Every person in Ontario has guaranteed human rights under their Provincial Human Rights legislation. In Ontario it is called the Ontario Human Rights Code. Generally speaking the Human Rights Code is the preferred law, which means in Court this law has preference over others laws, unless it specifically states otherwise.
Protecting Human Rights in Ontario:
There are three government bodies that work together to promote and ensure everyone in Ontario is treated fairly with their human rights.
The commission makes recommendations on laws and policies, conducts public inquires and intervenes in cases at the Tribunal level when needed.
The Tribunal is where a person would bring a complaint of human rights and where it is decided. The tribunal is part of Ontario's Social Justice Tribunal system.
The support centre is where people can go to receive legal assistance to file the their human rights complaint with the Human Rights Tribunal of Ontario.
What is a disability?
Probably one of the most important questions is what is a disability and hw is it defined under the law?
According to The Ontario Human Rights Commission they state the following in regards to what is defined as a disability: "The Code[Ontario Human Rights Code] protects people from discrimination and harassment because of past, present and perceived disabilities. “Disability” covers a broad range and degree of conditions, some visible and some not visible. A disability may have been present from birth, caused by an accident, or developed over time.
There are physical, mental and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, mental health disabilities and addictions, environmental sensitivities, and other conditions."
It should also be noted for the purposes of accommodation also under the code, a person has a disability if they have applied for workers compensation benefits under the WSIA, regardless if they are accepted, pending approval, or even denied.
More to come so check back regularly!
This has been setup to help you decide and prepare for and win a case at the Human Rights Tribunal against the WCB and/or your employer.
Check back regularly as the website is being updated daily.