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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. 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.
  2. 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.
  3. 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.
  4. 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.

  5. Accommodating students with disabilities - Principles (fact sheet)

    2000 - Once a disability-related need has been identified, or a case of discrimination has been established, education providers have a duty to accommodate the needs of students with disabilities, unless to do so would cause undue hardship. Accommodation is a means of preventing and removing barriers that impede students with disabilities from participating fully in the educational environment. Accommodation involves three principles: dignity, individualization and inclusion.

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