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Accessible transit services are a key factor in assisting people to participate fully in the community – getting out and about, getting to work, conducting business, reaching health care, participating in events, being with friends and combating loneliness and isolation. -Canadian Pensioners Concerned

Section 30 of the Ontario Human Rights Code (Code) authorizes the Ontario Human Rights Commission (OHRC) to prepare, approve and publish human rights policies to provide guidance on interpreting provisions of the Code.[*] The OHRC’s policies and guidelines set standards for how individuals, employers, service providers and policy-makers should act to ensure compliance with the Code.

Persons with disabilities, who have had disabilities, or who are perceived to have or have had disabilities are protected against discrimination in all of the social areas of the Code.

Section 5(1) of the Code prohibits discrimination in employment on several grounds including "disability." The Code adopts an expansive definition of the term "disability" which encompasses physical, psychological and mental conditions. Severe substance abuse is classified as a form of substance dependence,[9] which has been recognized as a form of disability.

Although the Code distinguishes between direct and constructive discrimination,[12] the distinction is less important than it used to be, particularly in the area of disability. This is a result of the combined impact of two factors.

Drug and alcohol testing is prima facie discriminatory under Canadian human rights law. Employers can nevertheless justify discriminatory rules if they can meet a three-part test:[18]

Testing for alcohol or drug use is a form of medical examination. Therefore, an employer considering such testing should be guided by the three-part test cited above, by the OHRC's Policy on Employment-Related Medical Information [20] and by the Ontario Court of Appeal’s decision in the Entrop case. The following are the main principles that should be borne in mind:

On-the-job testing should be administered only where a link has been established between impairment and performance of job functions, such as in the case of employees who are in safety-sensitive positions. Once again, because drug tests do not actually measure impairment, random drug testing is an unjustifiable intrusion into the rights of employees. With respect to random alcohol testing, the use of breathalysers is a minimally intrusive yet highly accurate measure of both consumption and actual impairment.

Section 17(2) Section 17(2) provides that an employee shall not be found incapable of performing the essential duties of a job unless it would cause undue hardship to accommodate the individual employee's needs, taking into account the cost of the accommodation and health and safety concerns. Sections 17(1) and 17(2) provide a two-stage test for the validity of a workplace drug and alcohol testing policy.

Employment Section 5 (1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, family status or disability. Disability Section 10 (1) “Disability” means,

Please visit www.ontario.ca/humanrights for more information on the human rights system in Ontario. The Human Rights System can also be accessed by telephone at: Local: 416-326-9511 Toll Free: 1-800-387-9080 TTY (Local): 416-326 0603 TTY (Toll Free) 1-800-308-5561

Section 30 of the Ontario Human Rights Code (Code) authorizes the Ontario Human Rights Commission (OHRC) to prepare, approve and publish human rights policies to provide guidance on interpreting provisions of the Code.[*] The OHRC’s policies and guidelines set standards for how individuals, employers, service providers and policy-makers should act to ensure compliance with the Code.

2.1 The definition in the Human Rights Code Section 10 (1) of the Code defines “disability” as follows: “because of disability” means for the reason that the person has or has had, or is believed to have or have had,

Once a disability within the meaning of section 10 of the Code is established, the individual has the burden of showing a prima facie case of discrimination. Discrimination under the Code can be direct (refusal to grant a job or provide access to services or housing, for example, because of a disability), indirect, constructive (adverse effect) or based on society’s failure to accommodate actual differences.

4.1 General principles 4.1.1 Respect for dignity The duty to accommodate persons with disabilities means accommodation must be provided in a manner that most respects the dignity of the person, if to do so does not create undue hardship.[19] Dignity includes consideration of how accommodation is provided and the individual’s own participation in the process.

The Code sets out only three considerations. This means that no other considerations, other than those that can be brought into those three standards, can be properly considered under Ontario law. There have been cases that have included such other factors as employee morale or conflict with a collective agreement. However, the Ontario legislature has seen fit to enact a higher standard by specifically limiting undue hardship to three particular components.

Please visit www.ontario.ca/humanrights for more information on the human rights system in Ontario. The Human Rights System can also be accessed by telephone at: Local: 416-326-9511 Toll Free: 1-800-387-9080 TTY (Local): 416-326 0603 TTY (Toll Free) 1-800-308-5561

Section 30 of the Ontario Human Rights Code (Code) authorizes the Ontario Human Rights Commission (OHRC) to prepare, approve and publish human rights policies to provide guidance on interpreting provisions of the Code.[∗] The OHRC’s policies and guidelines set standards for how individuals, employers, service providers and policy-makers should act to ensure compliance with the Code.

1. Introduction The Code states that it is public policy in Ontario to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination. The provisions of the Code are aimed at creating a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of the community and feels able to contribute to the community.

4. Discrimination based on sexual orientation The Code provides that every person has the right to be treated equally without discrimination because of sexual orientation. The purpose of anti-discrimination laws is to prevent the violation of human dignity and freedom through the imposition of disadvantage, stereotyping or political or social prejudice.

Please visit www.ontario.ca/humanrights for more information on the human rights system in Ontario. The Human Rights System can also be accessed by telephone at: Local: (416) 326-9511 Toll Free: 1-800-387-9080 TTY (Local): (416)-326 0603 1

Opening Session (9:00 a.m. to 9:30 a.m.) - Session Objectives, Welcoming Remarks and Participant Introductions Session Overview Rémy Beauregard, Executive Director, Ontario Human Rights Commission Welcoming Remarks Keith Norton, Chief Commissioner, Ontario Human Rights Commission Yves Lafontaine, Chairman of the Board, Canadian Human Rights Foundation Participant Introductions Participants will introduce themselves

Rémy Beauregard Executive Director Ontario Human Rights Commission Pierre Bossett Director of Research & Planning Commission des droits de la personne et des droits de la jeunesse Brian Burdekin AO Special Adviser on National Institutions Office of the High Commissioner for Human Rights The Revd Fr. William G. Cliff Commissioner Ontario Human Rights Commission

“...in a world of entitlements, we need to ask ourselves what we, as Ontario citizens, should expect to receive when we become older [and] what our older citizens should be receiving now.” (Chatham-Kent Community Care Access Centre)

This Report is intended to be a broad examination of all issues that may have an impact on the dignity and worth of older adults and that may affect the enjoyment of equal rights and opportunities.