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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. With learning in mind

    In 2016, the Ontario Human Rights Commission (OHRC) wrote to public colleges and universities in Ontario asking them to implement six specific measures to reduce systemic barriers to post-secondary education for students with mental health disabilities. This report describes the systemic barriers identified by the OHRC, the modifications to post-secondary institutions’ policies and procedures requested by the OHRC, and the institutions’ self-reported progress in implementing the requested changes.

  2. Whether the para-transit services provided by public transit services in the cities of Toronto, Hamilton, London, and Windsor are special programs under the Ontario Human Rights Code

    2006 - Public transit in cities across Ontario is fundamental to the ability of many people to participate meaningfully in the life of their communities. Public transportation is used to access employment, education, public and social services and community activities. Equal access by persons with disabilities to public transportation is a right protected under the Ontario Human Rights Code (“Code”). Equal access to transit services in not a reality for many citizens of the Province and despite its importance in our daily lives, barriers to public transit services remain.

  3. The opportunity to succeed: Achieving barrier-free education for students with disabilities

    2003 - The Report provides an in-depth picture of human rights issues relating to disability and education in the province of Ontario. It outlines “Actions Required” of key players in the education system to address the practices and attitudes that limit the ability of students with disabilities to access education equally. It also includes specific Commission commitments which are steps that the Commission will take to help combat discrimination against students with disabilities. The Commission’s analysis and recommendations are informed by the comprehensive input received from stakeholders throughout the course of the consultation.
  4. The Ontario Safe Schools Act: School discipline and discrimination

    July 2003 - The main purpose of this report is to examine whether the Ontario Safe Schools Act and Regulations and the school board policies on discipline, known by some as “zero tolerance” policies, are having a disproportionate impact on racial minority students and students with disabilities. Advocates of zero tolerance argue that the policies are colour blind and fair because all the students who commit the same offence will be treated the same. Opponents point to other jurisdictions where there is data showing that suspensions and expulsions have a disproportionate impact on Black and other racial minority students and students with disabilities.
  5. Settlement relating to Toronto Police Service Memorial Wall

    November 11, 2015 - the Ontario Human Rights Commission (OHRC) filed an Application with the Human Rights Tribunal of Ontario (HRTO) alleging discrimination in employment based on disability because of the Toronto Police Service’s (TPS) failure to include on its Memorial Wall officers who end their lives as a result of a mental health disability incurred in the line of duty. On April 18, 2017 a settlement was reached with the following terms...

  6. Report of the Ontario Human Rights Commission on police use of force and mental health

    February 2014 - People with mental health disabilities are often among the most vulnerable people in Ontario. Many face a unique set of challenges where they live, in workplaces, or in our communities. When people are in crisis they also present a unique set of challenges to police services when considering the use of force. This leads to many concerns from a human rights perspective. It is not the role of the Ontario Human Rights Commission (OHRC) to comment on individual cases – we leave it to other experts to resolve these. But it is our role to look at common themes and concerns, and offer ways to move forward.

  7. Questions and answers on cannabis and the Human Rights Code

    September 2018 - Cannabis or “marijuana” laws are changing in Canada. It will now be legal for people age 19 or older in Ontario to buy, possess, use and grow recreational cannabis. Provincial laws generally permit cannabis use wherever laws permit tobacco use. Cannabis use for a medical purpose (medical cannabis) continues to be legal.

    Employers and employees, housing providers and residents, and other organizations and individuals are asking about the implications under Ontario’s Human Rights Code.

  8. Public consultation paper: Human rights and mental health strategy

    November 2009 - The OHRC is developing a human rights mental health strategy to guide its activity in addressing systemic areas of discrimination affecting people with mental health disabilities. In September 2009, the OHRC started meeting with individuals and organizations in the field regarding human rights concerns faced by people with mental health disabilities. This second stage of consultation is aimed at soliciting your views to identify key approaches, issues and projects in these areas.

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