The purpose of the Canadian Human Rights Act is as follows:
to extend the laws in Canada to give effect, within the purview of matters
coming within the legislative authority of Parliament, to the principle that all
individuals should have an opportunity equal with other individuals to
make for themselves the lives that they are able and wish to have and to
have their needs accommodated, consistent with their duties and
obligations as members of society, without being hindered in or prevented
from doing so by discriminatory practices based on ... disability.^21The Canadian Human Rights Act must be interpreted in a way that ensures that the
purpose, as set out, is given effect. Notably, the purpose of the Act includes reference
to accommodation.
Disability is defined broadly in the Act to mean, “any previous or existing mental or
physical disability and includes disfigurement and previous or existing dependence on
alcohol or a drug”^22. The Act provides persons with disabilities the right to be free from
discriminatory practices, on the basis of disability, with respect to the following areas of
social interaction: goods, services, facilities or accommodation customarily available to
the public^23 ; commercial premises or residential accommodation^24 ; employment^25 ; and
employee organizations^26. The Act further provides that a person found to have
engaged in a discriminatory practice may be made subject to a remedial order.
As in the Human Rights Code, the Canadian Human Rights Act sets out a duty to
accommodate in section 15 which legislates exceptions to discriminatory practices. The
section allows a respondent to defend itself by establishing that, with respect to the
differential treatment of a person with a disability, there was a bona fide occupational
requirement or justification. In proving the merits of such a requirement or justification,
the respondent must establish that the needs of the person with the disability could not
(^21) Canadian Human Rights Act, RSC 1985, c H-6, s 2.
(^22) Ibid at s 25.
(^23) Ibid at s 5.
(^24) Ibid at s 6.
(^25) Ibid at ss 7, 8, 10 and 11. The Act protects against pre-employment and existing employment
discrimination. 26
Ibid at s 9.