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Disability

The Code protects people from discrimination and harassment because of past, present and perceived disabilities.  “Disability” covers a broad range and degree of conditions, some visible and some not visible. A disability may have been present from birth, caused by an accident, or developed over time.

There are physical, mental and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, mental health disabilities and addictions, environmental sensitivities, and other conditions. 

Relevant policies: 

  1. Accommodating students with disabilities - Roles and responsibilities (fact sheet)

    2000 - The Ontario Human Rights Code guarantees the right to equal treatment in education, without discrimination on the ground of disability, as part of the protection for equal treatment in services. Education providers have a duty to accommodate students with disabilities up to the point of undue hardship. Students with disabilities are not always being provided with appropriate accommodation, and, in some cases, are falling victim to disputes between the various parties responsible for accommodation. The accommodation process is a shared responsibility.

  2. Comment of the Ontario Human Rights Commission on Every Door is the Right Door: Towards a 10-Year Mental Health and Addictions Strategy - Ministry of Health and Long-Term Care

    August 2009 - The Ontario Human Rights Commission, (the “Commission”) commends the Ministry of Health and Long-Term Care (“Ministry”) for its work on an improved strategy to meet the needs of Ontarians with mental illnesses and addictions. The Commission is pleased to provide its input on this discussion paper, particularly with respect to the sections on Stigma and Healthy Communities.
  3. Ontario Human Rights Commission submission regarding the Ministry of Community and Social Services Proposed Integrated Accessibility Regulation under the Accessibility for Ontarians with Disabilities Act 2005

    October 2010 - The OHRC is again raising a number of concerns about the proposed Integrated Accessibility Regulation, echoing those we’ve highlighted in past AODA submissions. Specifically, the proposed IAR fails to identify interpretive human rights principles upfront and apply them to many of its provisions.
  4. Re: OHCHR Thematic study on participation of persons with disabilities in political and public life

    October 2011 - In recent months, the Ontario Human Rights Commission (OHRC) has been examining the issue of accessible elections for both voters and candidates with disabilities. That is why we were pleased to learn the Office of the High Commissioner for Human Rights has initiated a study on participation in political and public life in accordance with Article 29 of the Convention on the Rights of Persons with Disabilities (CRPD). This update on our related activities serves as our submission to your study.
  5. Commission appeals advance human rights law (fact sheet)

    June 2006 - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.