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1. Entente dans une affaire charnière de violation de droits de la personne

   Toronto – Une entente a été conclue dans l'affaire de violation des droits de la personne la plus longue de l'histoire du Canada. L'affaire Michael McKinnon c. le ministère des Services correctionnels de l'Ontario, relative à la discrimination fondée sur l'ascendance autochtone, est devenue la cause type au Canada sur les recours en matière de droits de la personne en cas de discrimination raciale. La plainte originale, déposée par M. McKinnon, un agent des services correctionnels travaillant au ministère, a été déposée en 1988. Elle a été réglée maintenant, 23 ans plus tard.

2. Policy on HIV/AIDS-related discrimination

   November 1996 - This policy clarifies the scope of the Code's protection for persons who are or are perceived to be infected with HIV or who have contracted HIV-related illnesses. The guidelines contained in this policy are based on extensive consultations between the OHRC and a wide-ranging number of interest and advocacy groups, employer groups, services providers, and members of the medical community, including hospital administrators.

3. Relevant Ontario Human Rights Code provisions

   From: Policy on height and weight requirements

   Section 5

   (1) Every person has a right to equal treatment with respect to employment without
   discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability.

   Section 11

4. 1. Introduction

   From: Policy on preventing discrimination based on mental health disabilities and addictions

   From 2009 to 2011, the Ontario Human Rights Commission (OHRC) consulted on its mental health strategy with over 1,500 concerned individuals and groups, including approximately 1,000 people with mental health issues or addictions, as well as employers, service providers, housing providers, advocates, families and others.

5. 2. Purpose of this policy

   From: Policy on preventing discrimination based on mental health disabilities and addictions

   The OHRC’s previous work on disability has addressed discrimination against persons with mental disabilities and/or addictions. The OHRC’s Policy and guidelines on disability and the duty to accommodate (Disability Policy)[16] recognizes that people with mental disabilities face a high degree of stigmatization and significant barriers to employment opportunities.

6. 4. Recognizing mental health disabilities and addictions

   From: Policy on preventing discrimination based on mental health disabilities and addictions

   4.1 Mental health disability

7. 5. Ableism, negative attitudes, stereotypes and stigma

   From: Policy on preventing discrimination based on mental health disabilities and addictions

   An “ableist” belief system often underlies negative attitudes, stereotypes and stigma toward people with psychosocial disabilities. “Ableism” refers to attitudes in society that devalue and limit the potential of persons with disabilities. Ableism is

8. 6. Legal framework

   From: Policy on preventing discrimination based on mental health disabilities and addictions

   6.1 Ontario Human Rights Code

   6.1.1 Protections

   Under the Code, people with mental health disabilities and addictions are protected from discrimination and harassment based on disability in five “social areas”:

9. 7. Intersecting grounds

   From: Policy on preventing discrimination based on mental health disabilities and addictions

   Discrimination may be unique or distinct when it occurs based on two or more Code grounds. Such discrimination can be said to be “intersectional.” The concept of intersectional discrimination recognizes that people’s lives involve multiple interrelated identities, and that marginalization and exclusion based on Code grounds may exist because of how these identities intersect.

10. 8. Poverty, mental health and addiction

    From: Policy on preventing discrimination based on mental health disabilities and addictions

    People with psychosocial disabilities are more likely to have low incomes than people without psychosocial disabilities, and many people live in chronic poverty. In the OHRC’s mental health consultation, as well as in its housing policy consultation, it heard a great deal about the links between mental health, addictions and societal factors such as poverty, homelessness, lower levels of education, inadequate levels of public assistance and other social supports, and a lack of affordable housing. For example, many people who have psychosocial disabilities receive public assistance.

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