I am writing today to outline the Ontario Human Rights Commission’s concerns regarding the University of Toronto’s proposed University-Mandated Leave of Absence Policy which is being considered by the University Affairs Board tomorrow (January 30, 2018). The OHRC is concerned that the treatment of students contemplated in the Policy may result in discrimination on the basis of mental health disability contrary to the Human Rights Code.
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.
- Policy on accessible education for students with disabilities (2018)
- Policy on drug and alcohol testing (2016)
- Policy on ableism and discrimination based on disability (2016)
- Policy on preventing discrimination based on mental health disabilities and addictions (2014)
- Policy on environmental sensitivities (Canadian Human Rights Commission, 2014)
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.
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.
2000 - Everyone - employers, unions, and persons with disabilities - has a shared responsibility for making the accommodation process a success. Nothing forces a person to reveal a disability. However, when an accommodation is requested, everyone involved should cooperatively share information and actively seek solutions.
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.
October 14, 1999 - Insurance practices routinely make distinctions based on, among other things, gender, age, marital status and disability. While many of these distinctions are based on valid business practices, others raise questions and concerns. These concerns relate to the existence of non-discriminatory alternatives to current practices and about respect for human rights.
June 28, 2012 - We’ve spent the past several months looking at the findings from our province-wide policy consultation on the human rights issues experienced by people with mental health disabilities and addictions. The report is scheduled for release in September 2012. (Volume no.2 No. 1.)
August 22, 2012 - We understand that the city passed by law number Z-1-122090 regulating methadone clinics in March 2012. As noted in our letter of February 24, 2012, the Ontario Human Rights Commission (“the OHRC”) has concerns that this type of regulation may discriminate against people with addictions - who are protected by the Ontario Human Rights Code (“the Code”).
June 2014 - Words can have a powerful effect on how society views people with mental health disabilities and/or addictions. The choice of words can promote acceptance and inclusion or can keep people on the margins of society.
Stereotyping involves making assumptions about individuals based on the presumed qualities of the group they belong to. When people stereotype others, they do not see the real person. Throughout the consultation, we heard how people faced a large amount of negative stereotyping, which can lead to discrimination.