Under the Ontario Human Rights Code (Code), employers, unions, housing providers and service providers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard at work, at school, in housing, or any of the other “social areas” covered by the Code.
The applicant, Ian Cole, is a middle-aged man with a severe intellectual disability who lives in the community. To live in the community, Mr. Cole depends on the receipt of nursing services. The primary source of funding for the nursing services is his local Community Care Access Centre (CCAC). The maximum funding for nursing services is set out in a regulation made under the Home Care and Community Services Act, 1994. At the time the application was filed, funding was available for nursing services to a maximum of four visits per day.
Toronto – In a supplementary submission released today, the OHRC again calls on the Ministry of Community Safety and Correctional Services (MCSCS) to end the practice of segregation (also known as solitary confinement) in Ontario’s correctional facilities.
Toronto – The OHRC today launched its updated Policy on drug and alcohol testing. This Policy offers guidance to Ontario employers and employees about drug and alcohol testing, and about the potential human rights concerns arising from testing.
- Why isn’t it an obvious violation of human rights to do mandatory collection of an employee’s fluids or breath that could reveal a disability?
The Ontario Human Rights Commission (OHRC) recognizes that it is a legitimate goal for employers to have a safe workplace. Safety at work can be negatively affected by many factors, including fatigue, stress, distractions and hazards in the workplace. Drug and alcohol testing is one method employers sometimes use to address safety concerns arising from drug and alcohol use. Drug and alcohol testing has particular human rights implications for people with addictions. Addictions to drugs or alcohol are considered “disabilities” under the Ontario Human Rights Code (Code). The Code prohibits discrimination against people with disabilities and perceived disabilities in employment, services, housing and other social areas.
Supplementary Submission of the Ontario Human Rights Commission to the
Ministry of Community Safety and Correctional Services’ Provincial Segregation Review
On Thursday, September 29, 2016, Chief Commissioner Renu Mandhane launched the OHRC’s Policy on ableism and discrimination based on disability. The OHRC introduced its first policy on disability in 2001. Since that time, there have been many important case law developments, new international human rights standards, and evolving social science research.
It is an unfortunate truth that the history of disabled persons in Canada is largely one of exclusion and marginalization.
People with disabilities have the right to be free from discrimination when they receive goods or services, or use facilities. “Services” is a broad category and can include privately or publicly owned or operated services.