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.
- Policy on accessible education for students with disabilities (2018)
- Policy on drug and alcohol testing (2016)
- Policy on ableism and discrimination based on disability (2016)
- Policy on preventing discrimination based on mental health disabilities and addictions (2014)
- Policy on environmental sensitivities (Canadian Human Rights Commission, 2014)
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.
June 2014 - People with mental health issues and addictions are a diverse group, and experience disability, impairment and societal barriers in many different ways. Disabilities are often “invisible” and episodic, with people sometimes experiencing periods of wellness and periods of disability. All people with disabilities have the same rights to equal opportunities under the Code, whether their disabilities are visible or not.
2004 - As part of the duty to accommodate, education providers are responsible for taking steps to plan for the accommodation of students with disabilities. Effective planning will take place both on an organizational and individual level.
Stereotyping involves making assumptions about individuals based on the presumed qualities of the group they belong to. When people stereotype others, they do not see the real person. Throughout the consultation, we heard how people faced a large amount of negative stereotyping, which can lead to discrimination.
Letter to Minister of Education re: Policy/Program Memorandum (PPM) – school board policies on service animals
The OHRC responded to the Ministry of Education’s consultation on its draft PPM for school board policies on service animals in schools. The OHRC recommended revisions such as recognizing that the duty to accommodate disability also includes individual needs not related to learning needs.
Discriminatory opposition to affordable housing for groups protected under the Code (“Not-in-my-backyard” syndrome or “NIMBYism”) makes it much harder to develop affordable social and supportive housing for people with mental health issues or addictions.
Here are some key steps the OHRC took in the largest consultation in its history.
June 2014 - Mental health profiling is any action taken for reasons of safety, security or public protection that relies on stereotypes about a person’s mental health or addiction instead of on reasonable grounds, to single out a person for greater scrutiny or different treatment. A “stereotype” is a generalization about a person based on assumptions about qualities and characteristics of the group they belong to.
2003 - Barriers to education can take a variety of forms. They can be physical, technological, systemic, financial, or attitudinal, or they can arise from an education provider’s failure to make available a needed accommodation in a timely manner.