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Disability

The Code protects people from discrimination and harassment because of past, present and perceived disabilities.  “Disability” covers a broad range and degree of conditions, some visible and some not visible. A disability may have been present from birth, caused by an accident, or developed over time.

There are physical, mental and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, mental health disabilities and addictions, environmental sensitivities, and other conditions. 

Relevant policies: 

  1. Consultation paper: Education and disability - Human Rights issues in Ontario's education system

    2006 - Education is central to the life of an individual in the community. It provides opportunities for personal, social, and academic growth and development. It sets the stage for later life experiences, most especially in employment. It is also an important venue for integration into the life of the community.

  2. Backgrounder - Restaurant accessibility and the Ontario Building Code

    July 2006 - The Ontario Human Rights Code creates a right to barrier-free restaurants, shops, hotels, movie theatres and other public places, and obliges businesses operating in Ontario to make their facilities accessible. A failure to provide equal access to a facility or equal treatment in a service constitutes a violation of the Human Rights Code. The only available defence to such discrimination is showing that providing access or services would constitute undue hardship having regard to cost, outside sources of funding, or health and safety factors.

  3. Moving towards barrier-free services: Final report on the restaurant accessibility initiative

    July 2006 - For the past five years, the Ontario Human Rights Commission (“the OHRC”) has been working closely with the restaurant industry to improve accessibility for persons with disabilities, older individuals, and families with young children. This is the OHRC’s final public report on this initiative.
  4. Commission appeals advance human rights law (fact sheet)

    June 2006 - 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.

  5. Whether the para-transit services provided by public transit services in the cities of Toronto, Hamilton, London, and Windsor are special programs under the Ontario Human Rights Code

    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.

  6. Backgrounder - Commission settles complaints with the Dufferin-Peel Catholic District School Board

    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.

  7. Submission Of The Ontario Human Rights Commission to the Toronto District School Board Safe And Compassionate Schools Task Force

    April 2004 - The Commission is pleased to have the opportunity to make this public submission to the Toronto District School Board’s Safe and Compassionate Schools Task Force. The Commission makes this submission in accordance with its previously stated intent to examine the concern that the Safe Schools Act and related school board policies are having a discriminatory effect on racialized students and students with disabilities.

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