Defining Disability

"Twenty-five Years of Disability Equality? Interpreting Disability Rights in the Supreme Court of Canada" 39:1 Common Law World Review 27

Substantive approach to equality for disabled persons; using the perspective of disability rights activists and their allies; looks at SCC cases and interpretation of Charter in addressing disability issues.

"Defending the Human Rights Codes from the Charter" 9 Journal of Law & Equality 1

The article distinguishes between how discrimination is determined under the Ontario Human Rights Code and the Charter of Rights. An extensive discussion of the distinctions between prima facia discrimination under the codes and discrimination in a substantive sense under the Charter and the different thresholds of proof required by the claimant under each statue. Defines systemic discrimination under human rights codes.

"People with Disabilities and the Charter: Disability rights at the Supreme Court of Canada under the Charter of Rights and Freedoms" 5:1 Canadian Journal of Disability Studies

An empirical study of the Supreme Court of Canada’s interpretation of the Charter of Rights in disability related cases. The study tracks the evolution of the concept of disability discrimination and the the use and evolution of different models of disability. 

"The Implications of the Social Model of Disablement for the Legal Regulation of the Modern Workplace in Canada and the United States" 33(1) Manitoba Law Journal 1

A philisophical discussion of the market influence on the duty to accommodate. A useful discussion of the standard for an employer to establish BFOR. Discusses analysis to determine reasonable accommodation. Discusses how certain decisions of the SCC have moved towards acknowledgment of the social model of disability. 

"Conceptualizing Addiction as Disability in Discrimination Law: A Situated Comparison" 46:1 Contemporary Drug Problems 58

Comparison between Canadian and Australian discrimination law in addressing addiction as a disability; merely conceptualizing addiction as a disability will not be enough to reduce discrimination faced by addicted individuals, and instead, foundational legal policies neeed to be established; culture of ableism, even within approaches aimed at reducing discrimination altogether, are prevalent and need to be addressed if addiction is to be accommodated appropriately. 

"Alcohol and Obesity Law in Canada, the United Kingdom, and Australia", 21 Cardozo J Int'l & Comp L 653

Discussion of alcohol dependence and obesity as disabilities; forms of accommodation afforded to individuals with these conditions; comparative law of Canada, UK and Australia; affect of alcohol addiction and obesity on workplace organization; random workplace testing for alcohol.