Disability

Toronto - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.

Toronto - A far reaching decision concerning the discriminatory treatment of psychiatric patients was issued by the Human Rights Tribunal on Tuesday, May 25, 2006. The complaints centred on the provisions of the Coroners Act, which make inquests mandatory when prisoners die in custody, but make inquests discretionary when involuntary psychiatric patients die when in a hospital or institution.

Toronto - The Ontario Human Rights Commission (the “Commission”) has initiated a complaint against Goldcorp Inc. (“Goldcorp”), alleging that sections of the company’s Drug and Alcohol Testing Policy violate the Ontario Human Rights Code (the “Code”).

Toronto - The Supreme Court of Canada released a far-reaching decision declaring that the Ontario Social Benefits Tribunal has the authority to decide whether a section of the Ontario Disability Support Program Act, 1997 (the “ODSPA”) breaches the Ontario Human Rights Code (the “Code”).

Toronto - The Ontario Human Rights Commission (the “Commission”) has made an order declaring that paratransit services in Toronto, Hamilton, Windsor and London, are not “special programs.” Rather, these services form part of the legal duty on transit providers under Ontario’s Human Rights Code (the “Code”) to accommodate riders with disabilities who cannot access conventional public transit.

2006 - Public transit in cities across Ontario is fundamental to the ability of many people to participate meaningfully in the life of their communities. Public transportation is used to access employment, education, public and social services and community activities. Equal access by persons with disabilities to public transportation is a right protected under the Ontario Human Rights Code (“Code”). Equal access to transit services in not a reality for many citizens of the Province and despite its importance in our daily lives, barriers to public transit services remain.

October 2005 - The Dufferin-Peel Catholic District School Board (the “Board’) agrees that, when teachers or school administrators are alleged to have made inappropriate remark(s) toward a student regarding that student's race, colour, ethnic origin, place of origin, creed, or disability, or other grounds as protected by the Ontario Human Rights Code , or to have purposefully failed to appropriately accommodate the needs of disabled students, the Board shall investigate the allegations and implement measures, where appropriate, to ensure accountability. Such measures shall include, in appropriate circumstances, discipline up to and including termination.

Toronto - The Ontario Human Rights Commission has mediated a positive settlement with the Dufferin-Peel Catholic District School Board. The four complaints arose from concerns that the application of school discipline policies was having a discriminatory impact on students from racialized communities and students with disabilities.

Toronto - The Ontario Human Rights Commission (the “Commission”) has initiated a complaint against the Ministry of Education (the “Ministry”) and the Toronto District School Board (the “TDSB”) alleging that the application of the Safe Schools Act and related school discipline policies is having a disproportional impact on racialized students and students with disabilities.

Toronto - The home buyer, who uses a wheelchair, was purchasing a new home from the builder, but required a number of alterations to the standard design in order to make the premises accessible. There was an issue as to whether the builder’s policies and procedures appropriately considered accessibility changes upfront either in the contract of purchase and sale, or in the floor plan drawings. This would mean that a home buyer would have to first purchase the standard home, and then meet with a design consultant to discuss potential alterations, with no assurances that the home could be made accessible. The complaint was neither investigated nor referred to the Ontario Human Rights Tribunal for a hearing. Rather, Mattamy Homes decided to resolve the issue in a direct and positive manner.