form the basis for an application to the Human Rights Tribunal of Ontario. In the human
rights context, the client would have to demonstrate that the service provider
discriminated against him/her and the employer or union would have to prove undue
hardship to justify refusing to provide an attendant of the gender of the client’s choice.
- Cultural Background of Attendants
When developing, evaluating and revising a person’s plan of service, CCACs are
supposed to take into account the person’s, including preferences based on ethnic,
spiritual, linguistic, familial or cultural factors.^34 In most cases, if no attendant of the
desired background is available, the client has the choice of accepting service from
attendants of other backgrounds or refusing service. If the client can link their request to
a clear cultural or religious observance or practice, it could be argued that service
providers have an obligation to respect and accommodate that client’s cultural
observances and provide service as requested. For instance, a Muslim woman should
not be forced to accept services of an intimate nature from a male. To force her to
make a choice between her cultural observances and receiving vital services would be
to discriminate against her on the basis of race, ethnic origin, creed, and/or gender. In
such a situation, an application could be brought before the Human Rights Tribunal of
Ontario.
- Scheduling of Services
The CCAC will generally accommodate services to meet work or school schedules,
such as ensuring that a person receives services early enough to allow them to get to
work for 9:00 am. CCAC will usually make efforts to co-ordinate service times with
medical or other appointments, as long as notice is provided. It is more difficult to
ensure services at specific times for people who do not have particular scheduling
http://www.ohrc.on.ca/sites/default/files/policy%20on%20competing%20human%20rights_accessible_2.p
df 34
See section 22(6) of the Home Care and Community Services Act, 1994, S.O. 1994, c. 26.