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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. 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”).
  4. 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.

  5. 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.

  6. 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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