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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. OHRC submission regarding Accessibility for Ontarians with Disabilities Act (AODA) 2013-2014 Legislative review

    June 2014 - The Ontario Human Rights Commission (OHRC) is making this submission to the second independent legislative review of the Accessibility for Ontarians with Disabilities Act (AODA). In accordance with its mandate under section 29 (c) of the Ontario Human Rights Code, the OHRC speaks out and makes recommendations designed to prevent and eliminate discriminatory practices including barriers faced by persons with disabilities. Disability is consistently the most frequent ground of discrimination cited in over 50% of applications to the Human Rights Tribunal of Ontario.

  2. Submission of the OHRC to the Ombudsman’s Investigation into the direction provided to police by the Ministry of Community Safety and Correctional Services for de-escalating conflict situations

    July 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.

  3. MacConnell v. Ontario (Community and Social Services) Special Diets case – judicial review allowed

    September 2014 - The Divisional Court has allowed an application for judicial review, heard on September 16, brought by the applicants and the Ontario Human Rights Commission (OHRC), of a decision of the Human Rights Tribunal of Ontario (HRTO) denying special diet benefits to Joanne MacConnell.

  4. Consultation report: Human rights and public transit services in Ontario

    March 2002 - This Report is based on the many and varying viewpoints presented to the OHRC in the course of its public consultation on accessible public transportation in Ontario. Conventional and paratransit systems are examined in depth, in terms of the human rights principles that apply, the issues raised, and the impact on older persons, persons with disabilities, and families with young children. Three key issues raised throughout the consultation were funding, standards, and roles and responsibilities. These issues are examined in depth.
  5. 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.
  6. 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.
  7. "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.
  8. Submission of the Ontario Human Rights Commission Concerning barrier-free access requirements in the Ontario Building Code

    March 2002 - This submission is in response to the Ministry of Municipal Affairs and Housing’s (MAH) public consultation on the accessibility provisions of the Ontario Building Code (the “Building Code”). It has become increasingly clear to the Commission that the barrier-free requirements in the current Building Code have not been sufficient to achieve the degree of integration and full participation for persons with disabilities that is intended by the Ontario Human Rights Code (the “Human Rights Code”).
  9. Submission of the Ontario Human Rights Commission to the Transportation Standards Review Committee regarding the Initial Proposed Transportation Accessibility Standard

    August 2007 - The Commission has grave concerns with significant aspects of the Transportation Standard. In a number of areas, the standard falls far short of human rights standards, not only failing to make progress towards equality for persons with disabilities, but regressing on gains previously made. The Commission urges the Committee to significantly revise the Transportation Standard in order to bring it into alignment with human rights standards and the purposes of the AODA.

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