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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. Backgrounder: Settlement with respect to the exhibition of movies with closed captioning

    2007 - Three complainants filed complaints against various film exhibitors and distributors regarding accessibility of movies to the deaf, deafened and hard of hearing community which were referred by the Ontario Human Rights Commission to the Human Rights Tribunal of Ontario. The complainants and the exhibitor parties (the “Exhibitors”) have agreed to a settlement which includes an incremental increase in the number of theatre complexes with the capability to exhibit movies with closed captioning.

  2. Consultation paper: Education and disability - Human Rights issues in Ontario's education system

    2006 - Education is central to the life of an individual in the community. It provides opportunities for personal, social, and academic growth and development. It sets the stage for later life experiences, most especially in employment. It is also an important venue for integration into the life of the community.

  3. Backgrounder - Human rights and public transit

    2002 - Under the Ontario Human Rights Code, every citizen of Ontario has a right to equal treatment in receiving public services, which include public transit services.Transit providers have a legal responsibility to ensure that transit systems are accessible to all Ontarians. For many, access to public transit is a necessity - in order to obtain an education, find and keep a job, or use basic public services like health care.

  4. Backgrounder - Restaurant accessibility and the Ontario Building Code

    July 2006 - The Ontario Human Rights Code creates a right to barrier-free restaurants, shops, hotels, movie theatres and other public places, and obliges businesses operating in Ontario to make their facilities accessible. A failure to provide equal access to a facility or equal treatment in a service constitutes a violation of the Human Rights Code. The only available defence to such discrimination is showing that providing access or services would constitute undue hardship having regard to cost, outside sources of funding, or health and safety factors.

  5. Preventing discrimination based on mental health and addiction disabilities : An overview for employers (brochure)

    June 2014 - Mental health issues and addictions are “disabilities” that are protected under the Code. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder (PTSD), depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few.

  6. MacConnell v. Ontario (Community and Social Services) Special Diets case – judicial review allowed

    September 2014 - The Divisional Court has allowed an application for judicial review, heard on September 16, brought by the applicants and the Ontario Human Rights Commission (OHRC), of a decision of the Human Rights Tribunal of Ontario (HRTO) denying special diet benefits to Joanne MacConnell.

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