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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. 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.

  2. Human Rights settlement reached with Ministry of Education on Safe Schools - Terms of settlement

    WHEREAS on July 7, 2005, the OHRC initiated a complaint, number GKEA-6DUH6W, pursuant to subsection 32(2) of the Human Rights Code in the public interest and on behalf of racialized students and students with disabilities alleging that the application of the safe schools provisions of the Education Act and the Ministry’s and school boards’ policies on discipline are having a disproportionate impact on racial minority students and students with disabilities. NOW THEREFORE, the Parties agree to settle these matters as follows:

  3. Letter to education providers re: recommendations to improve educational outcomes for students with disabilities

    August 24, 2018 - I am writing today to provide you with a confidential copy of the executive summary and recommendations for the OHRC's 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.

  4. 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.

  5. 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.

  6. 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.
  7. 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.

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