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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. Human rights commissions and economic and social rights

    2001 - This paper is one of several initiatives by the Ontario Human Rights Commission to explore ways in which human rights commissions can become more involved in protecting and promoting economic and social rights and in implementing international treaties to which Canada is a party. The challenge for human rights commissions is to find ways to maximize the potential of their mandates to promote international standards, including those contained in the International Covenant on Economic, Social and Cultural Rights.
  2. Inclusive design and the duty to accommodate (fact sheet)

    June 2014 - People with mental health disabilities or addictions face many kinds of barriers every day. These could be attitude, communication, physical or systemic barriers. Organizations should identity and remove barriers voluntarily instead of waiting to respond to individual accommodation requests or complaints. Effective inclusive design reduces the need for people to ask for individual accommodation. Organizations, including government, should use the principles of inclusive design when creating policies, programs, procedures, standards, requirements and facilities.

  3. Letter to MCSCS regarding data on the use of segregation

    June 15, 2016 - Dear Minister Orazietti, Congratulations on your appointment as Minister of Community Safety and Correctional Services.  The Ontario Human Rights Commission (OHRC) is looking forward to working closely with you, especially as you continue to review the use of segregation within provincial jails, as well as the treatment of immigration detainees held in provincial custody.

  4. Letter to Ministers re: accessible education for students with disabilities

    August 21, 2018 - I am writing today to provide you with an advance copy of the Ontario Human Rights Commission’s (OHRC) Policy on accessible education for students with disabilities. The new policy reflects case law developments, international human rights standards and evolving social science research, and also includes recommendations to key actors in the sector.

  5. Letter to the Attorney General regarding Police record checks on potential jurors

    June 4, 2009 - The Ontario Human Rights Commission was concerned to learn this past week about broad police record checks being conducted on some jury pools. While this matter raises important issues around disclosure, impartiality, judicial fairness, privacy, and informed consent, there are also human rights implications for individuals with mental health disabilities under Ontario’s Human Rights Code.
  6. Letter to the Editor, Toronto Star Re:Canada's ratification of the U.N. Convention on the Rights of Persons with Disabilities

    March 12, 2010 - Canada’s ratification of the U.N. Convention on the Rights of Persons with Disabilities is an important step forward. Much more than “just another treaty”, the Convention is, essentially, Canada’s promise to protect, promote and advance the rights of people with disabilities.
  7. Letter to the Ministry of Community Safety and Correctional Services re: Findings from Tour of Vanier Centre for Women

    January 7, 2019 - As part of the OHRC monitoring of the settlement in the Jahn matter, we visited the Vanier Centre for Women (“Vanier”) in Milton, Ontario. I am writing today to provide you with a summary of what we learned on our December 4, 2018 visit.

  8. Letter to the Ministry of Education regarding the provincial and demonstration schools consultation

    April 6, 2016 - Dear Minister, I write in regard to your Ministry’s current consultation involving certain provincial and demonstration schools for students with disabilities. Under Ontario’s Human Rights Code, students with disabilities have a right to be free from discrimination. This includes the duty to accommodate students’ disability related needs. That duty also covers the accommodation process and everyone involved.

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