6. Legal framework
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”:
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5. Ableism, negative attitudes, stereotypes and stigma
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
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The power of words (fact sheet)
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.
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Policy on preventing discrimination based on mental health disabilities and addictions - Summary (fact sheet)
June 2014 - People with mental health issues and addictions are a diverse group, and experience disability, impairment and societal barriers in many different ways. Disabilities are often “invisible” and episodic, with people sometimes experiencing periods of wellness and periods of disability. All people with disabilities have the same rights to equal opportunities under the Code, whether their disabilities are visible or not.
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Discrimination based on mental health or addiction disabilities - Information for service providers (fact sheet)
June 2014 - Discrimination in services may happen when a person experiences negative treatment or impact because of their mental health or addiction disability. Discrimination does not have to be intentional. And, a person’s mental health or addiction disability needs to be only one factor in the treatment they received to be able to show that discrimination took place. People with a mental health or addiction disability who also identify with other Code grounds (such as sex, race or age) may be distinctly disadvantaged when they try to access a service. Stereotypes may exist that are based on combinations of these identities that place people at unique disadvantage.
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Discrimination based on mental health or addiction disabilities - Information for housing providers (fact sheet)
June 2014 - People with addictions have the same right to be free from discrimination as other people with disabilities. There is often a cross-over between addictions and mental health disabilities, and many people experience both. The Code also protects people from discrimination because of past and perceived disabilities. People with a mental health or addiction disability who also identify with other Code grounds (such as sex, race or age) may be distinctly disadvantaged when they try to find or keep housing. Stereotypes may exist that are based on combinations of these identities that place people at unique disadvantage.
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Mental health profiling (fact sheet)
June 2014 - Mental health profiling is any action taken for reasons of safety, security or public protection that relies on stereotypes about a person’s mental health or addiction instead of on reasonable grounds, to single out a person for greater scrutiny or different treatment. A “stereotype” is a generalization about a person based on assumptions about qualities and characteristics of the group they belong to.
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Inclusive design and the duty to accommodate (fact sheet)
June 2014 - People with mental health disabilities or addictions face many kinds of barriers every day. These could be attitude, communication, physical or systemic barriers. Organizations should identity and remove barriers voluntarily instead of waiting to respond to individual accommodation requests or complaints. Effective inclusive design reduces the need for people to ask for individual accommodation. Organizations, including government, should use the principles of inclusive design when creating policies, programs, procedures, standards, requirements and facilities.
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Forms of discrimination based on mental health or addiction disabilities (fact sheet)
June 2014 - Discrimination against people with mental health or addiction disabilities is often linked to prejudicial attitudes, negative stereotyping and the overall stigma surrounding these disabilities. Discrimination in employment, housing or services may happen when a person experiences negative treatment or impact because of a mental health or addiction disability. The Code also protects people from discrimination because of past and perceived disabilities.
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Ableism, negative attitudes, stereotypes and stigma (fact sheet)
June 2014 - Discrimination against people with mental health or addiction disabilities is often linked to prejudicial attitudes, negative stereotyping, and the overall stigma surrounding these disabilities. All of these concepts are interrelated.
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CASHRA Video - Shaheen Azmi
Deputation to the Toronto PGM Committee, May 29, 2014 – Minimum separation distances
Re: Report PG 33.2, “Amendments for all Zoning By-laws Group Home Separation and Occupant Numbers"
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Human rights, mental health and addiction disabilities (brochure)
June 2014 - Mental health issues and addictions are “disabilities” that are protected under the Code. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder (PTSD), depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few.
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Preventing discrimination based on mental health and addiction disabilities : An overview for employers (brochure)
June 2014 - Mental health issues and addictions are “disabilities” that are protected under the Code. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder (PTSD), depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few.
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Re: Report no. 14-29, Rental housing licensing recommended approach
I am writing in support of the steps that are recommended in Report no. 14-29 – that instead of putting a licensing system in place for rental housing, the City of Guelph use existing bylaws to deal with property concerns. Licensing can be a good tool if its focus is on Building Code, Fire Code and health and safety standards, but it is not an appropriate option for dealing with the actions of the people who may live in the housing. This is why we concur with the report’s recommendation to expand existing programs to target the actual problem areas, without adding an extra cost to tenants across the City.
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Re: Anti-immigration group draws fire from Brampton community leaders
I was delighted to see the prompt response of Mayor Susan Fennell and other community leaders to the anti-immigration flyer. At the Ontario Human Rights Commission an important part of our work is helping communities deal with issues of tension and conflict. But we know that the most effective answer to people who would try to create division between us is to unite in opposing such efforts. Speaking out strongly in favour of respect and inclusion helps make us all stronger. Well done, Brampton!
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OHRC submission to the Office of the Independent Police Review Director’s systemic review of OPP practices for DNA sampling
April 2014 - The Ontario Human Rights Commission (OHRC) is troubled by allegations that the Ontario Provincial Police (OPP) engaged in racial profiling when requesting DNA samples from approximately 100 “Indo and Afro-Caribbean” male migrant workers near Vienna, Ontario as part of a sexual assault investigation in October and November 2013.
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Deputation to Toronto Police Services Board re: community contacts policy - April 24, 2014
We thank the Toronto Police Services Board (TPSB) for listening to concerns raised by the Ontario Human Rights Commission (OHRC) and other advocacy and community groups in previous deputations. In particular, we acknowledge that the TPSB has set out a definition of public safety as well as disciplinary measures in the event that the policy is breached.
However, we have concerns about the policy as drafted, including those described below.
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Human Rights 101 Part C - The Ontario Human Rights System
Welcome to Human Rights 101
Human Rights 101 Part A - About Human Rights
Competing human rights
Overview of the Policy and framework for addressing competing rights.
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Q&A on the duty to accommodate
Accommodation rights and responsibilities under the Ontario Human Rights Code.
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Gender identity and gender expression (brochure)
April 2014 - People who are transgender, or gender non-conforming, come from all walks of life. Yet they are one of the most disadvantaged groups in society. Trans people routinely experience discrimination, harassment and even violence because their gender identity or gender expression is different from their birth-assigned sex. Under the Ontario Human Rights Code (the Code) people are protected from discrimination and harassment because of gender identity and gender expression in employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations.
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