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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 - Commission settles complaints with the Dufferin-Peel Catholic District School Board

    October 2005 - The Dufferin-Peel Catholic District School Board (the “Board’) agrees that, when teachers or school administrators are alleged to have made inappropriate remark(s) toward a student regarding that student's race, colour, ethnic origin, place of origin, creed, or disability, or other grounds as protected by the Ontario Human Rights Code , or to have purposefully failed to appropriately accommodate the needs of disabled students, the Board shall investigate the allegations and implement measures, where appropriate, to ensure accountability. Such measures shall include, in appropriate circumstances, discipline up to and including termination.

  2. Submission Of The Ontario Human Rights Commission to the Toronto District School Board Safe And Compassionate Schools Task Force

    April 2004 - The Commission is pleased to have the opportunity to make this public submission to the Toronto District School Board’s Safe and Compassionate Schools Task Force. The Commission makes this submission in accordance with its previously stated intent to examine the concern that the Safe Schools Act and related school board policies are having a discriminatory effect on racialized students and students with disabilities.
  3. Submission of the Ontario Human Rights Commission to the Ministry of Citizenship and Immigration regarding the consultations to strengthen the "Ontarians with Disabilities Act"

    March 2004 - This submission is in response to the Ministry of Citizenship and Immigration’s public consultation on strengthening the Ontarians with Disabilities Act (ODA).The Ontario Human Rights Commission (OHRC) commends the Ministry for this initiative to make the ODA stronger and more effective. We believe that a strong ODA can lead to significant improvements in the lives of Ontarians with disabilities.
  4. Education funding for students with disabilities

    2003 - In 1998, the provincial government introduced a new funding formula for Ontario’s publicly-funded elementary and secondary school system. Under the new system, school boards no longer have the power to generate resources through taxation, and therefore depend on government grants to run the education system. Funding remains a major issue in ensuring that education is accessible at the post-secondary level. Increases in tuition fees have particular implications for students with disabilities whose educational costs may be significantly higher, and who, in many cases, are unable to hold down a part-time job to ease these costs.
  5. The opportunity to succeed: Achieving barrier-free education for students with disabilities

    2003 - The Report provides an in-depth picture of human rights issues relating to disability and education in the province of Ontario. It outlines “Actions Required” of key players in the education system to address the practices and attitudes that limit the ability of students with disabilities to access education equally. It also includes specific Commission commitments which are steps that the Commission will take to help combat discrimination against students with disabilities. The Commission’s analysis and recommendations are informed by the comprehensive input received from stakeholders throughout the course of the consultation.
  6. The Ontario Safe Schools Act: School discipline and discrimination

    July 2003 - The main purpose of this report is to examine whether the Ontario Safe Schools Act and Regulations and the school board policies on discipline, known by some as “zero tolerance” policies, are having a disproportionate impact on racial minority students and students with disabilities. Advocates of zero tolerance argue that the policies are colour blind and fair because all the students who commit the same offence will be treated the same. Opponents point to other jurisdictions where there is data showing that suspensions and expulsions have a disproportionate impact on Black and other racial minority students and students with disabilities.

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