I. SCOPE OF CHAPTER
This chapter aims to provide an introduction to Ontario human rights law for lawyers,
paralegals and other advocates who represent or provide advice to persons with
disabilities in Ontario.^1 Human rights is a complex and rapidly evolving area of law.
This chapter highlights some of the key issues to consider, and offers a starting point for
legal practitioners to conduct their own research into the specific issues facing their
individual clients.
Ontario’s Human Rights Code (“Code”)is of particular importance for persons with
disabilities. “Disability” continues to be the leading ground of discrimination cited in
human rights applications in Ontario. According to statistics published by the Human
Rights Tribunal of Ontario, 54.4% of the human rights applications filed in 2011-2012
raised the ground of disability.^2
An understanding of human rights law as it relates to disability is important even for
lawyers and advocates who do not appear before the Human Rights Tribunal. In
Tranchemontagne v. Ontario (Director, Disability Support Program) the Supreme Court
of Canada confirmed that unless there is a statutory requirement to the contrary,
administrative tribunals and adjudicators must consider and apply human rights law
where an issue is properly before the tribunal and a litigant is advancing human rights
arguments.^3 People with disabilities often appear before administrative tribunals such
as the Social Benefits Tribunal, Landlord and Tenant Board, Workplace Safety and
Insurance Appeals Tribunal, Ontario Labour Relations Board, and other decision-
makers who must adjudicate human rights issues that arise in the context of matters
that are properly before them. Legal practitioners who advise and represent people with
(^1) A similar paper was prepared by Bill Holder for the 2003 Disability Law Primer, and was presented on
November 27, 2003 as part of a Continuing Legal Education Program entitled “A Disability Law Primer”,
sponsored by ARCH, Pro Bono Law Ontario, and the Law 2 Society of Upper Canada.
The Human Rights Tribunal of Ontario, “Fiscal Year 2011- 2012 – New Applications”, online: Human
Rights Tribunal of Ontario http://www.hrto.ca/hrto/?q=en/node/152. 3
Tranchemontagne v. Ontario (Director, Disability Support Program), 2006 SCC 14 (CanLII).