Disability Law Primer (PDF) - ARCH Disability Law Centre

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individual. In situations of abuse, the individual may have to be removed from the
service provider. In both these situations, an individual could be dropped to the
bottom of the waiting list for future services even though the individual was not
given a choice in terminating services.


C. Human Rights Considerations


  1. Differential Treatment Because of Disability


In some situations, the infringement of a person’s rights by a service provider
could be framed as a breach of the Ontario Human Rights Code.


Although all plans of care are to be “person centred” under the Social Inclusion
Act, a person’s culture, religion, creed, sexual orientation etc. are often not
respected by the service provider.


Group homes and day programs rarely provide individuals with choice in food.
People are often given the same things to eat over and over again. People are
often also given foods to eat that do not conform with their religious or cultural
observances.


People who live in group homes or other residential facilities may be forced to
attend a religious institution of the Christian faith and are not provided with
support to attend a synagogue, mosque, temple, etc. In addition, people who are
provided residential supports may be forced to listen to bible readings, music,
radio and television programs with religious themes and the residence may only
recognize Christian holidays. ARCH is aware of situations where an individual
was not allowed to attend a ceremony to celebrate his culture as the residential
care provider deemed it to be too “unchristian” or “devil worshipping”.


ARCH has also been made aware of many situations in which persons who are
labelled with intellectual disabilities are barred from developing intimate or sexual

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