Disability Discrimination

 Menu - Jump To:


Disability Discrimination

  • Human rights codes do not define what constitutes discrimination. What constitutes discrimination for the purposes of human rights law is established by case law and has been an evolving concept. This section deals with establishing discrimination and  forms of discrimination. Discrimination can result intentionally or unintentionally. Discrimination can arise directly, indirectly  or by a neutral rule or standard that adversely effects a person with a disability (Adverse Effects Discrimination). Harassment and poisoned work environments are prohibited by human rights law. Discrimination may also be systemic or institutional.

Case Law

  • Stewart v Elk Valley Coal Corp, 2017 SCC
  • Ontario (Human Rights Commission) v Simpsons-Sears Ltd, [1985]
  • Moore v BC (Ministry of Education), 2012 SCC 61