This document explores Supported Decision Making (SDM) as an empowering alternative to guardianship for individuals with intellectual disabilities in Ontario. Authored by Audrey D. Cole, a seasoned advocate in disability rights, it delves into the historical, legal, and social context of guardianship laws, highlighting their discriminatory impact on people with lifelong disabilities. Guardianship often strips individuals of their decision-making rights, replacing them with court-appointed guardians, which can lead to lifelong loss of autonomy and equality.
The concept of SDM emerged as a response to these challenges, aiming to preserve the legal and social status of individuals with severe disabilities by providing tailored support for decision-making. The document emphasizes the importance of ensuring that every person, regardless of the complexity of their disability, can control decisions affecting their lives through committed support networks. It also critiques Ontario’s Substitute Decisions Act (SDA) and Health Care Consent Act (HCCA) for failing to fully align with equality principles and international human rights standards, such as the United Nations Convention on the Rights of Persons with Disabilities.
Key legal provisions, including prohibition clauses in the SDA, are discussed as tools to prevent unnecessary guardianship. However, the document notes systemic gaps, such as the lack of representation for individuals during guardianship applications. Ultimately, it advocates for a shift toward inclusive practices that uphold equal recognition before the law and empower individuals with disabilities to live as full citizens.