Medical evidence is, however, not the only way to establish that an applicant has a
disability. Many people with disabilities do not have a specific or official medical
diagnosis, and this is not a requirement under the Code. Evidence from persons who
provide services and supports to the applicant or family members may suffice to
demonstrate that the person has a disability for the purposes of the Code. Legal
practitioners should ensure that human rights applications clearly set out facts relevant
to establishing the existence of a disability.
VI. WHAT CONSTITUTES “SERVICES” UNDER THE CODE?
The Code prohibits discrimination and harassment in five enumerated social areas,
including:
- services, goods and facilities;^43
- housing;^44
- contracts;^45
- employment;^46 and
- membership in trade unions, trade or occupational associations or self-governing
professions.^47
Human rights protection is limited to the social areas set out in the Code.
Discriminatory acts between neighbours, for example, are not prohibited by the Code
because interaction between neighbours is not an enumerated social area.
The provision of goods, services and facilities is a social area that may be of particular
importance for people with disabilities. According to the Tribunal’s statistics, since 2009
a majority of claims filed with the Tribunal have raised the ground of disability.^48 In
(^43) Code, supra note 4 at s. 1.
(^44) Ibid. at ss. 2, 4.
(^45) Ibid. at s. 3.
(^46) Ibid. at s. 5.
(^47) Ibid. at s. 6.
(^48) In 2009/2010 52.2% of applications raised the ground of disability. In 2010/2011 this number was 53%,
in 2011/2012 it rose to 54/4%, and in 2012/2013 57% of applications raised the ground of disability. See