Disability Law Primer (PDF) - ARCH Disability Law Centre
The Tribunal’s mandate is to resolve claims of discrimination and harassment that fall within the jurisdiction of the Code, in a ...
The provisions of the Code empower the Commission to advance claims of systemic discrimination in several ways, including: init ...
V. WHAT CONSTITUTES “DISABILITY” UNDER THE CODE? A prerequisite for a claim of discrimination is that the applicant must establi ...
entitled to seek protection on the ground of “disability.” Writing for a unanimous Court, Madame Justice L’Heureux-Dubé supporte ...
disability in that a person may have no functional limitations other than those created by prejudice, stigma and stereotype.^39 ...
Medical evidence is, however, not the only way to establish that an applicant has a disability. Many people with disabilities do ...
2012/13, 21% of applications were filed based on the social area of goods, services and facilities.^49 This was second only to t ...
“Services” has been found to include education services.^62 This includes primary and secondary education services, as well as p ...
The provision of publicly funded benefit programs, services and supports to people with disabilities has also been found to cons ...
termination of services due to the applicant’s disability. With the exception of the latter, the Tribunal dismissed all these al ...
VII. WHAT DISCRIMINATION DOES THE CODE PROHIBIT? A. Direct and Adverse Effect Discrimination The Code provides that all “persons ...
a principal of an elementary school may refuse appropriate accommodations to a student with autism; and an administrative tribu ...
Appeal for Ontario confirmed that the unified test applies in Ontario.^78 See the section entitled “Proving Prima Facie Discrimi ...
whether the accommodation is appropriate and whether it would result in undue hardship to the person responsible for providing i ...
The Tribunal has ruled that short of undue hardship, the highest point in the continuum of accommodation should be provided.^82 ...
Rights Tribunal found that, “(w)here the Respondent is not aware of the disabilities, and no accommodation is requested, the dut ...
disability. The employer may be considered to have received constructive notice of the need for accommodation, and will be under ...
The duty to accommodate persons with disabilities means accommodation must be provided in a manner that most respects the dignit ...
For an action to be found to constitute harassment there must be some disparaging or belittling element. In Cohen v. Manufacture ...
Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing. The ...
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