BY: BRITTNEY CHANNER
For those who have been keeping up with my social justice contributions for the Toronto Caribbean Newspaper would remember one entry in particular regarding mental health advocacy. Furthermore, in that same article, some would remember me discussing a situation in particular, where a friend of mine who is diagnosed with Asperger’s, was taken advantage of by someone he trusted and unfortunately was left to fend for himself. As someone from the outside looking in, it pained me to watch him come to the realization that the same justice system he believed in for years to assist him, had failed him.
Nevertheless, shortly after that article hit the stands, I was shocked at the overwhelmingly amount of people who commented in agreement or shared their personal stories of friends and family with disabilities in similar situations and not receiving the justice they had imagined. Therefore, I decided to explore the legal rights of those with disabilities and or mental illness and try to decipher what tools and or legal resources, if any, are there to protect vulnerable persons from being taken advantage of.
Currently, the two main federal laws that protect people with disabilities from discrimination include the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act. The Canadian Charter of Rights and Freedoms contain fundamental rules about how our country operates. In section 15 of the Charter, in particular, it is clear that every individual in Canada regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability cannot be discriminated against. What this essentially means is that the government cannot discriminate on any of these grounds in regards to its laws or programs implemented. The Charter also allows for certain laws or programs that are strictly aimed at improving the situation of disadvantaged individuals or groups such as those with a mental or physical disability.
Secondly, The Canadian Human Rights Act of 1977 protects those with physical and mental disabilities and are able to use the act to protect themselves against harassment or discrimination. Although the Charter and the Human Rights Act does offer insightful and rewarding information concerning the rights of those with mental and physical disabilities in reference to employment, housing, and equal opportunity, it, unfortunately, does not give adequate protection from those who plot to exploit people who are deemed to be more susceptible.
Just like my friend, most of the stories that I heard from some of my readers involved friends or family members with disabilities, being exploited for financial gain. Some may refer to this as deception, but the Criminal Code of Canada refers to it as fraud. According to section 380 in the Criminal Code, fraud is defined as anyone who by deceit, falsehood or fraudulent means, whether or not is a false pretense within the meaning of this Act, defrauds the public or any person, whether ascertained or not of any property, money or valuable security or any service. (Department of Justice, 2018)
It is evident that the Criminal Code clearly describes this act to be a crime punishable by imprisonment and yet, so many individuals across the country continue to be victimized by people whose primary goal is to take advantage and manipulate for self-interest.
After this incident, in particular, I must admit that I too saw the justice system differently. All these laws, acts and legislation
implemented to protect the vulnerable and yet, many individuals who identify as having a disability or mental illness continue to feel defeated. The lack of resources and proper precedent to handle situations like these presents itself to be a continuous blockage in attaining proper justice by penalizing those who continue to commit such unlawful acts. In addition, the lack of empathy that exists within particular sectors of society also contributes to why such an overwhelmingly amount of individuals who identify as having a disability or mental illness refuse to come forward.
So, how do we fix this and allow those who are deemed to be vulnerable persons to attain the confidence in their justice system that was once lost? How can we punish those who take advantage of people for financial gain? How can we make it easy for people to come forward with confidence when an offense against them has taken place?
I do not have the answers to all these questions, however, the first step starts with reducing the stigma. Through this, creates better outcomes, better comprehension, and better results.