Disabled Workers in Canada Seek Section 7 Charter Protection

5). I remind Leader Bond, they made this mess.

As the evidence falls into our hands, the group of disabled BC workers standing behind me have quite the grievance building steam. It's ever-clear that the law, policy and regulations those in power between 2001 and 2005 intentionally manipulated in BC, was put upon the people of BC and our most vulnerable with ill-intent.

The outcomes, all the combined social injustice on our plate, speak for themselves. Not that anything here is new. Canadian and Provincial laws have since Confederation legalized violations of our rights by governments. In full breach of Charter Provisions, legislation has maintained itself in this inglorious state across many generations in BC.

6). As disabled workers we've finally had quite enough, given what we've now confirmed those in power drafted across those years clearly intended to empower human rights abuses. Being legalized, none in roles of power thought they'd done a thing wrong. Human rights abuse, legalized, to me stinks of something too familiar.

The excerpt from the concluding remarks in a 2010 study, explains well, why there are so many workers left abandoned, living with ill-health and poverty. This study, The Political Economy of Workplace Injury in Canada: iced a long-baking cake for myself and for everyone across Canada standing with me.

7). I'm diagnosed with chronic, Complex-PTSD, Depression and Intermittent Substance Use Disorder. All due to traumatic stress and chronic-distress induced brain/nervous-system injury. I've these conditions due to inadequate care and due to acts and omissions of action of the BC government that empowered the Workers Compensation Act in 2002 with ill-will. I filed a legitimate claim in 2006 with WorkSafeBC that was denied.

I will not recover further. I'm deemed psychosocially disabled, permanently, as one struggling with mental health and addictions and I've survived a suicide attempt.

8). I've included a recent story of a Correction Officer's plight. I've heard too many such stories over 15 years. Whatever this, new-and-improved Workers Compensation Act 2020 wishes to say to indoctrinate the general public into a state of fragile delusion; as the story of the Corrections Officer testifies, not a thing has changed.

I am a permanently, psychosocially disabled citizen in BC. I write as a member of many groups, representing persons with workers and others with disabilities from all walks of life. As our government has determined, I write as one of the estimated 900,000 persons with disabilities residing in BC and the 200,000 that Leader Bond spoke of today. Seniors in need of daily-care, are persons with disabilities. There's no separation. Disability is disability. It matters not how this is so. And, human rights are human rights.

9). Anyone can end up here. Both yourself, Mr. Premier, and Leader Bond, could end up disabled in an accident driving to the corner-store. In a heart-beat. In a blink, everything can change. Ask any paramedic how many times we faced such a tragedy in our work day to day. The last in power, judged psychosocially disabled human beings as wastes of life. "The Ministry of Last Resort" became a cesspool of judgement and neglect.

The Workers Compensation Act was used as a weapon in each and every one of our cases.

Many of us have died needlessly. Those psychosocially disabled in Canada, since 2016, 15,000+ psychosocially disabled Canadians have perished due to draconian law and policy relative to use of drugs and criminalization. The generation of neglect of persons with disabilities and others in need is shameful. I've confronted barriers for 15 years. Every system we believe is created to help us when things go desperately wrong in our lives; is nowhere near functional in 2020.

10). What Leader Bond knows full well, is that we hounded for change that Party's way for years. Sure, they'd come up to a camera once-in-awhile to dupe the public. A public willfully blind. We've lost our way.

As I wish to get through to our Premier, nothing at the level of 'the consumer' has changed at all under your years of rule. Only recently did you shift in the right direction on drug policy. The most vulnerable continue to die to that yet undeclared humanitarian crisis which has deserved the same response as we've witnessed through COVID for TWENTY-YEARS.

Psychosocially disabled persons, scapegoated, abused and suffering: we've waited on our government in BC long enough. As have workers harmed, intentionally, by law, policy and WorkSafeBC practices. Leader Bond has no business preaching and quite frankly our Premier hasn't either.

11). I'm increasingly mindful of something: "Don't ask a snake to swallow its own head."

In 2019, advocates gave up on you all. We called on the UN Enable Program. The rebuke of the Special Rapporteur who responded to monitor Canada's progress implementing the Convention on the Rights of Persons with Disabilities: validated our every most troubling concern.

Canada ratified our agreement with the CRPD in 2010. Implementation remains but a wish. It's like even our fresh Minister of Social Development and Poverty Reduction, Hon Nick Simons, has no idea what that document as ratified obliges governments to get busy doing.

https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24481&LangID=E

12). There's a group of us hoping to force change. We've initiated the above referenced campaign, 'Disabled Workers in Canada Seek Section 7 Charter Protection'. The goal is to bring disabled workers together from across the country and we hope to ensure Charter Protected Rights are upheld for all disabled citizens from other walks of life in every jurisdiction.

We're standing up for ourselves against compensation laws and those other statutes that govern our society's response through governments. In regard to income and other supports, for persons with disabilities in BC: what the hell are you doing, sir? What part of 'disabled' don't you understand? You've DUTY to these folks. DUTY to the Charter and DUTY to now the CRPD.

13). You know, if I might be a bit of a jerk: meritocracy is a tyrant. Ill-informed leaders shouldn't think on issues like this, monkeying with $300 in additional income, without clearly knowing for yourself why this is an issue.

This kind of idiotic policy move, hits persons living in deep poverty, who've sighed for a bit of time during the pandemic, in a way that adds witness to the fact that our government's are nothing but cruel. I need you to admit that, that's fact. What you've done, taking back that emergency support income now, just before Christmas, no-less: For us, it's as though you've stabbed an icepick in our heads.

WE ARE ALREADY, financially insecure and that alone TRAUMATICALLY-STRESS-INJURES us numerous times across every single day. Now that folks have had at least a little relief, you chose to stab us all again.

14). WE are telling you, sir, that you're so WRONG here. Minister Simons, barfing up whatever he was using today to defend the absurd, will not cover this error for you. You need to start talking to persons with disabilities and/or our direct surrogates. If you keep relying on those in the public service who created this mess over years, walking hand in hand in the past with Leader Bond's band-of-misfits: you'll keep MAKING their same mistakes.

Disability advocates have fought this noble battle to heard in BC for a generation and we've had enough.

Politicians frequently turn to expressing how important it is to value the rule-of-law in Canada. Yet, it is law itself in Canada that basically legalizes human rights abuse out of government service systems. Thus, we turn to Section 52(1) of the Constitution Acts, supported by Section 24(1): we're calling for Section 7 Charter Rights to be invoked on our behalf.

15). The Constitution, Premier Horgan, and by inclusion in our Constitution, the Canadian Charter of Rights and Freedoms: this is supreme law, Premier. The FIRST law we're all meant as Canadians to comply. Our Premiers have a duty here that we're no longer willing to let our own in BC escape.

Will your government respond?

Will you hear us without dragging you into court?

Will you proactively repent?

I'll answer that question with that phrase that's sticking like glue to the brain these days: "Never ask a snake to swallow her own head."

16). I would be honored to accept an invitation to discuss this with you further, Premier Horgan. The group of disabled workers standing in front of those who are extremely vulnerable: we intend to protect these folks along with ourselves. We've much confirmed evidence to share. The burden of holding it is now too great.

On the issue at hand: we know what the Federal Government has committed to in our group. Those with disabilities in BC haven't heard a thing from our BC Government to brighten the day lately. You think, $500 is a big deal? Minister Qualtrough, Federal Disability Inclusion Minister, has confirmed, twice through the press: that the Federal Government is taking over payment of income benefits supports for all persons disabled who need that in Canada. This was announced in the Throne Speech recently as well. Have you not engaged with the Federal Minister?

17). Taking away the $300/month bump, replacing that with an one-time $500 payment our way, I'm sorry, it isn't as helpful as you've declared.. It's nice. It gives someone in deep poverty a minute's break and that's about the extent of what this money will do in real time.

What those disabled persons you serve are telling you sir: WE'D rather keep the increase of $300. All the confusing formula-talk has the Leader of the Opposition standing as a hypocrite in Legislature. She's one of those in power that over those years they were government, created egregious harms and social injustice, exploiting disabled persons and seniors suffering financial insecurity. Her, as you rebuked rightly, 'sudden concern': I agree with you here, it's laughable.

18). It's this kind of garbage that TESTIFIES to the need for embedded human rights protection in ALL laws that govern services and income supports to those most vulnerable to abuse in the society. That's what we need to do. That's how we undo the mess that lot made.

That's how we honor the CRPD, UNDRIP and the Charter. And, Premier Horgan, that's how you uphold the Constitution as supreme Canadian law.

I'm sick of self-appointed gurus of law and policy, who persist in supporting human rights abuse in a nation known as a Champion for protecting said rights. These aren't 'legal' issues. They're moral issues. Ethical issues. Legalizing human rights atrocity, hoping to defend oneself: good luck with that. Good luck indeed.

19). Back to the matter at hand: Premier Horgan. Change your mind. Maintain the $300/month increase for those who rely on Persons with Disabilities Benefits in BC.

Changing our minds: It only hurts for a minute.

I look forward to a reply at your next best opportunity.

We've a frank discussion to have before January.

Respectful Regards,

Darren Gregory
www.traumarecoverybc.com