Swimming Up Niagara Falls

[Image description: David Lepofsky, pictured outside of the Ontario Court of Justice. Photo credit: Nick Kozak, Source: Toronto.com]
Forty years ago, a major victory for disability rights took effect in Canada—one that forever changed the legal and social landscape for people with disabilities.
On April 17, 1985, Section 15 of the Canadian Charter of Rights and Freedoms—the equality rights provision—came into force. It was the first time a Western democracy officially recognized the right to disability equality in its Constitution.
You can now experience the compelling true story of how this happened in a brand-new, multi-format memoir: Swimming Up Niagara Falls! The Battle to Get Disability Rights Added to the Canadian Charter of Rights and Freedoms, written by renowned lawyer, disability rights advocate, and AODA Alliance Chair, David Lepofsky.
This powerful and inspiring story is available in multiple formats—audio, braille, EPUB, print, and accessible digital text—made accessible by CNIB Beyond Print.
And the best part? Many of these options are completely free!
Determination, Advocacy, and Change
The title Swimming Up Niagara Falls says it all.
It reflects the steep and powerful struggle David Lepofsky and other disability advocates faced as they fought to have disability rights included in Canada’s Constitution.
They had no organizing experience, no internet, and no smartphones—just determination, passion, and the belief that people with disabilities deserve equality. Against all odds, their grassroots campaign succeeded.
Their efforts led to the only constitutional right added to the Charter of Rights and Freedoms during its 18-month reform—a remarkable accomplishment.
This memoir tells that story with honesty, heart, and strength. It’s about political change, personal courage, and the power of people coming together to create a more inclusive Canada.
In the words of Lepofsky:
“Equality for people with disabilities was the only constitutional right added to the Canadian Charter of Rights and Freedoms during the widely publicized eighteen-month epic battle over the patriation of Canada’s Constitution, which lasted from October 1980 to April 1982.”
With a foreword by retired Supreme Court of Canada Justice Rosalie Abella, a global champion of human rights, this memoir speaks not only to disability advocates, but to legal scholars, social justice advocates, and everyday readers who want to understand how meaningful change is made.
Making History Accessible
CNIB Beyond Print is proud to have produced all the accessible and commercial versions of Swimming Up Niagara Falls.
This project is a perfect example of our commitment to removing barriers to reading and publishing and creating a future where every Canadian can access the stories and information that matter to them.
Formats include:
- Audio book (produced and recorded by CNIB)
- Braille
- Accessible MS Word and PDF documents
- EPUB e-book
- Commercial print-on-demand edition via Amazon
- Kindle e-book
These alternative options mean that all readers, including those with print disabilities can enjoy this landmark memoir.
We’re especially thrilled that the free audio version, is available to the public beyond CNIB clients. This is advocacy in action: inclusive, accessible, and open to all!
If you’re a publisher or organization looking to create accessible content, CNIB Beyond Print can help.
From EPUBs to braille, and everything in between, we offer expert services tailored to your project and your audience.
Learn more about our offerings at www.cnib-beyondprint.ca.
Why This Book Matters Today
The rights won through the constitutional amendment Lepofsky, and many others, fought for have since formed the legal backbone for numerous policies, laws, and court cases. These include:
- The Accessibility for Ontarians with Disabilities Act (AODA)
- The Accessible Canada Act
- Landmark court rulings on education, health care access, and employment equality
These changes didn’t happen overnight.
They’re the result of decades of strategic advocacy and the hard work of people committed to justice. Lepofsky’s memoirs is a detailed look back but also a toolkit for anyone seeking to advance equality today.
If you’re a student, educator, policy maker, or community organizer, this book is must-read.
It’s already been featured on major Canadian media like TVO’s The Agenda with Steve Paikin and CBC’s Ontario Today.
It’s also been published in the prestigious Windsor Yearbook of Access to Justice (Volume 39).
Want to Help?
Here’s how you can make a difference:
- Spread the word: Share this book with others, especially those involved in education, law, social work, or community leadership.
- Add it to your curriculum: If you teach human rights, law, or social justice, consider including this memoir in your course materials.
- Explore accessibility: If you publish content, think about how you can make your materials more inclusive. Beyond Print is here to support you.
Final Thoughts
At CNIB Beyond Print, we believe in a world where everyone can read, learn, and participate fully—regardless of ability.
Lepofsky’s memoir is a celebration of what’s possible when we fight for inclusion, and when we make sure that powerful stories are accessible to all.
If you have questions or need help producing accessible formats, reach out to us.
Let’s build a barrier-free Canada—together!
