In October 1980, Canada’s Prime Minister, Pierre-elliot Trudeau was dead set on repatriating the constitution of Canada. At the time, Canada’s constitution was under the control of the British parliament. Repatriating it meant that Canada could finally amend it without needing British approval. Trudeau also wanted to add a charter of rights and freedoms to Canada’s Constitution, which would create a set of new constitutional rights that no government could violate.
The problem? The new constitutional right to equality to be included in the Charter of Rights did not protect people with disabilities from discrimination.
This episode tells the story of the advocates who successfully lobbied to have disability rights included in the new Charter of Rights. David
Lepofsky, fresh from law-school, was among them, along with fellow disability rights advocate and social worker , Yvonne Peters. The two together, both now retired lawyers who are blind, share their perspectives on this landmark victory in disability advocacy. Yvonne Peters became a lawyer after these events, and devoted her career to human rights issues. David Lepofsky and Yvonne Peters did not meet each other or learn about each other’s efforts in support of the disability amendment until years later.
David Lepofsky’s memoir: Swimming Up Niagara Falls! The Battle to Get Disability Rights Added to the Canadian Charter of Rights and Freedoms” is Available online for free download at
https://www.aodaalliance.org/whats-new/swimming-up-niagara-falls-the-battle-to-get-disability-rights-added-to-the-canadian-charter-of-rights-and-freedoms-by-aoda-alliance-chair-david-lepofsky-now-available-as-free-audio-book-ms-word/
in pdf, MS Word, e-pub formats and as a free audio book, or for purchase as a hard copy book from Amazon or as a Kindle e-book from Kindle.
Watch David Lepofsky’s December 12, 1980 presentation to the Joint Committee of the Senate and the House of Commons ofCanada on the Constitution of Canada:
https://www.youtube.com/watch?v=hBdYFUtAslc
David Lepofsky’s January 29, 1981 Interview on CBC Radio This Country in the Morning re the Disability Amendment to the Charter of Rights:
https://www.youtube.com/watch?v=PnqNpeGhWP0
David Lepofsky’s November 26, 1981 Interview on CBC Radio This Country in the Morning re the Disability Amendment to the Charter of Rights
https://www.youtube.com/watch?v=rcn6mZcJeLc
September 16, 2024 Interview with AODA Alliance Chair David Lepofsky on TVO’s “The Agenda With Steve Paikin” on His Memoir About the Battle in 1980 to Get Disability Equality Rights Added to the Canadian Charter of Rights and Freedoms:
https://www.youtube.com/watch?v=rELGQu2ulSI
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