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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. Cole v Ontario (Health and Long-Term Care) : Challenging the funding limits to live in community settings

    Background

    The applicant, Ian Cole, is a middle-aged man with a severe intellectual disability who lives in the community. To live in the community, Mr. Cole depends on the receipt of nursing services. The primary source of funding for the nursing services is his local Community Care Access Centre (CCAC). The maximum funding for nursing services is set out in a regulation made under the Home Care and Community Services Act, 1994.  At the time the application was filed, funding was available for nursing services to a maximum of four visits per day.

  2. Comment of the Ontario Human Rights Commission on Every Door is the Right Door: Towards a 10-Year Mental Health and Addictions Strategy - Ministry of Health and Long-Term Care

    August 2009 - The Ontario Human Rights Commission, (the “Commission”) commends the Ministry of Health and Long-Term Care (“Ministry”) for its work on an improved strategy to meet the needs of Ontarians with mental illnesses and addictions. The Commission is pleased to provide its input on this discussion paper, particularly with respect to the sections on Stigma and Healthy Communities.
  3. 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.

  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. Commission initiates complaints against the Ministry of Health and West Park Healthcare Centre over restrictive access to assistive devices

    March 29, 2001

    Toronto - Following a promise made last week to be more proactive when it comes to issues faced by persons with disabilities, the Ontario Human Rights Commission today initiated complaints against the Ministry of Health and Long Term Care and its contractor, West Park Healthcare Centre. The complaints cite allegations that the Ministry of Health is acting in breach of the Human Rights Code by funding a program that uses discriminatory age-based eligibility criteria in providing assistive devices.

  6. Commission launches report calling for collective housing strategy

    July 8, 2008

    Toronto - Chief Commissioner Barbara Hall and the Ontario Human Rights Commission today launched “Right at home: Report on the consultation on human rights and rental housing in Ontario.” This report, which follows a year of public sessions, meetings and submissions involving hundreds of individuals and organizations across the province, focuses on housing as a human right, and sets out a framework for collective action to identify, remove and prevent discrimination in rental housing.

  7. 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.

  8. Commission releases revised policies

    December 22, 2000

    Toronto - The Ontario Human Rights Commission today released two revised policies. The Commission's Policy on Drug and Alcohol Testing has been updated to reflect the Ontario Court of Appeal's recent decision in Entrop v. Imperial Oil Ltd., a human rights complaint involving the introduction of a workplace policy requiring employees in safety-sensitive positions to disclose a past or current substance abuse problem. In this case, although the problem had occurred eight years earlier and there had been no further incident of substance abuse, the employee was immediately reassigned to another position. The employee subsequently filed a human rights complaint alleging discrimination because of a handicap.

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