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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. Human Rights Complaints settled against the Ministry of transportation, City of Hamilton and DARTS

    November 25, 2004

    Toronto - A settlement has been reached between two Complainants with disabilities, the Ministry of Transportation, the City of Hamilton, and the Disabled and Aged Regional Transit System(“DARTS”), a transit service for persons with disabilities provided by the City of Hamilton.

  2. Ontario Human Rights Commission takes further action to aid students with disabilities

    November 30, 2004

    Toronto - Following through on its commitment to help educational institutions, teachers, and parents better understand the duty to accommodate students with disabilities in Ontario’s schools, colleges and universities, Chief Commissioner Keith Norton announced the release of Guidelines on Accessible Education today.

  3. Human Rights Commission reaches accessibility settlement with Mattamy Homes

    February 14, 2005

    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.

  4. Commission to investigate application of safe schools legislation and policies

    July 8, 2005

    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.

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

    October 6, 2005

    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.

  6. Commission order reinforces rights of riders with disabilities to accessible public transit

    April 7, 2006

    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.

  7. Commission wins landmark decision finding Ontario Coroners Act discriminates against families of psychiatric patients

    May 26, 2006

    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.

  8. Commission appeals advance human rights law

    June 13, 2006

    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.

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