Roch Longuepe In Defense of a Social Democratic Canada.

In 1999-2000 I took out student loans to begin my undergraduate studies at Dalhousie University. That year was fraught with challenges. I did not fair well nor did my health. I was becoming increasingly aware that something was terribly wrong. So I left my studies. After many years of struggling to understand what my underlying medical issues were. I set out on a path determined to get to the bottom of what was ailing me. An institutional child abuse survivor, the multiple traumas of my childhood and adolescence continued to follow me. That history left a trail of failed relationships, chronic poverty, homelessness, near death experiences and unexplained illnesses. Depression, anxiety, suicidal ideation became ongoing themes as I struggle to find a sense of greater purpose. In March, 2010 I felt I was getting close to an accurate diagnosis. So I contacted the Student Loans Office to advise them of my circumstances. Instead of showing empathy, they pushed for me to offer them the diagnosis along with expert medical information. Given the Health Care crisis in Canada I could no more offer them what they sought than I could ensure winning the lottery. What I didnt know at that time but would later find out, was that provincial and federal student loan officers placed a restriction on my file after a ten year period of no restrictions. In addition to this, Canada Student Loans brought a judgement against me for the Federal portion of my loans. The principle of the loans respectively was $5,664.00 for my federal loan, and $5,100.00 for my provincial loan. So in December 2011, I was received an accurate diagnosis, Traumatic Brian injury. At last all the pieces began to fit. Finally I could devise a workable plan with my doctors to manage my day to day life. I foolishly thought that with this diagnosis that could finally knock down the personal barriers I faced in achieving my true potential. I was mistaken. The child welfare system in Nova Scotia and Prince Edward Island failed to protect me from the traumas of my childhood and adolescence. Those failures led to my disabilities. The health care systems in both provinces failed to properly diagnose me. Now the Education system was failing me. But my diagnosis came as a result of the professional connections I developed in my volunteer, non profit work via Restoring Dignity. Those experts in London, Ontario were Dr. Michael Rieder and Dr. Keith Sequira with the University of Western Ontario. The lead medical investigator, Dr. Michael Rieder I am deeply in debt to for his commitment and determination to help me identify the true nature of my medical issues. The Nova Scotia Department of Education and the Canada Student Loans were penalizing me for the systemic failures. Moreover, placing restrictions on my student loan files violated my constitutional rights.

I recently won a ruling from the Nova Scotia Student Appeal Committee (Higher appeal Board) that lifted the provincial restrictions on receiving future student loans. The ruling cited three important reasons: 1. Undiagnosed Disability Not diagnosed until December 2011. The Committee felt that had my disability been identified, I may have been successful in my previous attempt at completing my post-secondary education. 2. Undue Hardship Unable to work for the last 10 years due to my current disability. 3. Disability Supports in place With my disability now diagnosed, I will have access to the supports necessary to assist me in my studies. The Student Appeal Committee decision, which sets a new precedent in Nova Scotia, is an important recognition of the fact that my undiagnosed disabilities were a major factor in why my loans fell into default.

The Canadian Charter of Rights Decisions Digest reads: Exclusion from the mainstream of society results from the construction of a society based solely on "mainstream" attributes to which disabled persons will never be able to gain access. Whether it is the impossibility of success at a written test for a blind person, or the need for ramp access to a library, the discrimination does not lie in the attribution of untrue characteristics to the disabled individual. Rather, it is the failure to make reasonable accommodation, to fine-tune society so that its structures and assumptions do not result in the relegation and banishment of disabled persons from participation, which results in discrimination against them. In Nova Scotia some two hundred thousand people are disabled. One hundred and thirty five thousand of that two hundred thousand are unemployed. Among these disabled persons, 'invisible disability' is largely unrecognized. This is also a reality for too many institutional child abuse survivors like me. This recent precedent sheds a light on the invisible disabilities that this segment of the population continues to struggle with. For too many, this shuts out the chance to reach their full potential. And only those who have very exceptional talents are afforded those opportunities. Upon reviewing the first World Disability Report, Professor Stephen Hawking, University of Cambridge, one of the worlds most famous disabled persons, and the worlds top intellectual thinkers of our time had this to share: But I realize that I am very lucky in many ways. My success in theoretical physics has endured that I am supported to live a worthwhile life. looking at the evidence in the pages of this new Report. It is very clear that the majority of people with disabilities in the world have had a very hard time with everyday survival, let alone personal fulfillment. I have always given my personal support to efforts to promote access and inclusion, and I am delighted to be able to endorse this important report. I hope governments throughout the world will consider all the millions of people with disabilities who are denied access to health, rehabilitation, support, education and employment and therefore never get the chance to shine.

The Council of Canadians with Disabilities shares the following on their website: 14.3% of Canadians report having a disability. Canadians with disabilities are more than twice as likely to live in poverty than other Canadians. They face exclusion from quality education, from employment and from participation in their communities. CCD's Social Policy Committee provides leadership on addressing the social and economic exclusion of persons with disabilities. And on the issue of disability rights, the Canadian Charter of Rights and Freedoms which forms part of the Canadian Constitution has this to say: 52 (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force or effect. In the Charter of Rights and Freedoms Handbook, published in 1984, Former Prime Minister, Jean Chretien, then Minister of Justice, wrote: Now, for the first time, we will have a Canadian Charter of Rights and Freedoms that recognizes certain rights for all of us, wherever we may live in Canada. * Now that our rights will be written into our constitution, it will be a constant reminder to our political leaders that they must wield their authority with caution and wisdom. * The Charter of Rights applies to all governments federal, provincial and territorial. This much is clear, the current Canada and Nova Scotia Student Loan policies and practices respecting disabled persons stands in contravention of the Canadian Constitution via the Charter of Rights and freedoms. The Constitution and the Charter require that these policies and practices conform to it. Therefore, there is now an onus on the Federal and Provincial legislatures to address this inconsistency. Failure to do so violates the Canadian Constitution. Prominent Parliamentarians are involved in this file as well as members of the
Legislative Assembly. I urge the members of all political affiliations in their respective federal and provincial legislatures across Canada to act exponentially to correct this inconsistency.

Lastly, the matter with Canada Student Loans is still in dispute. Today I am here to advise
Canada Student Loans of my intent to litigate if they fail to comply with my chartered rights. That failure to recognize my chartered rights will likely open a floodgate of cases across the country unnecessarily tying up court time and taxpayer dollars in an already overburdened economy. I invite Canada Student Loans to cease their collection efforts with Canada Revenue Agency on this file and come to the table to resolve this matter in a manner befitting the Canadian Constitution.

Our whole nation is continually degraded by these practices and polices which ignore our common humanity. And in denying the least among us that, we deny our own.

The constitution offers Canada the opportunity to harvest the greatest of talent this nation has to offer, no matter race, culture, gender or disability. It offers us the chance to be greater than our condition.
The intent of Parliament is clear. the Charter of Human Rights and freedoms has become the stepping stones to progress and survival - we are the officers, the keepers of the gate, and we have a duty now as we continue to overcome the deficits of morality and empathy in the world around us; to stand steadfast in the struggle for equality, social inclusion regardless of race, culture, gender or disability. This recent precedent speaks to the character and veracity of the Canadian Charter of Rights and Freedoms in defense of a social democratic Canada. What it truly means to be a Nova Scotian, what it means to be truly Canadian. Our lives are defined by the choices we make and by the choices we are afforded. And so the pursuit of freedom and equality is not perfect and humanity progresses very slowly. There can be no rest.

This precedent reminds us of that urgency to engender change for all Canadians and our duty to it. Let us honor this truth that we are more than the sum of our parts, out of many we are truly one.