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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. "Next Stop, Accessibility" Report on the public transit stop announcements in Ontario

    April 2008 - In October 2007, in response to recent developments and ongoing concerns in the area of transit accessibility, the Commission began an inquiry into whether transit providers across the province announce transit stops. Through this initiative, the Commission hoped to improve awareness in the transit sector of the importance of announcing all stops for the purposes of inclusion and accessibility, and to secure commitments toward quickly developing and implementing stop announcement plans.
  2. 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.

  3. 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.

  4. By the Numbers: A statistical profile of people with mental health and addiction disabilities in Ontario

    October 2015 - This report highlights the unique disadvantages that people with mental health and addiction disabilities experience in different social and economic areas. Showing these disadvantages can help policy makers, government, researchers, disability groups and service providers in their work to protect the human rights of people with disabilities, including people with mental health or addiction disabilities. The OHRC hopes that this report will be used as a tool to promote change to close these gaps.

  5. 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.

  6. Commission appeals advance human rights law (fact sheet)

    June 2006 - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.

  7. Consultation paper: Education and disability - Human Rights issues in Ontario's education system

    2006 - Education is central to the life of an individual in the community. It provides opportunities for personal, social, and academic growth and development. It sets the stage for later life experiences, most especially in employment. It is also an important venue for integration into the life of the community.

  8. Consultation paper: Undue hardship standard and voluntary assumption of risk

    1999 - The purpose of this consultation is to solicit your views on proposed revisions to the Guidelines on Assessing Accommodation Requirements for Persons with Disabilities. There are two substantive issues that are being considered for revision at this time. As well, the Commission is seeking your input as to any issues that should be addressed in the Guidelines.

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