The Down Syndrome Association of Ontario, our Provincial representation for all issues dealing with Down syndrome, is looking for feedback.  See the notes below.  If you have any comments to make, please pass them along to info@dsao.ca

The Ontario Human Rights Code (the Code) prohibits discrimination and harassment against students with disabilities in educational services. This protection encompasses primary, secondary and post-secondary education in both the public and private sectors. In its Strategic Plan, Putting People and Their Rights at the Centre: Building Human Rights Accountability, 2017-2022, the Ontario Human Rights Commission (the OHRC) articulated its vision, mission and values for the next five years. Integral to the Strategic Plan are the OHRC’s identified Strategic Focus Areas, one of which is to “promote a human rights culture through education.”

 In 2004, the OHRC published its Guidelines on Accessible Education (Guidelines). The Guidelines set out the OHRC’s interpretation of how the Code applies to the provision of educational services for students with disabilities. They outline steps in the accommodation process and clarify a number of issues including: principles of accommodation, creating a welcoming environment, guidance on determining the most appropriate accommodation for students with disabilities, benefits of accommodation planning, and roles and responsibilities of parties to the accommodation process. They offer the OHRC’s best advice on how education-providers should act to ensure that they are fulfilling their responsibilities under the Code.

Since the release of the Guidelines in 2004, there have been numerous important developments in the area of disability law and studies. For example, there have been several important legal decisions, notably from the Supreme Court of Canada, with respect to the ground of disability and the duty to accommodate. These decisions have assisted the OHRC in its evolving understanding of equality for people with disabilities. In 2016, the OHRC released its Policy on Ableism and Discrimination Based on Disability which addresses disability discrimination across all of the “social areas” covered by the Code. The OHRC is now undertaking to update its Guidelines to reflect these developments, and to consider their relevance and application with regard to disability and the duty to accommodate students in the education sector.

 We are writing to you to request your input on human rights issues affecting students with disabilities. Information received from submissions and during the consultation process will inform and guide the OHRC as it embarks on this initiative, and may be quoted in the OHRC’s work.

 In addition to updating the content of the 2004 Guidelines, the OHRC is also considering new and emerging disability issues, including:

  • Recent developments in how “disability” is defined, and how, in some cases, the definition has expanded.
  • The type of medical information a student requesting accommodation is required to provide to an education-provider. Is a medical diagnosis (as distinct from medical information outlining a person’s needs and limitations) ever required?
  • The duty of education-providers, in some cases, to inquire about a student’s disability-related accommodation needs, even where the student has not made a formal accommodation request.
  • How the ground of disability “intersects” with other Code grounds, and how this intersection influences the way that a student may experience discrimination and harassment.
  • When, if ever, the right to accommodation must be balanced with the rights of other people (e.g. other students, or employees in the educational community)

If you have any comments to make, please pass them along to info@dsao.ca