‘Improperly discriminatory’
Alberta Ombudsman report finds systemic issues impacting access for persons with disabilities
An investigation into the Persons with Developmental Disabilities program (PDD) by the Alberta Ombudsman has found systemic issues in how the program assesses eligibility based on intellectual capacity.
In a public report released on Tuesday, Alberta Ombudsman Kevin Brezinski said the investigation was prompted when Janice Zenari, acting on behalf of her son Evan, sent a complaint to his office. She said her son was denied PDD even though he was born with developmental disabilities and received support through the province’s Family Support for Children with Disabilities program until he turned 18.
The PDD program determined Evan’s Full Scale Intelligence Quotient (FSIQ) was too high and he did not meet the requirements for supports.
Zenari later appealed to the Citizens Appeal Panel pointing out that basing her son’s eligibility solely on his IQ was not indicative of how he would function in the “realworld.” The panel agreed, however, they could not reverse the PDD program’s decision based on a 2013 Court decision.
Brezinski said in the 10 years since the 2013 decision was made, he found that the department of Seniors, Community and Social Services had reviewed the regulation three times, yet no amendments were made.
“It has been 10 years since the Court identified a flaw in the regulation affecting the rights of vulnerable Albertans, yet the department has not taken steps to remedy the situation. The ombudsman found this inaction to be unreasonable and unfair to vulnerable Albertans and those who care for them,” the report said.
Over a decade ago, the Court of Queen’s Bench identified a similar legislative issue on an unrelated case and determined that, if IQ scores were unreliable, the regulation would be unfairly limiting PDD applicant assessments. According to Brezinski, the court emphasized the “flawed nature of the legislation.”
At the end of his report, Brezinski provided two recommendations to the Deputy Minister of the department. The first is for the PDD to work towards amending the regulation to align with the current psychological standards for assessing intellectual capacity. He said the changes should be made “immediately” and no later than Sept. 30, 2024.
The second, was for the PDD to reconsider Evan’s application for PDD based off the panel’s decision.
“I found section 3 of the regulation to be unreasonable and improperly discriminatory. The goal is to improve processes for future PDD program applications, as well as resolve the unfairness experienced by Evan,” Brezinski said.
Brezinski said in the 10 years since the 2013 decision was made, he found that the department of Seniors, Community and Social Services had reviewed the regulation three times, yet no amendments were made.