agree that he
can be at times a 'bull in a china shop', and that provides a fertile
ground for enemies. After all politicians operate under their own
agenda and it's only during an election that they try and sell the
public a different image. Like him or not, Councillor Petrowski is
very much the opposite.
Councillor
Petrowski attended the July meeting after seeing the sub-standard
living arrangements that Bob Hansplant has had to endure. Bob
Hansplant spoke with Councillor Andy Petrowski and provided him with
details of his situation. In an interview with Councillor Petrowski
regarding the issues of Bob's living conditions, Councillor Petrowski
said that Bob was not only open and free about his personal
information, but that he “repeatedly
insisted I could share it with whomever including going pubic with
his information to anyone including the media and the Region.” In
his video interview with Mayorgate, Bob Hansplant confirms clearly
that he gave Councillor Petrowski full consent to use all his
information in any way he could to get help. When asked what
happened after he tried to help Bob, this was Councillor Andy
Petrowski's response: "Since
I advocated for Bob, I have been served with a Bill C-168 Harassment
accusation by a Ms. Mary Ellen McClelland of Niagara Regional Housing
on behalf (supposedly of 3 Niagara Region Housing employees who
attended the July meeting. They are claiming I am interfering with
the due process of helping Bob by attending the meeting “uninvited”
(which I was because Bob and his friend, Jenny, both invited me) and
suggesting that the Region has the financial resources to deal with
Bob's immediate sub-standard living conditions. The harassment
report was authored by a Mr. Jim Hagar of the Region's HR department
and inappropriately copied to several Region employees and a
politician (namely, Acting Corp Services Commissioner Debbie Elliot,
Acting CAO Patrick Robson, Assistant to the Region Chair Matt
Robinson, and Chair Gary Burroughs). The report should have only
been sent to me with no one copied. The harassment accusation is
currently being investigated by the Region's “interim” Integrity
Commissioner, Mr. Robert Swayze. The investigation is pending. I
have also been pursued by the Region's Privacy Officer, Ms. Else
Khoury, who I believe is alleging that I have no right under the
provincial privacy statues to reveal Bob's last name which, of
course, is incorrect. Ms. Khoury has asked me to provide in writing
proof that I have Bob's permission which is a waste of my time and
apparently asked through a Region letter for Bob to the same which is
also a waste of time in my opinion.”
This
has not been the end of the attempts by regional staff at putting a
tight lid on the hell that Bob Hansplant has had to endure. Lora
Beckwith, General Manager Niagara Regional Housing, sent a letter (by
courier) dated October 8th 2013 to Bob Hansplant. In this
letter Lora Beckwith states, “the Access and Privacy Unit at
Niagara Region is conducting an investigation.”
The letter was copied to Ms. Else Khoury, Manager Corporate Records &
Information Services, Niagara Region.
Else
Khoury was questioned by Councillor Petrowski as to who made the
complaint of any supposed privacy breaches, after all it was not Bob
Hansplant. Bob had given full consent to the councillor and even
confirmed that fact in the video interview. Else Khoury said that no
one had complained, that it was self-identified. How can an email,
or emails be self-identifying?
In
addition to Councillor Petrowski another Regional Councillor, Alan
Caslin had also made enquiries on behalf of Bob Hansplant and his
deplorable situation. Mayorgate contacted Councillor Caslin and his
reponse was somewhat shocking. Councillor Caslin said, “We have
been warned by legal staff not to talk about any specifics of this
situation, and out of respect for this person's privacy I can't give
any detail.”
In
effect the Niagara Regional Government has silenced elected
representatives of the people of Niagara. When Lora Beckwith, General
Manager for Niagara Regional Housing said in her October 8th
letter to Bob Hansplan, “Further, staff and Councillor training
will be provided as required,” those
words echoed the actions of Mao Tse Tung's Communist Party and their
infamous re-training camps.
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Bob's wheelchair has no way to go over the 8 + inch stoop at the balcony door. |
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All that Bob can manage is to sit and look out the glass door. He has never been on the balcony in the four years he has lived here. |
Else
Khoury, Manager Corporate Records & Information Services at
Niagara Region claimed that “no one complained” and
that the emails were “identified” as a privacy breach. She also
stated that the issue was brought to the attention of the CAO and
that “many privacy breaches are self-identified.” Is
a logical person then to assume that these emails hummed along the
internet highway in order to stand out? Is it possible that emails
somehow go where they are not sent and ask to be read by someone
else? Either Else Khoury lied and a 'someone' had provided the emails
to her, the CAO or Lora Beckwith, or the Regional Municipality of
Niagara has some form of surveillance over communications made by
elected members of government. Whichever alternative Else Khoury
chooses to be her explanation, an ominous alarm should be sounding
out loud and clear.
Niagara's
regional government and its Niagara Regional Housing management have
made every attempt possible to silence Councillor Andy Petrowski. It
has not been successful, Councillor Petrowski vows to continue to do
what he believes he was elected to do by the people. Another local
resident Preston Haskell was so enraged by the situation surrounding
Bob Hansplant, he wrote about it in his blog, News Alert Niagara. Recently an individual
from the Niagara Regional Housing has claimed that a number of
agencies had been attempting to help Bob Hansplant. So the game has
begun to shift the blame and responsibility whilst a human being
suffers intolerable conditions.
As
so often is the case with our publicly paid people, whether those
elected, those selected (as employees in various departments) and
even those non-elected but granted ascent to heights within politics
such as our senators, blame shifting is a well practised art. Simply
pay attention to the black comedy surrounding someone like Mike
Duffy. Here in Niagara, the Accessibility Coordinator Steve Murphy
has decided to shift the blame on the provincial government as to why
Bob Hansplant has been left in his situation for over four years.
In
early October, Steve Murphy the Accessibility Advisory Coordinator
for the Region claims that he had only recently been contacted to
look for alternatives for Bob. He also says that all should remember
that the Built Environment Standard of the Accessibility for
Ontarians with Disabilities Act 2005, has not received Royal Assent.
It doesn't matter to Steve Murphy that the Act, AODA, Bill 118
received Royal Assent June 13th
2005. Steve just washed his and everyone else's hands squeaky clean.
Now
more questions demand answers from Steve Murphy and the NRH, and the
Regional Municipality of Niagara. Breaking Down Barriers Independent Living Resource Centre, provided a report titled 'Accessibility in
Ontario'. This report examines the AODA Bill 118, Accessibility for
Ontarians with Disabilities Act, its importance and implementation.
It further examines the Standards Council of Canada, and the Canadian
Standards Association. Four major points are made regarding the
Standards Council of Canada: 1) the Standards Council of Canada has
an approved document, 2) is 200+pages about accessible built
environment, 3) there is more detail and higher standards of
accessibility than the Ontario Building Code, and 4) that it is
preferred over the Ontario Building Code for accessible building designs. Surprisingly it does not require Royal Assent and must of
slipped Steve Murphy's mind.
If
the Standards Council of Canada managed to elude Steve Murphy's mind
then surely this document could not of, the Accessibility Plan
2012-2017 for the Niagara Region. Steve Murphy's name appears on
page three of this document.
Regional
Chair, Gary Burroughs wearing his ceremonial chain makes this opening
statement in Section 1, Message from the Regional Chair - “Since
the introduction of the Ontarians with Disabilities Act, 2001 Niagara
Region has worked to ensure our responsibility to legislated
compliance for accessibility standards while also looking to exceed
the minimums set out wherever possible. Niagara Region recognizes our
responsibility to accommodate all of our residents and visitors with
disabilities in order to remain a premier destination for visitors,
as well as a great place to live, work and play.”
This
2012-2017 Accessibility Plan is intended to serve as a compendium of
Niagara Region's compliance with the legislated requirements of the
Ontarians with Disabilities Act, 2001, at the same time introducing a
number of programs, services and initiatives already underway as we
look to not only meet but exceed standard requirements of the
Accessibility for Ontarians with Disabilities Act, 2005 (AODA).”
Under
Section 5, Legislation and Interpretation it defines 'Barrier' as:
anything that prevents a person with a disability from fully
participating in all aspects of society because of his or her
disability, including a physical barrier, an architectural barrier,
an information or communications barrier, an attitudinal barrier, a
technological barrier, a policy or practice (“obstacle”).
Further
in Section 5 under 'Other Organizations and Agencies Participating in
this Accessibility Plan', it lists and describes the Niagara Regional
Housing (NRH): “As administrator of affordable housing
for Niagara Region. Niagara Regional Housing (NRH) is dedicated to
providing and advocating for quality affordable housing in Niagara.
Affordable housing in the region includes more than 2600 units owned
and managed by NRH, more than 4000 units operated by non-profit and
cooperative housing providers, more than 700 units provided by
private market landlords, more than 170 rent supplements and new
communities through new development. NRH is governed by a board of
directors and representatives from the housing sector, the community
and Niagara Regional Council.”
Steve
Murphy is busy looking to find excuses and someone to blame yet his
name is on this document. It is not only Steve Murphy, but Regional
Chair Gary Burroughs and all on the board of directors of the NRH,
particularly those who are Niagara Regional Councillors, who have
failed a human being! There is enough law, legislation, enough cute
sketches as guides and even the Niagara Region's own document in the
Accessibility Plan 2012-2017, to enable those in authority to help
this human being. Each and everyone failed, and that must be
questioned.
Bob
Hansplant is a man who has had to endure conditions that an animal
would not be permitted to endure. He has suffered through
frustration, anger and stress. Every attempt he made to get help
from the “several agencies” fell on deaf ears. For as long as he
has lived in this apartment he has not been able to take a shower in
his own bathroom. Instead for four years he has had to go down from
his fourth floor to the second floor to do so. He has continued to
bash his wheelchair and his hands attempting to maneuver into the
bathroom to use the toilet. His bedroom has no room to move his
wheelchair with safety to get into his bed or out of it. There is no
safe emergency exit in the case of fire, as the balcony has an eight
inch elevated stoop from the floor.
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The bed has difficulty staying in one place as Bob tries to get in or out. You can see the damage it has created to the wall. |
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Accessibility in the bedroom has been a very serious issue for several years for Bob and his attempt at normality. |
Now
there is a claim that Bob has refused the offer of moving his bed
from his bedroom into his tiny living room. Though there is no
mention of the point that Bob, a pensioner, would have to pay 80 or
90 dollars for such an immense privilege. But then the bedroom would
have plenty of room for the wheelchair, except there would be no bed!
People with disabilities want to live as normal a life as their
disability permits. A bedroom without a bed is an empty space, a
living room with a bed is something other than a living room.
Still
none of this was enough, the NRH decided that threat and intimidation
would become their weapons against a double-amputee senior. As
anyone can hear in the video interview how Bob Hansplant was forced
to sign an agreement or be evicted and not have an opportunity to
move to a more accessible apartment. In the video interview with
Mayorgate Bob Hansplant explains of an accident he had after visiting
with friends on his birthday. The result was that Bob was threatened
that if he did not sign the agreement he would not only be evicted
but would have no chance to move finally to a new apartment, one that
would be more accessible for his wheelchair and needs.
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Look at what a scooter is and what Bob uses! |
The
Landlord and Tenant Board provided a document with nine separate
demands, these demands were not decided on and simply drafted by the
Board. These were demands requested by the Niagara Regional Housing
through their legal representative Judith Callender. In the second
and third demand Bob's motorized wheelchair is called a “scooter.”
Bob Hansplant requires a motorized wheelchair as he would not be
able to propel a manual wheelchair with the loss of several fingers.
Comparing actual photos of what a scooter is (as per the Shoppers
Drug Mart catalogue) and Bob's wheelchair it is difficult to
understand how could Judith Callender representing the NRH make such
an error, or for what purpose.
Demand
number seven is for $170 to be paid by Bob Hansplant to reimburse the
application fee by the NRH. Bob could not afford to pay the cost of
moving his bed, now he has this to pay. Threat and intimidation
became the tools which the NRH employed against this double-amputee
senior. The NRH even demand, in written formality, respect from Bob
Hansplant, or else. Have they, the NRH treated Bob Hansplant with
respect for some four years? Have they at the NRH and the Niagara
Regional Government treated Bob Hansplant as an equal human being for
the last four years?
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Looking at the tiny living room, can the bed fit without making this room impassable? |
Steve
Murphy claims that Bob is “not residing in a building that is
owned, operated or leased by the Niagara Region.” He further
says, “In the event this landlord chose to renovate part or
all....” Steve Murphy should look at the provincial document,
issued by a provincial body such as the Landlord and Tenant Board to
see who is the landlord of record here – it is Niagara Regional
Housing! What is the real job description for Steve Murphy at the
Region, clean-up? What has Regional Chair Gary Burroughs got to say
about all of this after his pompous opening message on the Niagara
Region's Accessibility Plan 2012-2017?
In
the end this threat and harassment was not enough. So Lora Beckwith
and Else Khoury step in as Bob seeks the help of Regional Councillor
Petrowski and others. Now a farce of an investigation of privacy
begins to shut down Regional Councillor Petrowski and anyone willing
to help Bob Hansplant, and bring the glare of public exposure to the
conditions he has been forced to live under. Bob has made it clear
that he asked for Councillor Petrowski's help and gave consent for
personal information to be used. Yet no real medical or personal
information had been made public except what was openly obvious. Bob
Hansplant is a man without legs, has lost parts of his fingers and
has been treated in a manner devoid of dignity or respect. It would
seem the NRH would definitely want this kept silent.
Finally
Bob Hansplant received a letter from the NRH on October 23rd
confirming his upcoming move in February 2014. With the potential of
public attention looming over the NRH and regional government they
must look like they 'care'. In the second paragraph it is mentioned
that Bob refused changes to his bathroom and bedroom. After four
years and after such intimidation and threat of the Mediation
Agreement and its demand, who in hell would blame Bob to want to
remain as quiet as possible. Bob Hansplant simply wants out of this
hell he has endured, but he still is willing to be outspoken so as to
be the catalyst that may prevent another human being treated in such
a fashion.
Bob
Hansplant had continued to maintain his normality regardless of the
difficulties he faced with his disabilities. In recognition of this
he had received numerous certificates of recognition, some of which
were from – Community Living Fort Erie, Certificate of Achievement
in training in Hazardous Materials Information Systems; Community
Living Fort Erie, Certificate in Fire Extinguisher Training;
Certificate of Recognition from Port Colborne and District
Association for Community Living; Niagara Training and Employment
Agency, Certificate for Health & Safety Workshop and Certificate
of Recognition from Port Colborne and District for his service and
support on the Board of Directors.
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