As a human rights lawyer and a woman living with a disability, I am troubled by some reactions to the resignation of Kent Hehr, the federal Minister of Sport and Persons with Disabilities, on January 25th amidst allegations of sexual misconduct (since downgraded to "inappropriate comments"). Hehr is on leave pending the outcome of an investigation and remains in the Liberal caucus. It is important to respect that these are allegations, not facts, and the process must be permitted to unfold. The ensuing investigation must accept that bad behaviour is not limited to the able-bodied. This is the one time that the application of the "disability lens" would result in further harm.
Hehr, 48, is a wheelchair user, rendered a quadriplegic as a bystander in a 1991 drive-by shooting when he was only 21. He received his law degree, numerous awards, and was active in the community. Someone to watch. In 2006, he entered provincial politics, moving to federal politics in 2015, narrowly winning Calgary Centre. When these allegations broke, the news was met with the view that this is yet another accomplished man who has been held to account for his actions against women.
I am concerned for many reasons.
While the term "sexual misconduct" is not specifically in our Criminal Code, I understand it to mean any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. That definition covers a lot of ground.
Comments on social media serve to diminish Hehr's alleged culpability given that he is a quadriplegic (meaning paralysis affecting his arms and legs). Others have harshly admonished his accuser for "attacking" a defenseless person with a disability; she herself has been on the receiving end of death threats and harassment. After all, people ask, "What could he have really done?" Plenty. And therein lies the paradox when it comes to people with disabilities: elevation to sainthood while lowering standards of conduct.
Views such as these are both unacceptable and infuriating, for many reasons. What follows are some important questions not specific to Hehr:
- Why should people with disabilities be held to a lower standard?
- Why is sexual misconduct only considered to be serious if it involves physical aggression? Words wound and scar oftentimes more deeply than an assault.
- Why are we diminishing such actions simply because a man has a disability that may reduce his ability to be a physical aggressor?
- Why are words, leering looks, and "unintentional or accidental" groping viewed as innocuous and less threatening when coming from a man with a disability?
Here are my thoughts.
It is because people with disabilities have long been viewed as "asexual", completely devoid of sexual feelings or associations.
People with disabilities are taught to be compliant from an early age (the "go along to get along" training) and infantilized in adulthood.
It is because able-bodied people have long heartily endorsed "inspiration porn", the image of a person with a disability doing something ordinary but hailed as extraordinary and viewed with awe.
It is the view that people with disabilities are somehow "saintly" due to their "suffering" and "afflictions". Media are to blame for this. How many older films portray a strong character with a disability? For that matter, such images are often absent in current film and television presentations. People with disabilities are portrayed as objects of pity (Tiny Tim in Dickens' A Christmas Carol), comedy (Forrest Gump), or in need of "fixing" to be made whole (Children of a Lesser God comes to mind). The "other". Sentimental sap. Sympathy rather than empathy is the rule. This all buys into the medical model of disability, that we are to be pitied and the recipients of charity. In fact, the word "handicap" literally comes from the phrase "cap in hand", referring to the need of people with disabilities to survive as beggars. Seriously.
Ableism, or discrimination and social prejudice against people with disabilities, is rampant and results in oppression. The assumptions, stereotypes, and attitudes toward people with disabilities arguably serve to keep a privileged class in power and reinforce the perceived “order of things”.
I digress to speak generally about sexual misconduct. Leveraging the tremendous power of social media as a forum to make allegations, as evidenced by the rapid rise of the #metoo movement, can be both empowering for women, terrifying for men, and confusing for the general public. We are at a serious risk of creating a "culture of allegation" which may lead to societal mistrust and conflict. The whispers are growing louder and allegations (many anonymously) sometimes dating back a decade or more are being made, with the effect of destroying careers and lives. This all appears to happen without the presumption of innocence and due process.
For the first time, Canadians are learning of the "whisper network" that exists in the corridors of government, serving to warn women of men to avoid. While questionably effective up until now, it is not the way to manage incidents of harassment or change the culture. In my view, all levels of government and the legal profession can play a critical role with respect to the development of legislation, protocols, and policies around sexual misconduct and the modeling of respectful behaviours. Prime Minister Trudeau has acknowledged that sexual harassment in business and government is "a systemic problem and it is unacceptable - as leaders, we need to act to show that truly, time is up." He has also admitted to no rule book on how to respond to members of the Liberal Party who are accused of sexual misconduct. The other political parties are grappling with the same - the Conservatives have three recent incidents involving MPPs in Ontario and Nova Scotia, and the NDP are investigating harassment charges leveled at a Saskatchewan MP.
In closing, the reporting of Hehr's alleged actions has been extremely disheartening for the disability community. As I have said for years, people with disabilities are among the last frontiers when it comes to civil rights, only surpassed by our country’s historic mistreatment of our indigenous peoples. Consider these facts related to people with disabilities:
- it is still permissible to deny entry to many buildings because they are physically inaccessible;
- until the early 1970’s, it was legal to sterilize people with developmental disabilities without their consent;
- the unemployment and underemployment rates are staggering; and
- horrific allegations of abuse at residential schools for the deaf and blind are coming to light with the certification of class action lawsuits.
Indeed, time is up and change must occur if we are to flourish as a country. I personally hope that Hehr's alleged actions do not become a distraction and cause further delay to restorative federal accessibility legislation anticipated this spring. Canadians with disabilities deserve an equitable country in which to live; this is not a privilege but a right. We all win when citizens can enjoy full participation.
About the author
For over two decades, human rights lawyer Lorin MacDonald has demonstrated her leadership, passion, and commitment to accessibility and inclusion in her volunteer and professional activities, all informed by her experience as a woman born with a profound hearing loss. Recognized as one of Canada's top voices in accessibility and disability issues, Lorin's approach is grounded in evidence-based research and a desire to challenge communities to be inclusive and accessible.