Confirmation Letter from Human Rights Commission - Recommendation from Investigator Accepted (Hampton)

The Board decided to accept the investigator’s recommendation to request an adjudicator to conduct a public hearing of the complaint.

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Confirmation Letter from Human Rights Commission - Recommendation from Investigator Accepted (Sylvester)

The Board decided to accept the investigator’s recommendation to request an adjudicator to conduct a public hearing of the complaint.

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Letter of Support from the CP Association

The level of support provided should be determined by a person's individual needs, not
whether they have an intellectual disability.

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Letter to Deputy Minister of Health, Seniors & Active Living

Amelia and Tyson are young adults who require assistance with all aspects of their daily activities because of the nature of their physical disabilities. While Amelia and Tyson require assistance 24 hours/day, they currently receive an
inadequate patchwork of rudimentary services.

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Letter of Support from ILRC

Our experience entails that the arbitrary assigning of 55 hours of care per week is a decision delivered in the interests of administration and bureaucracy, rather than the needs and specific requirements of individuals.

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Reply of the Respondent Manitoba Health, Seniors & Active Living (RE: Amy Hampton)

The purpose of home care services is to supplement the role of family and other informal support networks in providing personal care assistance to individuals in their homes. They were not intended to eliminate the role of families or long term care facilities.

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Reply of the Winnipeg Regional Health Authority (RE: Amy Hampton)

The WRHA specifically denies the allegation that there is a widely recognized term known as "gappers" used in the health care field to describe individuals receiving services such as the Complainant.

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Reply of the Winnipeg Regional Health Authority (RE: Tyson Sylvester)

The Manitoba Home Care Program is a supplemental program which is not designed to replace hospital, long term care or other in­patient facilities. There is no obligation on the WRHA to ensure that an individual has someone in attendance twenty-four hours a day, seven days a week. Nor is the home care program a service that is designed to cater to the social needs of Manitobans.

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Reply of the Respondent Manitoba Families (RE: Hampton)

As Community Living disABILITY Services are provided to eligible individuals based on the availability of resources and the priority of need, program eligibility alone does not result in guaranteed service provision.

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Reply of the Respondent Manitoba Families (RE: Tyson Sylvester)

Children's disABILITY Services is a non-statutory, voluntary program that provides assistance to families to help them meet some of the disability related needs of their children who have developmental and/or lifelong physical disabilities. Services and supports are intended to strengthen families and reduce stress so that costly out-of-home placements are prevented or delayed.

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Amy Hampton's Investigation Report

The purpose of this report is to recommend to the Board of Commissioners to dismiss the complaint or refer it to the Human Rights Adjudication Panel.

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Tyson Sylvester's Investigation Report

The purpose of this report is to recommend to the Board of Commissioners to dismiss the complaint or refer it to the Human Rights Adjudication Panel.

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Reply of the Complainant

The complainants (Amelia Hampton and Tyson Sylvester) agree with the contents of the Investigative Reports except where clarifications are provided.

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Human Rights Complaint of Mr. Tyson Sylvester

This complaint concerns an ongoing violation of Tyson Sylvester's right to be free from discrimination on the basis of disability and age when receiving services. The Applicant alleges that Manitoba Health, Seniors and Active Living (MH), Manitoba Families (MF) and the Winnipeg Regional Health Authority (WRHA) have failed to provide adequate services.

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Human Rights Complaint of Ms. Amelia Hampton

During her transition from youth to adulthood, the Applicant went from receiving a full suite of supports to inadequate patchwork of services. The transition from youth to adulthood has created an enormous strain on the Applicant and her family.

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Amendment to the Complaint

Single Reference to the Government of Manitoba, its various departments and agencies.

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