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Every diagnosis that you have creates another level of discrimination or barrier. – Toronto roundtable participant  People may be discriminated against based on a combination of mental health and other types of disabilities. We heard that people with both mental health issues and addictions are often looked down upon. Some said that because of a mental health issue, their physical disability will not be taken as seriously.[57]

A significant theme in the consultation was how a person’s identity, based on mental health or addictions, intersects with other Code-related aspects of identity (such as race, sex or age), which can be the basis for unique or distinct forms of discrimination. People told us it was much harder to get a job, housing, or services because of discrimination based on two or more Code grounds.

Many individuals and organizations talked about people’s experiences with poverty. Poverty is a significant concern for people across Ontario with psychosocial disabilities. Unemployment, underemployment, discrimination and the lack of affordable housing for people with psychosocial disabilities were identified as major factors contributing to poverty.

People are very judgmental and refer to you as “lazy” and “crazy.''' People think we “lack motivation," "if only we'd try harder" or "snap out of" our depression. - People Advocating for Change through Empowerment (PACE)

We heard that many people with psychosocial disabilities are unaware of their human rights. Some people identified experiences that extended beyond the right to be free from discrimination.  Because of this, it is important to understand how people’s experiences relate to human rights protected under domestic and international human rights documents.

Language is an indicator of the current social and political climate for people with disabilities. We heard that terminology can perpetuate inequality or promote acceptance and inclusion. ARCH Disability Law Centre (ARCH) told us, “beyond reflecting particular ideologies, language can transform how we conceptualize mental health.”

In defining our scope, we relied on a broad concept of disability, which reflects the Code and a social and human rights approach to disability. The human rights approach aims to achieve equality and inclusion for persons with disabilities by removing barriers and creating a climate of respect and understanding.[8] The social approach is supported by case law and is reflected in the Convention on the Rights of Persons with Disabilities (CRPD).

In 2009, to establish a plan to address systemic discrimination based on mental health, the OHRC developed and released a consultation paper, received written submissions and conducted in-depth interviews. This feedback led the OHRC to hold a consultation to develop a policy on human rights and mental health. The policy consultation took place over several months in 2010 and 2011. It included interviews, focus groups, round-table sessions (in Toronto, Windsor, Ottawa and North Bay), a call for written submissions and an online and mail-in survey.

The courts have long recognized the historical oppression of people experiencing mental illness or mental health disabilities.[1] In the Supreme Court of Canada case, R. v. Swain, Chief Justice Lamer wrote: The mentally ill have historically been the subjects of abuse, neglect and discrimination in our society.  The stigma of mental illness can be very damaging.  The intervener, [Canadian Disability Rights Council], describes the historical treatment of the mentally ill as follows:

In Canada and internationally, we have seen major advancements in human rights protection for people with disabilities. But in our consultation on human rights, mental health and addictions in Ontario, we heard a different story. This report documents feedback from participants on how people may experience barriers such as direct discrimination, harassment, lack of accommodation, or systemic discrimination that may violate their rights under the Code. It will also show that many factors in society create the conditions for discrimination.

September 2012 - Minds that Matter reports the findings from the Ontario Human Rights Commission’s (OHRC) province-wide consultation on the human rights issues experienced by people with mental health disabilities or addictions. It provides a summary of what we heard from more than 1,500 individuals and organizations across Ontario and sets out a number of key recommendations and OHRC commitments.

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”).

July 25, 2012 - We are pleased to note that a key objective of the consultation is to develop revised criteria that are in accordance with the Human Rights Tribunal of Ontario’s decision dated April 11, 2012 in XY v. Ontario (Government and Consumer Services). We trust that this submission is of assistance in your development of revised criteria. We address the questions set out in your Consultation Document, and make additional observations.

Toronto - The Ontario Human Rights Commission today released its 2011-2012 Annual Report.

Celebrating International Human Rights Day, circa 1962 While we deplore and condemn violations of human rights elsewhere in the world and stand aghast before such ugly manifestations as the Berlin Wall, we must never cease to concern ourselves with those walls of prejudice which still exist in our own community – and sometimes in our own minds – and which deny our fellow citizens that justice and equality of opportunity which is their inalienable right. Justice, like charity, should begin at home.

By A. Alan Borovoy On such occasions, comparisons between then and now are irresistible. In this case, the comparisons are also monumental. Little more than two decades before 1962, a boatload of Jews fleeing European Nazism was unceremoniously denied admission to Canada. The incident produced little public reaction. In the 1970s, boatloads of Vietnamese fleeing Asian Communism were not only allowed to come here, but in many cases, also subsidized to do so.

We live in an increasingly diverse and complex society in which all citizens enjoy a variety of rights, freedoms and corresponding obligations. It is inevitable that conflicts between rights will arise.

  In February 2012, the OHRC launched the Living Rights Project, a web-based living library that puts real people into the human rights discussion. The project was created to celebrate the 50th anniversary of Ontario’s Human Rights Code, and to be an ongoing resource for all Ontarians. Several schools, including Parkdale and Cedarbrae Collegiates in Toronto, are involved as program partners.

In late 2010 and 2011, the OHRC embarked on the largest public consultation in our history, to hear directly from people with mental health or addiction disabilities. We wanted to learn:

On June 15, 2012, Ontarians have something important to celebrate, as we mark the 50th anniversary of Ontario’s Human Rights Code. This was the first such Code in Canada, and from the very beginning positioned Ontario to be a leader in protecting, promoting and advancing human rights.

The Canadian Association of Statutory Human Rights Agencies (CASHRA) is calling on all levels of government across Canada to implement the UN Declaration on the Rights of Indigenous Peoples.

  Student journalist speaks out on rental bylaws Now, we’re starting to see the Commission provide a check and balance against the ways municipalities have traditionally dealt with boarding houses, residential care facilities, and rental bylaws. … Rental bylaws, like the one that was recently passed in Waterloo, have serious impacts for us students. Now, specifically targeting students in a bylaw is illegal. …

    2011-2012 Printed Estimates Revised Budget March 31, 2012 2011-2012 Total Expenditures

The OHRC intervened at the Federal Court in Seeley v. CN, a judicial review of a decision of the Canadian Human Rights Tribunal. The Tribunal had found that CN discriminated against Ms. Seeley by requiring her to relocate without considering her obligations as a parent. The Court has not yet released its decision.

When a new issue arises, we often hear about it first in the media. And the media is often the best venue for commenting on an issue to a wide audience. Throughout the past year, we continued to use media interviews, releases and advisories, and letters to the editor to respond to issues, correct inaccuracies and educate new audiences about human rights. Some of the issues where we received significant media coverage in the past year included: