provides basic information about disabilities and how disabilities are treated in
law. Because the concept of disability and relevant laws evolve over time, the
chapter will always be a work in progress. ARCH welcomes comments and
questions regarding the provision of legal services to clients with disabilities.
Chapter Three, entitled Human Rights and Disability Law: A Primer, outlines the
particular importance of human rights law for persons with disabilities, whether in
applications to the Human Rights Tribunal or in human rights arguments in
support of other administrative law claims. This chapter focuses primarily on
Ontario’s provincial human rights statute but provides an important lens through
which to examine and analyze other areas of law addressed in this Primer. The
chapter aims to provide an introduction to Ontario human rights law and offers a
starting point for legal practitioners to conduct their own research into the specific
issues facing their individual clients.
Chapter Four, Capacity to Instruct Counsel: Promoting, Respecting and
Asserting Decision-Making Authority, covers intrinsic aspects of the solicitor-
client relationship. The chapter focuses on addressing the needs of clients
whose capacity may be in issue, regardless of the legal issue for which they seek
assistance. The chapter covers professional responsibilities, how to determine
whether a client is capable to instruct counsel and includes advice on how to
accommodate a client if capacity issues arise.
The law with respect to substitute decision making touches on the lives of many
persons with disabilities. This is the focus of Chapter Five, Protecting the Rights
of Persons Subject to a Substitute Decision Maker. This chapter deals with
situations where capacity is at the core of the legal issues for which a client is
seeking assistance. The issues include defending, protecting or restoring a
client’s ability to make decisions after they have been declared incapable or,
resolving disputes related to the actions of a substitute decision maker. The
chapter outlines the various issues persons may face and suggests options to