Page - 429 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

429Not All in This Together: Disability Rights and COVID-19 cial review of a hospital’s COVID-19 “no visitor” policy challenged its disproportionate impact on older residents incapable of making treat- ment decisions.44 In Sprague  v Her  Majesty  the  Queen  in  Right  of  Ontario, the Ontario Court of Justice dismissed an application for judicial review, alleging that the Chief Medical Officer of Health for Ontario violated the s. 15 equality rights of a 77-year-old man when it recom- mended that hospitals adopt a “no visitor” policy to stem the tide of COVID-19. The Court held that there was in fact no statutory duty for hospitals to provide unimpeded access by visitors to its premises. The Court went on to conclude that there was no breach of the equal- ity provision because the visitor policy was based on epidemiological evidence intended to protect elderly patients.45 Jeff Preston, a disabled academic, in testimony to the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, emphasized how family members and in-home caregivers need to be regarded, not as visitors, but as part of a disabled person’s care team that can work in tandem with hospital staff.46 Visitor restrictions particularly threaten the safety of residents who require support persons to interpret or communicate with staff.47 This was poignantly illustrated by the tragic case of a 40-year-old non- verbal British Columbia woman with cerebral palsy, Ariis Knight, who died due to reasons unrelated to COVID-19 alone after her sup- port workers were not permitted to accompany her in hospital. As the Council of Canadians with Disabilities has demanded, such restric- tive policies must end.48 The disability legal clinic ARCH has also cor- veillance-tool>. 44. Sprague  v  Her  Majesty  the  Queen  in  Right  of  Ontario, 2020 ONSC 2335. See also BP v Surrey  County  Council  &  Anor, [2020] EWCOP 17, online: England  and  Wales  Court  of Protection Decisions <www.bailii.org/ew/cases/EWCOP/2020/17.html>. 45. Ibid at paras 32-38. 46. “Covid-19 and Disability in Canada” (5 May 2020), online: Jeff Preston <www. jeffpreston.ca/2020/05/05/opening-remarks-to-huma-committee/> 47. Sean Boynton, “Disability Advocates Say B.C.’s Woman’s Death Shows Need for Clearer COVID-19 Policy”, Global  News (26 April 2020), online: <globalnews.ca/ news/6869079/coronavirus-bc-disability-death-reaction/>. 48. Council of Canadians with Disabilities, “Disability Advocates Call for Immediate Change to Hospital Policies Designating ‘Essential’ Supports/Visitors Following the Death of Ariis Knight” (7 May 2020), posted on Council of Canadians with Disabilities, online: Facebook <www.facebook.com/ccdonline/posts/1624724117687878?__ tn__=K-R>; The Canadian Press Staff, “Covid-19 Highlights Existing Barriers for Canadians with Communication Disabilities”, CTV News (7 May 2020), online: <www.ctvnews.ca/health/coronavirus/covid-19-highlights-existing-barriers-for- canadians-with-communication-disabilities-1.4929736>.