Competing human rights under the Ontario Human Rights Code.
International, federal and provincial human rights legislation prohibit discrimination against persons with mental health disabilities. In Ontario, human rights protections for people with mental health disabilities and addictions are grounded in the Ontario Human Rights Code. People with mental health issues are covered under the ground of “disability” in the Code.
1. Status and purpose of the Code
Today, the Court of Appeal for Ontario unanimously held that administrative segregation of any prisoner for more than 15 days is cruel and unusual treatment, contrary to s. 12 of the Charter of Rights and Freedoms.
This section of the paper surveys the balancing tools found in the Code and relevant case law. Documents such as Commission briefing notes and Policy Papers provide invaluable commentary on these tools and their insights are woven into the following discussion. The goal of this section is to identify the resources for balancing conflicting rights that will be utilized in the scenarios discussed in Section IV.
Today, the Ontario Human Rights Commission (OHRC) launched Right to Read, a public inquiry into human rights issues that affect students with reading disabilities in Ontario’s public education system.
Adequate housing is essential to one’s sense of dignity, safety, inclusion and ability to contribute to the fabric of our neighbourhoods and societies. As the Commission heard in this consultation, without appropriate housing it is often not possible to get and keep employment, to recover from mental illness or other disabilities, to integrate into the community, to escape physical or emotional violence or to keep custody of children.