Advocates for disability rights are renewing their calls for a NWT Accessibility Act to overhaul the territorial building code.
It comes after the 2023 NWT Human Rights Commission annual report revealed almost three-quarters of all of human rights complaints in 2023-24 were related to concerns with discrimination against persons living with disabilities.
The report, released by legislative assembly Speaker Shane Thompson, on July 25, notes the commission has been calling for an accessibility act for years.
"Part of the role of the Commission is to advise the Legislative Assembly when we see things that should be changed," stated the report. "The Commission has repeatedly made recommendations to the Legislative Assembly about developing accessibility legislation. Seven other jurisdictions in Canada already have accessibility legislation. The GNWT’s Department of Infrastructure stated they do not currently have a mandated role to play in the accessibility standards for private and municipal infrastructure.
"The Commission will continue to bring awareness to businesses and organizations about the gap between the National Building Code standard of accessibility and an organization’s responsibility to provide accessible spaces and accommodation under the NWT Human Rights Act."
Marcus Jackson, an officer with the NWT Human Rights Commission, told NNSL Media there were 26 human rights complaints made in the 2023-24 year and of those, 19 were disability related — a total of 73 per cent of all claims.
Broken down by community, Jackson said 13 complaints came from the North Slave region, one complaint from the South Slave region and the remaining five were in remote work camps. The report notes that disability-related complaints have take up the majority of complaints heard by the commission since 2013.
"The Commission again urges the GNWT to re-examine this issue and to consider how important accessibility is to many people regardless of their disability," says the report. "The Commission believes the GNWT should adopt accessibility legislation. Providing person-centred services means that physical and online spaces are prepared to meet everyone’s needs."
The report notes that even with the NWT building code lagging behind, the national building code is due for an overhaul in 2025. Businesses and property owners may already not meet the minimum requirements for accessibility under the current code and may find themselves overwhelmed trying to bring their assets up to modern standards.
"Many business owners believe they are exempt from current accessibility standards because they have been 'grandfathered' based on the age of the structure but this is not always the case," reads the report. "Many business owners are surprised to learn that meeting the minimum standards set out in the National Building Code may not mean a space is considered accessible.
"Courts and Tribunals are making decisions that show compliance with the National Building Code (NBC) does not always protect a business from human rights complaints. Businesses have a responsibility to accommodate individuals for their specific needs."
The report notes that as of 2019, nearly half of all human rights complaints submitted across Canada - 49 per cent - are related to disability issues.