A Qualitative Look at Serious Legal Problems for People with Disabilities in Central Canada

Executive Summary

The research

The Disabled Women’s Network (DAWN) was contracted to carry out qualitative research examining the experiences of people with physical and mental disabilities with respect to their legal problems and experiences with the justice process. Participants from Ontario and Quebec shared their experiences through interviews, an online focus group and an online qualitative survey. The results of this research help contextualize the unique experiences of people with disabilities with respect to legal problems and the justice process.

The research explored three key stages within this process, including the legal problems participants encountered, how participants navigated the justice process, and finally the impacts of the legal process on people with disabilities.

The kinds of problems encountered

While participants noted that they had encountered a number of legal problems, the problems below were the most frequently cited:

People with disabilities noted how normal and expected these legal problems were for them. Indeed, more than one participant shared that these serious legal problems were in fact common barriers for people with disabilities.

How participants navigated the legal process

The research highlighted the myriad ways people with disabilities navigated the resolution process, including both informal and formal actions. Many participants noted that they initially sought an informal resolution but that they quickly turned toward formal processes as they sought a resolution.

Participants noted a number of supports they accessed to resolve their legal issues. Frequently cited supports include:

Often, no single clear or linear path was available to reach resolution, so participants often noted they were left to navigate an unclear, inaccessible and confusing process.

Participants also noted a number of barriers to the legal process specific to people with disabilities. Key and frequently cited barriers here include:

Impacts of the legal process

The barriers and processes outlined above had a clear impact on participants. Some key impacts here include:

Overall, participants said that the legal process remains costly, confusing, inaccessible, traumatic and slow, and that it rarely addresses systemic barriers.

Conclusion

For many participants, the legal process remains inaccessible due to the unique circumstances and systemic barriers many people with disabilities continue to face. Participants provided some key recommendations, outlined below.

  1. Conceptualize “justice” in transformative ways that address the needs of all marginalized groups, and seek resolutions that better reflect community needs, including the removal of systemic barriers.
  2. Build a justice process that is not centred on individual complaints so that people with disabilities are not re-traumatized or forced to always have to fight for their rights one person at a time. This includes creating an accessible process and providing plain-language resources.
  3. Invest in community organizations and supports that can address the intersectional needs of people with disabilities.