With the recent passage of the Accessibility for Ontarians with Disabilities Act (AODA), 2005, accessibility issues are now governed by complementary aspects of the Ontario Human Rights Code, the AODA, the Ontario Building Code and, in the case of existing buildings, the Ontario Fire Code.
Goods, services and facilities
You have the right to be free from discrimination when you receive goods or services, or use facilities. For example, this right applies to:
- stores, restaurants and bars
- hospitals and health services
- schools, universities and colleges
- public places, amenities and utilities such as recreation centres, public washrooms, malls and parks
- services and programs provided by municipal and provincial governments, including social assistance and benefits, and public transit
- services provided by insurance companies
- classified advertisement space in a newspaper.
Relevant policies and guides:
The Ontario Human Rights Commission and the Ontario Ministry of Education have finalized a settlement of a human rights complaint initiated by the Commission against the Ministry and the Toronto District School Board (TDSB) in July 2005. A settlement was reached separately with the TDSB in November 2005.
WHEREAS on July 7, 2005, the OHRC initiated a complaint, number GKEA-6DUH6W, pursuant to subsection 32(2) of the Human Rights Code in the public interest and on behalf of racialized students and students with disabilities alleging that the application of the safe schools provisions of the Education Act and the Ministry’s and school boards’ policies on discipline are having a disproportionate impact on racial minority students and students with disabilities. NOW THEREFORE, the Parties agree to settle these matters as follows:
October 2005 - The Dufferin-Peel Catholic District School Board (the “Board’) agrees that, when teachers or school administrators are alleged to have made inappropriate remark(s) toward a student regarding that student's race, colour, ethnic origin, place of origin, creed, or disability, or other grounds as protected by the Ontario Human Rights Code , or to have purposefully failed to appropriately accommodate the needs of disabled students, the Board shall investigate the allegations and implement measures, where appropriate, to ensure accountability. Such measures shall include, in appropriate circumstances, discipline up to and including termination.
The Ontario Human Rights Commission is conducting a public inquiry into human rights issues affecting students with reading disabilities in Ontario’s public education system.
[The] public school refused to acknowledge or accept the dyslexia diagnosis until she was seven. … Without timely remediation, my daughter is barely able to read and write in English as she enters Grade 3. … In the meantime, her mental health is strained because she is keenly aware of her learning differences and extremely frustrated by the fact that she struggles to read and write. … Last year she asked Santa Claus for “the power to read” – she’s still wondering if she’ll ever get her wish.
- Parent of 8-year-old
Letter to Minister of Education re: Policy/Program Memorandum (PPM) – school board policies on service animals
The OHRC responded to the Ministry of Education’s consultation on its draft PPM for school board policies on service animals in schools. The OHRC recommended revisions such as recognizing that the duty to accommodate disability also includes individual needs not related to learning needs.
Reading is a fundamental skill that students must have to navigate their school experience and their later lives. Our public schools should be able to teach students
to read. Yet, this may not be the reality for students with reading disabilities.
The Learning Disabilities Associations (LDAs) across Canada started from the Toronto office in 1963 and today is overseen coast-to-coast by the LDA of Canada. The LDAC led the efforts involving the Geoffrey Moore case where the Supreme Court of Canada examined the rights to education and considered the “ramp” required for those with Learning Disabilities to have the access they deserve. Learning Disabilities Association of Ontario (LDAO) is committed to students with Learning Disabilities being given the best possible opportunities to succeed in Ontario schools and therefore looks forward t