April 22, 2015 - The Ontario Human Rights Commission (OHRC) welcomes the government’s commitment to find solutions to public concerns with police record checks. The OHRC agrees that there is a lack of consistency with the various levels of record checks and their purposes, as well as the types of information disclosed, which creates confusion for everyone.
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)
Mr. Tang alleged that the respondents, McMaster University, the Faculty of Health Sciences, the Centre for Student Development and the Medical Sciences Graduate Program, breached the Human Rights Code by failing to meet their substantive and procedural obligations to accommodate him.
April 2016: We are currently revising our Policy on drug and alcohol testing (2000). This summary contains some of the important points employers should be aware of in the interim. The updated policy will be available before the end of the year.
Twenty-five years after it was enacted, the provincial government (Government) is reviewing and revising the Police Services Act as part of its Strategy for a Safer Ontario (SSO). The OHRC welcomes the opportunity to provide input to the Ministry of Community Safety and Correctional Services (Ministry) on the SSO.
On May 31, 2016, the Court of Appeal for Ontario unanimously upheld decisions by the HRTO, which had found that Sharon Fair (Fair) had been subjected to employment-related discrimination by the Hamilton-Wentworth District School Board (the School Board) and had ordered compensation for special and for general damages ($30,000) as well as an order for Fair’s reinstatement. The HRTO’s decisions had earlier been upheld by the Divisional Court.
The OHRC’s Policy on ableism and discrimination based on disability is intended to provide clear, user-friendly guidance on how to assess, handle and resolve human rights matters related to disability. All of society benefits when people with disabilities are encouraged and empowered to take part at all levels.
- Why isn’t it an obvious violation of human rights to do mandatory collection of an employee’s fluids or breath that could reveal a disability?
Supplementary Submission of the Ontario Human Rights Commission to the
Ministry of Community Safety and Correctional Services’ Provincial Segregation Review
The applicant, Ian Cole, is a middle-aged man with a severe intellectual disability who lives in the community. To live in the community, Mr. Cole depends on the receipt of nursing services. The primary source of funding for the nursing services is his local Community Care Access Centre (CCAC). The maximum funding for nursing services is set out in a regulation made under the Home Care and Community Services Act, 1994. At the time the application was filed, funding was available for nursing services to a maximum of four visits per day.
Under the Ontario Human Rights Code (Code), employers, unions, housing providers and service providers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard at work, at school, in housing, or any of the other “social areas” covered by the Code.