Page - 427 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

427Not All in This Together: Disability Rights and COVID-19 neglect and abuse. Many of those major institutions were closed in the 1970s, and residents were discharged to community settings. Despite the promise of deinstitutionalization, community-based services remain underfunded and over-subscribed.30 Many fell into crisis after being discharged from large congregate living facilities, revolving between other institutions like prisons, homeless shelters, hospitals and large group homes.31 While Ontario formally shuttered the institutions that warehoused persons labelled with intellectual disabilities, some community placements remain unsafe,32 with- out adequate oversight,33 and resemble “present-day versions of the moribund institutions from a century ago.”34 People with disabilities continue to face barriers accessing community-based services,35 and have been institutionalized in inappropriate custodial settings such as long-term care,36 facilities not suited to their needs,37 raising signifi- cant human rights and liberty concerns.38 COVID-19 is an opportunity wp-content/uploads/2019/10/a-call-to-action.pdf>. 30. Daniel Yohanna, “Deinstitutionalization of People with Mental Illness: Causes and Consequences” (2013) 15:10 Virtual Mentor 886, online: <journalofethics. ama-assn.org/article/deinstitutionalization-people-mental-illness-causes-and- consequences/2013-10>. 31. Ted Frankel, “Exodus: 40 Years of Deinstitutionalization and the Failed Promise of Community-Based Care” (2003) 12 Dal J Leg Stud 1. 32. See e.g. Community Living Ontario, “Preventing the neglect of vulnerable vic- tims: Jamie Hawley’s death by neglect”, Cision (30 August 2013), online: <www. newswire.ca/news-releases/preventing-the-neglect-of-vulnerable-victims-jamie- hawleys-death-by-neglect-512863751.html>. 33. See e.g. Office of the Chief Coroner, “Verdict of Coroner’s Jury at the Inquest into the death of: Guy Mitchell” (24 July 2015), online: Ontario  Ministry  of  the  Solicitor  General  <www.mcscs.jus.gov.on.ca/english/Deathinvestigations/Inquests/ Verdictsandrecommendations/OCCInquestMitchell2015.html>. 34. Megan Linton, “Institutional Legacies of Violence: Neoliberalism and Custodial Care in Ontario”, Canadian Dimension (12 April 2020), online: <canadiandimension.com/ articles/view/institutional-legacies-of-violence-of-custodial-care-in-ontario>. 35. Natalie Spagnuolo, “Building Backwards in a ‘Post’ Institutional Era: Hospital Confinement, Group Home Eviction, and Ontario’s Treatment of People Labelled with Intellectual Disabilities” (2016) 36:4 Disability Studies Quarterly 1. 36. “Intellectually disabled Canadians are dying in residential institutions: What’s happening & what can be done” (17 April 2020), online: Autistics for Autistics <a4aontario.com/2020/04/17/intellectually-disabled-canadians-are-dying-in-res- idential-institutions-whats-happening-what-can-be-done>. 37. “Nowhere to Turn: Investigation into the Ministry of Community and Social Services’ Response to Situations of Crisis involving Adults with Developmental Disabilities” (24 August 2016), online: Ontario Ombudsman <www.ombudsman. on.ca/resources/reports-and-case-summaries/reports-on-investigations/2016/ nowhere-to-turn>. 38. MacLean  v  Nova  Scotia  (Attorney  General), 2019 CanLII 115231 (NSHRC).