{"id":2743,"date":"2018-04-11T21:37:14","date_gmt":"2018-04-11T21:37:14","guid":{"rendered":"https:\/\/ccla.org\/?p=2743"},"modified":"2021-09-09T17:52:05","modified_gmt":"2021-09-09T17:52:05","slug":"an-interview-with-gary-malkowski-director-of-the-canadian","status":"publish","type":"post","link":"https:\/\/dev.ccla.org\/get-informed\/talk-rights\/an-interview-with-gary-malkowski-director-of-the-canadian\/","title":{"rendered":"An Interview With Gary Malkowski, Director Of The Canadian Hearing Society"},"content":{"rendered":"[vc_row type=\u00a0\u00bbin_container\u00a0\u00bb full_screen_row_position=\u00a0\u00bbmiddle\u00a0\u00bb column_margin=\u00a0\u00bbdefault\u00a0\u00bb column_direction=\u00a0\u00bbdefault\u00a0\u00bb column_direction_tablet=\u00a0\u00bbdefault\u00a0\u00bb column_direction_phone=\u00a0\u00bbdefault\u00a0\u00bb scene_position=\u00a0\u00bbcenter\u00a0\u00bb text_color=\u00a0\u00bbdark\u00a0\u00bb text_align=\u00a0\u00bbleft\u00a0\u00bb row_border_radius=\u00a0\u00bbnone\u00a0\u00bb row_border_radius_applies=\u00a0\u00bbbg\u00a0\u00bb overlay_strength=\u00a0\u00bb0.3″ gradient_direction=\u00a0\u00bbleft_to_right\u00a0\u00bb shape_divider_position=\u00a0\u00bbbottom\u00a0\u00bb bg_image_animation=\u00a0\u00bbnone\u00a0\u00bb][vc_column column_padding=\u00a0\u00bbno-extra-padding\u00a0\u00bb column_padding_tablet=\u00a0\u00bbinherit\u00a0\u00bb column_padding_phone=\u00a0\u00bbinherit\u00a0\u00bb column_padding_position=\u00a0\u00bball\u00a0\u00bb column_element_spacing=\u00a0\u00bbdefault\u00a0\u00bb background_color_opacity=\u00a0\u00bb1″ background_hover_color_opacity=\u00a0\u00bb1″ column_shadow=\u00a0\u00bbnone\u00a0\u00bb column_border_radius=\u00a0\u00bbnone\u00a0\u00bb column_link_target=\u00a0\u00bb_self\u00a0\u00bb gradient_direction=\u00a0\u00bbleft_to_right\u00a0\u00bb overlay_strength=\u00a0\u00bb0.3″ width=\u00a0\u00bb1\/1″ tablet_width_inherit=\u00a0\u00bbdefault\u00a0\u00bb tablet_text_alignment=\u00a0\u00bbdefault\u00a0\u00bb phone_text_alignment=\u00a0\u00bbdefault\u00a0\u00bb bg_image_animation=\u00a0\u00bbnone\u00a0\u00bb border_type=\u00a0\u00bbsimple\u00a0\u00bb column_border_width=\u00a0\u00bbnone\u00a0\u00bb column_border_style=\u00a0\u00bbsolid\u00a0\u00bb][nectar_global_section id=\u00a0\u00bb1355″][\/vc_column][\/vc_row][vc_row type=\u00a0\u00bbfull_width_background\u00a0\u00bb full_screen_row_position=\u00a0\u00bbmiddle\u00a0\u00bb column_margin=\u00a0\u00bbdefault\u00a0\u00bb column_direction=\u00a0\u00bbdefault\u00a0\u00bb column_direction_tablet=\u00a0\u00bbdefault\u00a0\u00bb column_direction_phone=\u00a0\u00bbdefault\u00a0\u00bb scene_position=\u00a0\u00bbcenter\u00a0\u00bb top_padding=\u00a0\u00bb4%\u00a0\u00bb constrain_group_1=\u00a0\u00bbyes\u00a0\u00bb bottom_padding=\u00a0\u00bb4%\u00a0\u00bb text_color=\u00a0\u00bbdark\u00a0\u00bb text_align=\u00a0\u00bbleft\u00a0\u00bb row_border_radius=\u00a0\u00bbnone\u00a0\u00bb row_border_radius_applies=\u00a0\u00bbbg\u00a0\u00bb class=\u00a0\u00bbpost-links\u00a0\u00bb overlay_strength=\u00a0\u00bb0.3″ gradient_direction=\u00a0\u00bbleft_to_right\u00a0\u00bb shape_divider_position=\u00a0\u00bbbottom\u00a0\u00bb bg_image_animation=\u00a0\u00bbnone\u00a0\u00bb shape_type=\u00a0\u00bb\u00a0\u00bb][vc_column column_padding=\u00a0\u00bbno-extra-padding\u00a0\u00bb column_padding_tablet=\u00a0\u00bbinherit\u00a0\u00bb column_padding_phone=\u00a0\u00bbinherit\u00a0\u00bb column_padding_position=\u00a0\u00bball\u00a0\u00bb column_element_spacing=\u00a0\u00bbdefault\u00a0\u00bb background_color_opacity=\u00a0\u00bb1″ background_hover_color_opacity=\u00a0\u00bb1″ column_shadow=\u00a0\u00bbnone\u00a0\u00bb column_border_radius=\u00a0\u00bbnone\u00a0\u00bb column_link_target=\u00a0\u00bb_self\u00a0\u00bb gradient_direction=\u00a0\u00bbleft_to_right\u00a0\u00bb overlay_strength=\u00a0\u00bb0.3″ width=\u00a0\u00bb1\/1″ tablet_width_inherit=\u00a0\u00bbdefault\u00a0\u00bb tablet_text_alignment=\u00a0\u00bbdefault\u00a0\u00bb phone_text_alignment=\u00a0\u00bbdefault\u00a0\u00bb bg_image_animation=\u00a0\u00bbnone\u00a0\u00bb border_type=\u00a0\u00bbsimple\u00a0\u00bb column_border_width=\u00a0\u00bbnone\u00a0\u00bb column_border_style=\u00a0\u00bbsolid\u00a0\u00bb][divider line_type=\u00a0\u00bbNo Line\u00a0\u00bb custom_height=\u00a0\u00bb30″][vc_column_text]\n
\n

\n

This article is part of a series of interviews with advocates, legal thinkers, community organizers and academics on issues related to Canadian civil liberties produced by CCLA volunteers. All responses are the interview subject\u2019s own, and do not necessarily represent the viewpoint or positions of the CCLA.<\/em><\/p>\n

\u00a0<\/strong><\/p>\n

Gary Malkowski is the Vice President at the Canadian Hearing Society. The society is a non-governmental organization that provides products, services and information designed to increase access to communication and promote equity for people who are culturally Deaf, oral deaf, deafened and hard of hearing.<\/em><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

CCLA: What accessibility rights does the law grant?<\/strong><\/span><\/h3>\n

GM<\/strong>: There\u2019s several levels of rights granted to deaf people: international, federal, and provincial legislation.<\/p>\n

For international law, we look to the\u00a0United Nation\u2019s Convention for Rights with Persons with Disabilities<\/a>. This treaty has been signed and ratified in Canada and the optional protocol is expected to be signed and ratified in the near future.<\/p>\n

Federally, we have Canadian Human Rights Act, which includes the duty to accommodate persons with disabilities and provide translating services for deaf and hard of hearing people. The Act covers all registers federal programs that offer services, all allows deaf and hard of hearing people to get services in employment, housing, and professional or vocation associations. In addition, the government is drafting the\u00a0Federal Accessibility Legislation<\/a>\u00a0that will be introduced in the House of Commons soon.<\/p>\n

We also have the\u00a0Charter of Rights and Freedoms<\/a>\u00a0which supersedes all legislation. S 14 of the Charter includes the right to interpreters in criminal and legal proceedings and S 15.1 guarantees the right to equal benefit and equal protection under the law. Two important Supreme Court decisions,\u00a0Eldridge<\/em><\/a>,<\/em>\u00a0and\u00a0Canadians Associations for the Deaf<\/em><\/a>,<\/em>\u00a0require all levels of government to accommodate any requests for a deaf and hard of hearing person if they need an interpreter.<\/p>\n

Provincially, in Ontario, we have the\u00a0Ontario Human Rights Code<\/a>\u00a0and the\u00a0Ontarians with Disabilities Act<\/a>.<\/p>\n

The provisions in the Human Rights Code cover all provincial employers, professional organizations, vocational associations, memberships, and provincially run facilities. This legislation gives a duty to accommodate and provide interpreters.<\/p>\n

The Ontarians with Disabilities Act covers organizations over 10,000 people including employees and volunteers. Municipalities for example, are required to have municipal accessibility advisory committees. The Act requires that all these organizations develop an annual accessibility plan, and that all these organizations provide accommodation and accessibility training. It also requires that organizations have internal accessibility and anti-ableism policies.<\/p>\n

 <\/p>\n

CCLA: What measures are organizations required to take to accommodate deaf and hard of hearing people?<\/strong><\/span><\/h3>\n

GM:<\/strong>\u00a0In Ontario, we have the Ontario with Disabilities Act and Ontario Human Rights Code. Both of those require organizations to develop an accessibility or accommodation policy. For anyone who comes in into our offices to receive services, for example, we have a legal duty to accommodate and provide an interpreter upon request. If the deaf or hard of person emails and requests an interpreter, it\u2019s incumbent upon the business or agency to provide one.<\/p>\n

 <\/p>\n

CCLA: Have these accommodations\u00a0been met by employers and organizations?<\/strong><\/span><\/h3>\n

GM<\/strong>:It depends. Government services will absolutely provide an interpreter. Our experience is that the federal and provincial governments will always provide an interpreter upon request. When we look at financial institutions or telecommunication providers like Bell Canada or Rogers, they pretty much provide an interpreter upon request.<\/p>\n

I think the issue lies with small businesses. Many feel they cannot financially afford to provide an interpreter. If this happens, deaf people can then contact the\u00a0Ontario Human Rights Commission<\/a>\u00a0to explore the business\u2019s duty to accommodate, However, some small businesses are more than willing to accommodate and some just aren\u2019t aware of their duty. Unfortunately, there is a diverse response when requesting translators.<\/p>\n

The reality is that there are few interpreters available to the businesses. This really is becoming a supply and demand issue, where the number of requests cannot be filled because there just isn\u2019t enough interpreters.<\/p>\n

In Canada, we have about 180 interpreters to 14 thousand culturally deaf American Sign Language (ASL) users; these few interpreters cannot accommodate the needs of the deaf community.<\/p>\n

 <\/p>\n

CCLA: How can deaf or hard of hearing people access these interpreters?\u00a0<\/strong><\/span><\/h3>\n

GM<\/strong>: If deaf people require interpreters, they can contact the Canadian Hearing Society, or other interpreter services. They should then contact organization or business they need the interpreter for, and the organizations can receive the billing information to make arrangements.<\/p>\n

 <\/p>\n

CCLA: What education initiatives\u00a0are in place to teach sign language and sign language interpreters.\u00a0<\/strong><\/span><\/h3>\n

GM<\/strong>: The Ministry of Education provides language courses on ASL and recognizes ASL as an international language. We here at the Canadian Hearing Society offer\u00a0ASL classes<\/a>\u00a0for anyone in the community looking to learn the language and gain an international language credit.<\/p>\n

Across Canada, there are six interpreter training programs:\u00a0George Brown College<\/a>\u00a0in Ontario,\u00a0Douglas College<\/a>\u00a0in British Columbia;\u00a0The University of Manitoba and Red River College<\/a>;\u00a0Nova Scotia Community College<\/a>; and\u00a0Lakeland College<\/a>\u00a0in Alberta. Additionally, Ontario\u2019s George Brown College offers a deaf interpreter training, along with their ASL program.<\/p>\n

These programs usually accept 35 to 40 students in the first year, but by the second year, the number decreases to about 25. They probably graduate on average about 10 to 15 students. Even fewer students meet the standards required to become a nationally certified interpreter. Those who don\u2019t pass can enter an internship program like we have here at the CHS to help develop the skills and capacity to pass the certification test. Though the number of qualified interpreters is growing, it\u2019s still not enough.<\/p>\n

 <\/p>\n

Can you please describe the difference between deaf interpreters and ASL interpreters?<\/strong><\/span><\/h3>\n

An ASL-English interpreter is a hearing person who translates between two languages simultaneously: ASL and English. A deaf interpreter, on the other hand, is a deaf individual who is a native user of sign language and can interpret from deaf people to ASL-English interpreters. Deaf interpreters work with people whose sign language is difficult for a hearing interpreter to understand, these include deaf people who are newcomers to Canada, deaf children and those that are physically ill. Deaf interpreters have a special nuance of sign language that a hearing person would not have and often incorporate a number of different strategies to convert an ASL interpreter\u2019s translation into more plain language for the deaf person.<\/p>\n

The number of deaf interpreters in Canada is extremely small though they are high in demand. On our roster, we have approximately 20 deaf interpreters. Across Canada, there are maybe 40. They are extremely necessary for some deaf people to have basic communication.<\/p>\n

 <\/p>\n

CCLA: Can you speak on how court decisions have impacted accessibility in Canada?<\/strong><\/span><\/h3>\n

GM<\/strong>: In\u00a0Eldridge v British Columbia<\/em><\/a>,<\/em>\u00a0a BC hospital refused to provide an interpreter. The expectation was that people had to bring their own interpreters, similar to spoken language interpreters. One deaf woman, who was pregnant with twins, and another diabetic woman tried to communicate with doctors regarding their conditions and prescribed medication. For both those women, the hospital refused to cover the cost of the interpreters and refused to provide them.<\/p>\n

The Supreme Court of Canada ruled that the BC government had a duty to accommodate and provide interpreters, meaning that the BC government then had to provide funds for deaf people\u2019s interpreters. This decision applied to all levels of government and even for private businesses who receive funding from the government.<\/p>\n

While the\u00a0Eldridge<\/em>\u00a0decision was in 1997, the federal government still required deaf people to provide their own interpreter. They argued that the ruling only applied to provincial programs. For example, the government had invited me to do career training, but said I had to bring my own interpreter.<\/p>\n

At the\u00a0Canadians Associations for the Deaf v The Queen<\/em><\/a>\u00a0decision in 2006, The Federal Court of Canada reaffirmed the decision in\u00a0Eldridge<\/em>\u00a0and stated that all federal programs and services had the duty to accommodate, have accessibility policies in place, and provide an interpreter upon request.<\/p>\n

 <\/p>\n

Further information:<\/strong><\/span><\/h3>\n

\u00a0<\/strong>Canadian Hearing Society\u2019s\u00a0Press Release<\/a>\u00a0on qualifications and standards for professional sign language interpreters<\/p>\n