relationships. People labelled with intellectual disabilities are often thought of as
“less than human” so they are presumed not to have the ability to develop
intimate relationships. Many people who work with people with intellectual
disabilities hold stereotypical views that people with intellectual disabilities do not
have the mental capacity to consent to a sexual act. As a result, people with
intellectual disabilities are barred from sexual activity and isolated from those
with whom they may have developed an intimate relationship.
People who are gay, lesbian or bi-sexual who also have been labelled with an
intellectual disability will often be forced to suppress their sexuality. This forced
suppression may be based on stereotypical views that a person with an
intellectual disability could not truly understand his or her sexual orientation. As
well, those who work with people labelled with intellectual disabilities may believe
that the individual needs to be protected from possible harm or ridicule that may
result if he or she is allowed to exhibit his or her sexual identity.
In such situations, the loss of choice and freedom could be framed as a breach of
a person’s rights under the Human Rights Code. The individual is being
subjected to differential treatment because of his or her disability and that
differential treatment is causing disadvantage.
The Human Rights Legal Support Centre brought a human rights application
against a municipality on behalf of group home residents and the owners of the
home. The town had denied the owners the zoning compliance they needed to
legally provide a supportive residence for people labelled with intellectual
disabilities in a residential neighbourhood. The residents were being denied the
right to live in an area of town of their choice. The discrimination claim was
eventually settled. The following are news bulletins about the application to the
Human Rights Tribunal (HRTO):
http://www.newswire.ca/en/story/1017781/town-egged-on-neighbours-taunting-
people-with-developmental-disabilities