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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. Summary: Hamilton-Wentworth District School Board v. Fair

    On May 31, 2016, the Court of Appeal for Ontario[1] 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.

  2. Cole v Ontario (Health and Long-Term Care) : Challenging the funding limits to live in community settings

    Background

    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.

  3. Voices from the community

    [The] public school refused to acknowledge or accept the dyslexia diagnosis until she was seven. … Without timely remediation, my daughter is barely able to read and write in English as she enters Grade 3. … In the meantime, her mental health is strained because she is keenly aware of her learning differences and extremely frustrated by the fact that she struggles to read and write. … Last year she asked Santa Claus for “the power to read” – she’s still wondering if she’ll ever get her wish.

    • Parent of 8-year-old

     

  4. OHRC initiatives related to disability and education 1999 – 2019

    2019

    Letter to Minister of Education re: Policy/Program Memorandum (PPM) – school board policies on service animals

    Letter

    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.

  5. Right to Read : Ontario Human Rights Commission Inquiry into human rights issues that affect students with reading disabilities in Ontario’s public education system : Terms of reference

    Reading is a fundamental skill that students must have to navigate their school experience and their later lives. Our public schools should be able to teach students
    to read. Yet, this may not be the reality for students with reading disabilities.

  6. Voices from community partners

    The Learning Disabilities Associations (LDAs) across Canada started from the Toronto office in 1963 and today is overseen coast-to-coast by the LDA of Canada. The LDAC led the efforts involving the Geoffrey Moore case where the Supreme Court of Canada examined the rights to education and considered the “ramp” required for those with Learning Disabilities to have the access they deserve. Learning Disabilities Association of Ontario (LDAO) is committed to students with Learning Disabilities being given the best possible opportunities to succeed in Ontario schools and therefore looks forward t