Disability Rights in Canada

Canadian Charter of Rights and Freedoms

Part of Canada's Constitution since 1982, the Charter is the supreme law of Canada and provides constitutional protection against discrimination.

Key Protection: Section 15 guarantees equality rights and equal protection under the law without discrimination based on physical or mental disability.

What This Means:

• Constitutional protection (highest level of legal protection)

• Applies to all levels of government (federal, provincial, territorial, municipal)

• Cannot be overridden by other laws

• Courts can strike down laws that violate Charter rights

Canadian Human Rights Act

Federal legislation enacted in 1977 that prohibits discrimination based on disability in areas under federal jurisdiction.

Protected Areas:

• Employment in federally regulated sectors (banking, telecommunications, transportation, federal government)

• Provision of goods and services by federal entities

• Housing provided by federal government or agencies

Key Protections:

• Right to equal treatment in employment

• Right to reasonable accommodation (up to undue hardship)

• Protection from harassment

• Right to accessible services

Filing Complaints: Individuals can file complaints with the Canadian Human Rights Commission, which investigates and may bring cases before the Canadian Human Rights Tribunal.

Important Note: This Act covers federally regulated sectors. For most employment, services, and housing, provincial human rights codes apply.

Accessible Canada Act (2019)

Landmark proactive legislation aimed at identifying, removing, and preventing barriers to accessibility in areas under federal jurisdiction.

Goal: Make Canada barrier-free by 2040.

Focus Areas:

1. Employment - Recruitment, retention, and advancement of persons with disabilities

2. Built Environment - Design and construction of public spaces

3. Information and Communication Technologies - Websites, apps, and digital services

4. Procurement of Goods and Services - Accessible purchasing practices

5. Design and Delivery of Programs and Services - Government programs

6. Transportation - Federal transportation systems (air, rail, marine, inter-provincial)

Key Features:

• Creates Accessibility Commissioner role

• Requires accessibility plans from federally regulated organizations

• Establishes feedback mechanisms

• Includes enforcement and penalties for non-compliance

Who It Applies To:

• Federal government departments and agencies

• Crown corporations

• Federally regulated private sector (banks, telecommunications, interprovincial transportation)

• Parliament

Provincial Human Rights Codes

Each province and territory has its own human rights legislation that prohibits discrimination based on disability within provincial jurisdiction.

What They Cover:

• Employment (most workplaces)

• Housing (rentals, purchases, condominiums)

• Services (restaurants, stores, schools, healthcare)

• Contracts and agreements

• Vocational associations and trade unions

Filing Complaints: Each province has a human rights commission or tribunal for discrimination complaints.

Provincial Education Acts

Education is provincial responsibility. Each province has its own special education legislation.

Common Elements:

• Right to free public education

• Right to identification and assessment

• Right to individualized planning

• Parental involvement

• Right to appeal decisions