Different statutes and regulations define disability in different ways depending on their
purpose and intent. The Canadian Charter of Rights and Freedoms^27 (“Charter”) refers to
“mental disability” and “physical disability” in section 15, but these terms are not defined
in the Charter. The Criminal Code^28 also refers to “mental or physical disability” in several
sections, but once again these terms are not defined.
In some pieces of Ontario legislation, disability has been defined using a broad approach.
C. The Accessibility for Ontarians with Disabilities Act,
Ontario’s Human Rights Code^30 define disability as:
a) any degree of physical disability, infirmity, malformation or disfigurement that is
caused by bodily injury, birth defect or illness and, without limiting the
generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury,
any degree of paralysis, amputation, lack of physical co-ordination, blindness
or visual impediment, deafness or hearing impediment, muteness or speech
impediment, or physical reliance on a guide dog or other animal or on a
wheelchair or other remedial appliance or device,
b) a condition of mental impairment or a developmental disability,
c) a learning disability, or a dysfunction in one or more of the processes involved
in understanding or using symbols or spoken language,
d) a mental disorder, or
e) an injury or disability for which benefits were claimed or received under the
insurance plan established under the Workplace Safety and Insurance Act,
1997 ; (“handicap”)Under the Code and human rights jurisprudence the definition of disability includes
past, present and perceived conditions.
In general, statutes and regulations tend to emphasize different aspects of disability. For
example,
- human rights legislation typically defines disability very broadly, because the public
policy intent is to prohibit, comprehensively, all forms of discrimination on the basis
of disability, including perceived disability^31
27 Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to
the Canada Act 1982 (U.K.), 1982, c. 11.
28 R.S.C. 1985, c. C-46.
29 S.O. 2005, c. 11, s. 2 [AODA].
30 R.S.O. 1990, c. H.19, s. 10(1) [Human Rights Code].