cultural mores carry within them value assumptions that contribute to discrimination in
ways that are substantially or entirely hidden and unconscious.”^104
In Carasco v. University of Windsor the Tribunal found that individual applicants may
raise issues of systemic discrimination, noting that, “a person may feel that his or her
rights are infringed by operation of a policy or a long-standing pattern of practices rather
than an idiosyncratic set of actions or circumstances.”^105 One example of this kind of
systemic discrimination claim based on disability is Lepofsky v. Toronto Transit
Commission, a case in which the complainant alleged that the TTC had failed to
accommodate his vision disability. The Tribunal held that the TTC had a duty to
accommodate the complainant and, “similarly situated TTC patrons with disabilities.”^106
The Tribunal granted systemic remedies aimed at ensuring that the TTC would, in the
future, be more accessible to all people with vision disabilities.^107
Human rights claims alleging widespread, systemic discrimination within a particular
organization, government department, benefit program or employer play a significant
role in advancing the rights of people with disabilities. Such claims seek to subject
socially-constructed able-bodied barriers to human rights scrutiny.
Generally, it will be necessary to offer evidence that there is a pattern of discrimination
against a group of people with disabilities. The British Columbia Court of Appeal has
held that:
Establishing systemic discrimination depends on showing that practices,
attitudes, policies or procedures impact disproportionately on certain
statutorily protected groups... Whereas a systemic claim will require proof
of patterns, showing trends of discrimination against a group, an individual
claim will require proof of an instance or instances of discriminatory
conduct.^108(^104) PSAC v. Canada (Treasury Board) (1991), 14 C.H.R.R. D/341 atparas. 36-38.
(^105) Carasco v. University of Windsor, 2012 HRTO 195 (CanLII) at para.5.
(^106) Lepofsky v. Toronto Transit Commission, 2005 HRTO 20 at para. 4.
(^107) Lepofsky v. Toronto Transit Commission, 2007 HRTO 41 at para.12.
(^108) British Columbia v. Crockford, 2006 BCCA 360 (CanLII) at para. 49.