Thank you, Karen.
I have submitted a written brief and hope everybody has had an opportunity to read it. It has been rare for DAWN to do this in advance, but I have done it this time. I hope the members of the committee had a chance to review it.
Today I want to quickly go through its points and to add that there are some new things in my speaking notes, including a reminder about state party obligations; intersectional analysis—albeit I feel that with some of the other witnesses we are going to get some good intersectional analysis, as we already have from the first witness—and an end note that I've added on the vulnerable persons standard as it applies to medical assistance in dying.
Just as a reminder to the committee and the Government of Canada, there are state obligations under both the Convention on the Rights of People with Disabilities and the Convention on the Elimination of Discrimination Against Women specifically for women and girls with disabilities—and again, it's to remind us to investigate, prosecute and punish acts of violence and to leave no space for potential abuse or exploitation of persons with disabilities.
That is just a very quick highlight of what's in my speaking notes.
Regarding intersectional analysis, among the things I want to note is that I appreciate the first witness's reference to the labelling of “senior” as a problematic way to see women with disabilities. Women with disabilities are not a homogenous group. There's a very broad range of considerations; again, the intersectional analysis is quite critical here.
In the very limited research we were able to find on black women, for example, with disabilities, there was a study in Ontario from April 2011. Again, rather than go into the details—because I'm very aware of this time thing and want to focus on some other issues—I'd like to remind everyone that there are many barriers that an older black woman with a disability would face that would be very specific to that intersection.
Specifically, I also wanted to remind us that we are in a time of truth and reconciliation and that it's very important for us to be especially mindful of ways that we can improve our presence on this land today. It's a time for truth and reconciliation and for letting ourselves also consider the needs of older indigenous sisters, in particular, today and consider how we can make reparations and make their lives better for future generations.
To go into the details of DAWN's submission on access to transportation, research indicates that women with disabilities are more likely to be the target of sexual assaults in transit environments. In terms of accessible or specialized transit usage among women with disabilities, the risk increases with the severity of disability. A lack of access to information about transportation and travel, coupled with limited financial assistance, prevents women with disabilities from fully participating in social life. Of the women who report either a severe or very severe disability, 46% report difficulty in using public or specialized transportation. For women in the north, of course, this is particularly true.
In terms of access to health care, the emerging issue that I want to point to, because of the very specific focus of DAWN Canada, is the tension between the Convention on the Rights of Persons with Disabilities and Canada's medical assistance in dying act. Many have argued that the act itself is a violation of Canada's obligations concerning disability and the right to life.
Advocates fear that the act fails to account for the reasons many women with disabilities may seek out assisted dying, which include underfunded palliative and disability support programs, social isolation, a lack of access to needed services and supports—suicide prevention, addictions treatment, trauma-informed services—and because disability still remains stigmatized and undervalued.
In the context of housing and institutionalization, let me add a reminder that the reality is that many senior women who have a disability are homeless, and while women in general are more likely than men to experience poverty, aboriginal women with disabilities, older women, women of colour, and immigrant and refugee women are the most affected by housing issues.
Because of a lack of adequate supported housing in the community, women with disabilities are also at risk for various forms of institutionalization—in group homes, hospitals and long-term care facilities. Additionally, incarceration remains a reality for many women with disabilities who are undiagnosed and therefore untreated. For example, it has been estimated that 40% of Ontario's population of incarcerated women have a history of traumatic brain injury sustained before they committed their first crime.
Access to justice and high rates of victimization against women with disabilities indicate that there are significant gaps with respect to their safety and access to justice. In the review of 120 cases, law enforcement was notified in 96% of these cases, yet only 55% of cases resulted in charges, and only 25% resulted in an assailant being found guilty. In another study looking at sexual assault in nursing homes, only 5% of these cases were prosecuted. Again, for context, we're talking about the low rates of prosecution and the high rates of sexual assault in institutions.
I'll turn to my concluding recommendations, and again there were certainly some excellent ones from the first witness that I really appreciate, which I missed, including focusing on the caregiving piece. I really appreciate that, because unpaid caregiving is something that many older women with disabilities are doing. It's been well documented that there's an overburden of caring for others.
This brief presents research that is relevant to women with disabilities and that has policy implications for older women. In order to ensure that senior women with disabilities, inclusive of race, ethnicity, indigeneity, sexual identity, class and geographic location, are fully included in a social policy and programs, DAWN Canada recommends the following.
We recommend that Canada respect its commitments under the CEDAW and CRPD and other treaties with respect to older women in Canada; that the recommendations of the study focus on the most marginalized seniors using a GBA+ intersectional analysis; that monitoring mechanisms be in place in group homes and institutions to ensure that women are safe and can report incidents of abuse and sexual assault and are supported to do so—I can't emphasize enough how problematic it is that in Canada we do not have institutional monitoring and that we have so much resistance to this idea—that senior women be supported at all stages of reporting sexual assault and abuse; that there be funding for improved availability of adapted and public transportation—
Let's be really clear. In rural and northern communities, this simply doesn't happen; the isolation of seniors in rural communities is a huge and deep concern, and should be for all Canadians.
Furthermore, we recommend that service providers in health care, social services and victim services be educated about the needs across the intersections of senior women with disabilities; that research and policy related to senior women include a disability lens and, most critically, an intersectional lens; that implementation of the medical assistance in dying act be monitored under the vulnerable persons standard to ensure that senior women, in particular women with disabilities, are not subject to coercion.