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School boards in Ontario are under a legal obligation to adopt and revise policies, guidelines and procedures in accordance with the Safe Schools Act and Regulations and the Ontario Schools Code of Conduct.[69] The Toronto District School Board (TDSB), for example, has adopted or revised, among other things, a Code of Conduct and an Appropriate Dress Policy,

The principle of “zero tolerance” is to some extent self-explanatory, but there is no universally accepted definition.

Section 2 of the Code protects older persons against discrimination in housing. This right applies to renting, being evicted, building rules and regulations, repairs and use of services and facilities. Housing includes a range of accommodation options including rental accommodation, condominiums, retirement homes and care facilities. There can be some overlap between housing and services, for example seniors’ residences in which services such as housekeeping, meals or medical assistance are provided.

This Report is based on the many and varying viewpoints presented to the OHRC in the course of its public consultation on accessible public transportation in Ontario. As well, in the summer of 2001, the OHRC updated its 1999 transit survey, gathering current information on the status of conventional transit and paratransit systems, as well as planned initiatives to increase accessibility.

The dominant theme in the submissions received by the OHRC was the magnitude of the impact of access to transit services on the lives of Ontarians. Public transportation – or the lack of it – touches the lives of thousands of Ontarians in profound ways. Being able to use transit can make the difference in access to work or education. It also has major consequences for those who need to get to health care and other essential government services. For many, it makes the difference between isolation and loneliness, and full participation in the life of their communities.

Background As part of the preparation of this Consultation Report, in the summer of 2001, the OHRC updated the results of the transit survey that was conducted in the summer of 1999. The OHRC contacted 25 transit service providers, including all those who responded to the 1999 survey, as well as the 6 transit service providers who did not respond in 1999. It should be noted here that, since several municipalities have undergone amalgamation since 1999, some transit service providers have also amalgamated, and in some cases there have been changes to services as a result.

Without adequate and affordable transportation, a senior loses her independence, does not have the means to participate in activities outside her home, loses the chance to participate in social activities, and can actually take transportation means that are unsafe, or suffer isolation. - Ontario Society (Coalition) of Senior Citizens’ Organizations

The establishment of truly accessible public transit and paratransit systems will enhance the opportunity for people with disabilities to participate fully in their communities. Lack of accessibility in public transit systems creates barriers for people who are disabled that do not exist for the able-bodied population. While able-bodied people have the right to decide at the last minute to participate in a community activity or be on-call for work, this option does not exist for people who are disabled who must rely on paratransit as it currently exists.

The financial realities for transit in Ontario have become increasingly harsh during the last decade, even as transit has struggled to fulfil not only its traditional economic and social roles, but also its newly recognized mission to help protect the environment.

Ontario has no technical or service benchmarks aimed at creating standards for accessibility. The lack of standards makes it difficult for people to know what is required. -Centre for Independent Living in Toronto

The transit industry is committed to making its services fully accessible to persons with disabilities by continuing and, if possible, accelerating the process of transforming our fleets, facilities and employee skills. The key factor that will determine the pace of this transformation is the extent to which all levels of government recognize and act on their shared responsibility to work in partnership with us. -Canadian Urban Transit Association/Ontario Community Transit Association

As indicated throughout this Report, improving the accessibility of transit services is a complex endeavour, requiring the combined efforts of a number of parties. Set out below are the recommendations of the OHRC for moving towards more accessible transit services.

Advocacy Resource Centre for the Handicapped Canadian National Institute for the Blind, Ontario Division Canadian Red Cross, Ontario Zone Canadian Pensioners Concerned, Ontario Division Canadian Urban Transit Association Centre for Independent Living in Toronto Cochrane District Community Care Access Centre Community Care Peterborough Environmental Illness Society of Canada GO Transit Kidney Foundation of Canada, Greater Toronto Area Renal Social Workers’ Group Kingston Access Services Kingston Transit

The issue of accessible education for persons with disabilities has generated much attention in recent years. When the Ontario Human Rights Commission (the “Commission”) conducted its 1999 consultation on disability and the duty to accommodate, as part of the development of its Policy and Guidelines on Disability and the Duty to Accommodate, it heard many concerns from consultees specifically relating to the education system.

“Elder abuse and neglect should be identified as abuses of human rights.” (Canada’s Association for the Fifty-Plus (CARP))

The Commission heard that elder care is a growing need, and largely provided in the community by family members. As well, the gendered nature of elder care and the disproportionate burden that women face in caring for aging relatives was noted. Consultees described the stress caused by caring for older persons and the need for efforts to address caregiver stress.

The content of this report confirms that the current approach to human rights issues facing older persons in Ontario is unsustainable. Older persons in this province continue to face a wide variety of barriers that pose a serious affront to their human dignity and to their independence, security, full participation, and fairness. The issues identified in this Report raise significant human rights concerns to which the Commission and broader society must respond.

THAT the five principles contained in the National Framework on Aging be integrated in policies and programs of public and private sector organizations. THAT all levels of government evaluate laws, policies and programs to ensure that they do not contain age-based assumptions and stereotypes and that they reflect the needs of older persons. THAT the Ministry of Education, school boards and schools develop programs and activities that will encourage a better understanding and a more positive perception of older persons.

The Commission will develop a public policy statement on age discrimination in 2001/2002. The Commission will develop and implement a broad public awareness campaign that addresses ageism and age discrimination. The Commission will engage in public awareness activities to educate employers and employees about their rights and responsibilities under the Code, to dispel the myths that are often associated with older workers and to encourage employers to view older workers positively. The Commission will develop a discussion paper on housing and human right

Advocacy Centre for the Elderly AIDS Committee of Toronto Alzheimer Society of Ontario ARCH (Advocacy Resource Centre for the Handicapped) Award Personnel C.A.R.P. (Canada’s Association for the Fifty-Plus) Canada Mortgage and Housing Corporation Canadian Centre for Activity and Aging Canadian Hearing Society (London) Canadian Hearing Society (Toronto) Canadian Hearing Society (Ottawa) Canadian Hearing Society (Sudbury) Canadian Manufacturers and Exporters (Ontario Division)

Key International Instruments The Universal Declaration of Human Rights[18], adopted by the United Nations General Assembly in December 1948, proclaimed the inviolability of social and economic rights.

The ICESCR does not stipulate the specific means by which it is to be implemented and the precise method by which Covenant rights are to be given effect in national law is a matter for each State party to decide.

The Concept of “Social Condition” The addition of “social condition” to human rights legislation has been proposed as one option for addressing economic inequality in Canada.[156] As well, it is a possible response to the ICESCR Committee’s recommendation that social and economic rights be expressly incorporated into federal and provincial human rights legislation.

As part of its mandate under Section 29 of the Ontario Human Rights Code (the “Code”) to promote awareness, understanding and advancement of human rights, the Ontario Human Rights Commission released a Discussion Paper in 1999 for the purpose of consultation in order to examine human rights issues in insurance. The Discussion Paper provides a review of insurance-related legislative authority, provisions of the Code and issues of discrimination in insurance.

The Canadian Life & Health Insurance Association (CLHIA) represents much of the life and disability insurance industry in Canada. CLHIA states that it has always believed that it is important to clarify the implications of human rights legislation for insurance practices and to create awareness of these issues.