If the disputes involve allegations of discrimination, then an application to the
Human Rights Tribunal of Ontario (HRTO) may be appropriate. Education
service providers have an obligation to provide services in a manner free from
discrimination and to provide the most appropriate accommodations to students
with disabilities short of undue hardship.
The most appropriate accommodation is one that most respects the
dignity of the student with a disability, meets individual needs, best
promotes inclusion and full participation, and maximizes
confidentiality.
An accommodation will be considered appropriate if it will result in
equal opportunity to attain the same level of performance, or to enjoy
the same level of benefits and privileges enjoyed by others, or if it is
proposed or adopted for the purpose of achieving equal opportunity,
and meets the student’s disability-related needs.
The aim of accommodation is the inclusion and full participation of
students with disabilities in educational life. Education providers must
make efforts to build or adapt educational services to accommodate
students with disabilities in a way that promotes their full
participation. Barriers must be prevented or removed so that students
with disabilities are provided with equal opportunities to access and
benefit from their environment and face the same duties and
requirements as everyone else, with dignity and without
impediment.^121Within a statutory human rights context, an applicant must demonstrate that a
claim alleging discrimination is based on a protected ground, such as
disability.^122 Disability is a defined term in the Code;^123 its definition is
comprehensive and interpreted in a broad and purposive manner espousing a
social model of disability.^124 Thus, regardless of whether exceptionality has been
(^121) OHRC Guidelines, supra note 119 at 21.
(^122) A.J.J.v Toronto District School Board, 2013 HRTO 1189 at paras 20-23.
(^123) Code, supra note 4, s 10(1).
(^124) See Québec (Commission des droits de la personne et des droits de la jeunesses) v Montréal
(City) [2000] 1 SCR 665 [Mercier]. For a recent analysis of disability within the education and
human rights context, see HRTO decision J.L. v York Region District School Board, 2013 HRTO
- See also Chapter 3 on “Human Rights and Disability Law” in this Disability Law Primer.