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    Canadian Political Science Association
    2020 Annual Conference Programme

    Confronting Political Divides
    Hosted at Western University
    Tuesday, June 2 to Thursday, June 4, 2020
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    Presidential Address:
    Barbara Arneil, CPSA President

    Origins:
    Colonies and Statistics

    Location:
    Tuesday, June 2, 2020 | 05:00pm to 06:00pm
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    KEYNOTE SPEAKER:
    Ayelet Shachar
    The Shifting Border:
    Legal Cartographies of Migration
    and Mobility

    Location:
    June 04, 2020 | 01:30 to 03:00 pm
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    Keynote Speaker: Marc Hetherington
    Why Modern Elections
    Feel Like a Matter of
    Life and Death

    Location:
    Wednesday, June 3, 2020 | 03:45pm to 05:15pm
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    Plenary Panel
    Indigenous Politics and
    the Problem of Canadian
    Political Science

    Location: Arts & Humanities Building - AHB 1R40
    Tuesday, June 2, 2020 | 10:30am to 12:00pm

Law and Public Policy



D01 - Conceptualizing Care and Social Inclusion in Canadian Law and Public Policy

Date: Jun 2 | Time: 08:45am to 10:15am | Location:

Policy Implementation in the Social Inclusion Era of Canadian Disability Politics: Daniel Dickson (Concordia University)
Abstract: For the past twenty years the concept of social inclusion has been at the forefront of Canadian disability policy. Disability advocates and policymakers have sought to increase inclusion through an accessibility agenda that draws from the social model of disability by emphasizing the removal of exclusionary barriers (both physical/environmental and social/attitudinal). These efforts are reflected in significant provincial policy advances, and have culminated in the creation of the forthcoming Accessible Canada Act, which commits to the removal of exclusionary barriers at the federal level. This paper assesses the outcomes of the social inclusion era in Canadian disability policy by comparing how Canadian provinces are framing and reframing inclusion through policy design and implementation. To this end, I conduct a critical frame analysis of existing disability policies in each Canadian province, as they pertain to a specific target population: people with developmental disabilities. The framing of policy designs are then contrasted with the reframing of social inclusion by policy implementation actors. Through interviews with self-advocates, advocacy groups, disability service organizations and public officials in two Canadian provinces (Nova Scotia and Ontario), I assess whether an implementation gap exists, and if it has been exasperated by austerity measures that have coincided with the arrival of social inclusion policies. Through cross-provincial comparison, I derive insight into best practices ahead of the Accessible Canada Act, and assess the future utility of the inclusion paradigm in Canadian disability policy.


Law’s response to caring: An on-going struggle to define state / citizen relationships: Poland Lai (York University)
Abstract: This paper aims to propose a conceptualization of care to inform debates about transforming Ontario’s long-term care (LTC) system (also known as nursing homes) to respond to challenges associated with an aging society. The first part of the paper presents the theoretical debates about care (Herring 2013, 2016; Harding 2017). The second part explains the research methods used (legal analysis, document review and key informant interviews) and provides a short background on LTC in Ontario. The third part explains how the Ontario government deploys legal rules to delineate its responsibilities in LTC. The provincial government never really played the role of the provider state in LTC and its role is evolving. A new legal framework (Long Term Care Homes Act, 2007) was implemented in 2010. By comparing the current and previous legal frameworks, I explain how the regulatory changes shape the balance of responsibilities among users of LTC (residents and families), LTC homes and the state. The discussion focuses on access to LTC, choice in LTC and a risk-based approach to regulation and enforcement. While the provincial government accepts, perhaps reluctantly, its responsibility towards LTC residents, it also attempts to use different techniques to limit its own responsibility. On paper, some of the legal rules could respond to potential harms in care and indeed advance the rights of LTC residents. However, it is more likely that the legal rules simply create an appearance of unwarranted legitimacy and are in fact means to avoid the reality of LTC today.


Participants:
Poland Lai (York University)
Daniel Dickson (Concordia University)



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