Class action lawsuit on non-inclusive socio-professional programs

For several years, QIDS has been pointing out that certain practices in socio-professional programs in Quebec are problematic.

Other organizations such as the Commission des droits de la personne et des droits de la jeunesse (CDPDJ) and the UN have denounced the fact that participants in these programs are not paid and do not benefit from the usual protections afforded to workers.

These situations violate the right to equality recognized in the Quebec and Canadian charters, as well as the right to work for persons with disabilities recognized in the UN Convention on the Rights of Persons with Disabilities.

In addition, many of these programs lack a genuine training component and do not facilitate the social or professional integration of participants, creating a context ripe for exploitation.

QIDS has been working with the Quebec government for years to bring real change. Despite promises from elected officials, there has been no progress so far, while more and more people are speaking out against unpaid work in the public sphere.

The class action seeks to secure recognition of an injustice affecting a large group of people. According to QIDS, thousands of people have participated in the contested programs over the past three years.

The class action has two main goals:

• to request that the Quebec Government compensate all members of the group for the violation of their human rights.
• to compel the Government of Quebec to provide better oversight and adequate funding for socio-professional programs.

In the long term, QIDS would like to see:

• people with intellectual disabilities have access to employment training programs that respect their rights and lead to employment for those who are willing and able to work,
• socio-professional programs have specific training objectives, adequate supervision of participants, and a limited duration,
• the Quebec government fund new forms of social participation based on choice, dignity, and respect for the rights of people with intellectual disabilities.

QIDS decided to join the class action as an institutional representative because thousands of people with intellectual disabilities work without being paid fairly and do not receive the usual employee benefits and protections in unpaid sheltered workshops, work placements, or internships.

QIDS wants to make it clear that these situations are unfair and discriminatory. It also wants to reform programs so that they become more inclusive and respectful of participants’ rights.

It joins individuals and families of people with intellectual disabilities, who should not be forced to fight these injustices alone. Many of these individuals have already courageously spoken out in the media and as part of the QIDS’ public campaign on this issue. Now it is time to bring their stories before the Court.

No. QIDS does not want to have them closed. These programs have their place in people’s socio-professional training.

However, QIDS wants to transform them so that they become truly inclusive, respectful, and fair.

In its policy orientations and demands, QIDS asks the government to:

• review socio-professional activities to ensure fair compensation;
• offer a variety of choices based on people’s interests and abilities;
• support the transition to inclusive workplaces or leisure and respite activities, with an emphasis on the active social role*.

The active social role is the idea that people with intellectual disabilities can contribute a lot to society, not just be helped.

In other words, QIDS is not opposed to the existence of sheltered workshops and intership programs.

However, it opposes their current form when they employ people without pay or compensation, without benefits, and without the protections normally afforded to employees, often for years.

QIDS promotes the development of real choices and new opportunities so that everyone can flourish, learn, and contribute fully to society.

For now, the request for authorization to proceed with a class action lawsuit does not change anything for your organization.

If authorized, the class action will take some time before a judgment on the merits is rendered.

In the meantime, we also wish to propose pilot projects to the Ministry of Health and Social Services (MSSS) aimed at shifting socio-professional services toward inclusive hiring and day activity services that promote the achievement of an active social role.

No.

It is true that some people are not able to enter the labour market, even on a part-time basis and even with reasonable accommodations in place, in accordance with the law. For these individuals, QIDS believes it is important to offer satisfying and stimulating alternatives that respect the constitutional rights and dignity of participants.

In particular, QIDS would like the Quebec government to fund day activity and respite services for people who cannot access the labour market, even on a part-time basis. Indeed, if the government believes that these individuals cannot perform real paid work because they are not “productive” enough, then we need to rethink how they participate in work-like activities. 

In the coming years, QIDS wants to work on developing alternatives to current programs for people who will not be able to enter the labour market.

No one should be left behind. Employment is not the only way to contribute to society.

A class action lawsuit is a legal procedure brought before a court. It is filed on behalf of a group of people who are in the same situation.

It is a way of defending the rights of several people at the same time, without each person having to act alone with their own lawyer.

It helps make justice more accessible and fairer for everyone.

It also aims to change government practices so that things improve for everyone. When people ask for systemic change together, it is easier to convince the government to change problematic practices.

This class action lawsuit names the Quebec government—specifically, the Attorney General as representative of the Ministry of Health and Social Services (MSSS) and Santé Québec—as defendants.

It is important to note that the class action lawsuit does not seek to hold non-profit organizations or private companies legally responsible for the situations of the participants.

According to QIDS, the Quebec government bears the main responsibility: it designed, funded, coordinated, and maintained these programs as they exist today, without a legal framework guaranteeing the rights and dignity of participants, despite numerous warnings from various organizations.

TJL is a law firm that has specialized in class actions and public interest law for over twenty years. Several of their cases have resulted in landmark rulings, including important decisions by the Supreme Court of Canada.

TJL only accepts cases that can move Quebec and Canada toward a more just society that is more respectful of citizens, their health, and the environment. TJL, like QIDS, believes that this class action is an important cause for human rights. Together, we believe that this action presents an important opportunity to change the law and improve the lives of people with intellectual disabilities.

In simple terms, a socio-professional program is non-inclusive when:

• people with disabilities work to produce goods and services;
• the program generates income for the organization or other parties;
• the tasks are the same as those of a regular job, but without the minimum wage or benefits provided for by law.