Regarding Charter rights in particular, international human rights law may be “relevant
and persuasive sources of interpretation of the Charter’s provisions.”^55 In Health
Services & Support – Facilities Subsector Bargaining Assn. v. British Columbia,^56 the
Supreme Court referenced international law to assist in interpreting the scope of section
2(b) of the Charter. The Supreme Court relied upon three international conventions^57
which had been ratified by Canada, but not implemented through domestic legislation, to
determine that the right to engage in collective bargaining is part of the guarantee under
section 2(b) of the Charter to freedom of association.
Using provisions of the Convention on the Rights of Persons with Disabilities could
potentially strengthen and support legal arguments advanced for clients with disabilities
in Ontario. It remains to be seen how powerful a tool the Convention will be for lawyers to
use when representing clients with disabilities.
For more information on the CRPD please refer to Chapter 10 of this Disability Law
Primer, entitled, “Convention on the Rights of Persons with Disabilities”.
C. The Accessibility for Ontarians with Disabilities Act, 2005In 2005, the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”)^58 became
law. It applies to “...every person or organization in the public and private sectors of the
Province of Ontario, including the Legislative Assembly of Ontario”.^59 Its stated purpose
is to develop, implement and enforce standards for accessibility related to goods,
services, facilities, accommodation, employment, buildings, structures and premises in
Ontario. According to the statute, the goal of achieving accessibility is to be met by
2025.^60
55 Reference Re Public Service Employee Relations Act (Alta.) [1987] 1 S.C.R. 313 at para. 57.
56 [2007] 2 S.C.R. 391
57 The three conventions referenced were: the International Covenant on Economic, Social and Cultural
Rights, 993 U.N.T.S. 3, the International Covenant on Civil and Political Rights, 999 U.N.T.S. 171 and
ILO Convention No. 87, 68 U.N.T.S. 17
58 AODA, supra note 29.
59 Ibid. s. 4.
60 Ibid., s.1