Cameron Miranda
Canada has several laws in place to protect the rights of individuals with disabilities. These laws are underpinned by the Canadian Charter of Rights and Freedoms, which is part of the country's constitution. The Charter guarantees that individuals with disabilities are protected by and will receive the same benefits under the law as any other Canadian. It also ensures that governments must not discriminate on any grounds, including disability, in its laws or programs. In addition to the Charter, other federal laws that protect the rights of individuals with disabilities in Canada include the Canadian Human Rights Act, the Accessible Canada Act, territorial and provincial accessibility laws, and the Employment Equity Act. Furthermore, Canada has ratified the UN Convention on the Rights of Persons with Disabilities, demonstrating its commitment to protecting the rights of individuals with disabilities at the international level.
| Characteristics | Values |
|---|---|
| Main federal laws protecting individuals with disabilities from discrimination | Canadian Charter of Rights and Freedoms, Canadian Human Rights Act, Criminal Code, Employment Equity Act, Accessible Canada Act, territorial and provincial accessibility laws, federal human rights legislation |
| Section 15 of the Charter | Every individual in Canada is to be considered equal, regardless of race, religion, national or ethnic origin, colour, sex, age, or physical or mental disability |
| Section 15(2) of the Charter | Programs to improve employment opportunities for people with mental or physical disabilities may be protected |
| UN Convention on the Rights of Persons with Disabilities | Canada ratified in 2010, committing to apply the rights found in the Convention and bound by the Convention under international law |
| Optional Protocol to the Convention on the Rights of Persons with Disabilities | Signed in December 2018, allowing individuals with disabilities to make human rights complaints if their rights have been violated |
| Purpose of Accessible Canada Act | To benefit all persons, especially persons with disabilities, through the realization of a Canada without barriers by 2040, by identifying and removing barriers to accessibility |
| Minister's mandate | To provide information, advice, and assistance in relation to matters relating to accessibility, and to promote, support, and conduct research into the identification and removal of barriers |
| Minister's powers, duties, and functions | Extend to all matters relating to accessibility over which Parliament has jurisdiction and that are not assigned to any other Minister or government department, board, or agency |
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What You'll Learn
The Canadian Charter of Rights and Freedoms
Section 15 of the Charter states that every individual in Canada is to be considered equal, regardless of race, religion, national or ethnic origin, colour, sex, age, or physical or mental disability. This means that governments must not discriminate on any of these grounds in their laws or programs. The Charter also allows for certain laws or programs aimed at improving the situation of disadvantaged individuals or groups. For example, programs to improve employment opportunities for people with mental or physical disabilities may be protected under subsection 15(2).
Section 7 of the Charter gives all people the right to life, liberty, and security of the person. This section has been used to advance the understanding of the rights of people with mental capacity to refuse consent to treatment. Section 9 protects people against arbitrary detention or imprisonment, and section 10 outlines one's rights upon arrest or detention. These rights must be respected by organizations that carry out government policies, such as the police or hospitals, that may seek to detain people with mental health disabilities.
Canada has also ratified several international treaties and conventions that protect the rights of people with disabilities, including the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2010. The CRPD emphasises non-discrimination, legal equality, and inclusion, moving away from viewing people with disabilities as recipients of charity and instead recognising them as rights-holders.
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The Canadian Human Rights Act
In addition to these federal laws, Canada has also ratified the UN Convention on the Rights of Persons with Disabilities in 2010. This international agreement complements Canada's existing protection for the equality of rights of people with disabilities and ensures non-discrimination in areas such as freedom of expression, respect for home and family, education, health, employment, and access to services.
Canada's commitment to protecting the rights of individuals with disabilities is further demonstrated through its support for the UNCRPD (United Nations Convention on the Rights of Persons with Disabilities) and the Optional Protocol, which provides a mechanism for individuals with disabilities to make human rights complaints if their rights have been violated.
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The Accessible Canada Act
In Canada, several laws protect the rights of people with disabilities, including the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and territorial and provincial human rights legislation. One of the main laws is the Accessible Canada Act (ACA), which came into force in 2019.
The ACA is landmark federal legislation that aims to create a barrier-free Canada by January 1, 2040. It recognizes the existing human rights framework that supports equality for people with disabilities, including Canada's commitments as a State Party to the United Nations Convention on the Rights of Persons with Disabilities. The Act takes a proactive and systemic approach to identifying, removing, and preventing barriers to accessibility in federal jurisdiction. This includes barriers in transportation, communication, and the broadcasting and telecommunications sectors.
The ACA applies to organizations under federal responsibility, including the Government of Canada, government departments, agencies, and Crown corporations. It also applies to parliamentary entities with a tailored approach to respect parliamentary privilege. To ensure compliance, the Act establishes the positions of Accessibility Commissioner and Chief Accessibility Officer (CAO). The Accessibility Commissioner is responsible for enforcing the Act and can use tools such as compliance orders, notices of violation, and compliance agreements. The CAO, on the other hand, advises the Minister on accessibility issues and releases annual reports on progress towards a barrier-free Canada.
The development of the ACA involved significant consultation with stakeholders, particularly the disability community. A key principle of the Act is "Nothing Without Us," which means that persons with disabilities should be consulted when developing laws, policies, and programs that impact them. The Act also emphasizes the importance of meaningful choices, accessibility standards, and the involvement of persons with disabilities in decision-making processes.
The ACA has led to the establishment of Accessibility Standards Canada (ASC), which develops national accessibility standards. It has also resulted in the Accessible Canada Regulations (ACR), which set rules for federally regulated entities regarding accessibility plans, feedback processes, and progress reporting. Annual Accessible Canada funding has also been committed to support projects focusing on accessibility and the inclusion of persons with disabilities.
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The Employment Equity Act
The EEA was adopted in 1986 in response to pressure from unions, women's groups, and other organizations advocating for addressing inequities and barriers that prevented many Canadians from accessing employment. The act requires employers to remove barriers to employment that disadvantage members of the four designated groups. This includes implementing positive policies for the hiring, training, retention, and promotion of these individuals.
The four designated groups protected by the EEA are defined as follows:
- Women: Self-identifying women are included in this group.
- Indigenous Peoples (Aboriginal Peoples): This group includes Status Indians, Non-Status Indians, Inuit, and Métis.
- Visible Minorities: Individuals who form visible minorities in Canada due to their race or colour, such as Blacks, Chinese, Japanese, and Filipinos.
- People with Disabilities: Individuals who consider themselves disadvantaged or believe that an employer would consider them disadvantaged due to a persistent physical, mental, psychiatric, learning, or sensory disability.
The Canadian Human Rights Commission provides a definition of disability for the purpose of accommodation under the EEA. It includes both visible and invisible disabilities and is defined as a physical or mental condition that is permanent, ongoing, episodic, or of some persistence, significantly limiting an individual's ability to perform important life functions or activities, such as employment.
The Labour Program ensures that employers understand the EEA and its requirements. This program oversees both federally and provincially regulated employers. Federally regulated employers include federal departments, agencies, and Crown corporations. They are required to report annually on the representation of the four designated groups in their workplaces and the steps taken to achieve full representation. The Canadian Human Rights Commission receives these reports and is responsible for ensuring employer compliance with the EEA.
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The UN Convention on the Rights of Persons with Disabilities
Canada has several laws in place to protect the rights of individuals with disabilities. The main federal laws include the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act. The Canadian Charter of Rights and Freedoms is part of the Canadian Constitution, which outlines the basic rules governing the country's operations. Section 15 of the Charter states that every individual in Canada is to be considered equal, regardless of disability. This means that governments must not discriminate on any of these grounds in their laws or programs. The Canadian Human Rights Act of 1985 aims to prevent discrimination and improve access to employment, services, and facilities in all areas of federal jurisdiction.
In addition to these federal laws, Canada has also ratified the UN Convention on the Rights of Persons with Disabilities (CRPD). This international human rights agreement outlines the fundamental human rights of people with disabilities, ensuring they are treated fairly, have equal opportunities, and are fully included in society. The CRPD was adopted on December 13, 2006, at the United Nations Headquarters in New York, and opened for signature on March 30, 2007. It has since gained 192 signatories, including Canada, which ratified the convention in 2010.
The CRPD calls on States Parties to ensure non-discrimination for individuals with disabilities in various areas, including freedom of expression, respect for family, education, health, employment, and access to services. It complements existing Canadian laws by providing an explicit social development dimension, adopting a broad categorization of disabilities, and outlining how different categories of rights apply to individuals with disabilities.
The CRPD also addresses economic, social, and cultural rights, requiring States Parties to take measures, within the framework of international cooperation, to achieve the full realization of these rights. This includes consulting with and actively involving individuals with disabilities and their representative organizations in the decision-making processes related to issues concerning them.
Furthermore, the CRPD emphasizes the need for equality and the elimination of discrimination. States Parties are required to take appropriate steps to ensure reasonable accommodations and promote equality, recognizing that all persons are equal before the law. Specific measures to accelerate or achieve de facto equality for individuals with disabilities are outlined in the convention.
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Frequently asked questions
The main federal laws protecting individuals with disabilities in Canada include the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and the Employment Equity Act. The Accessible Canada Act is another law that ensures Canadians with disabilities have the right to live free from discrimination and enjoy equal quality in service, education, vocation, and inclusion.
The Canadian Charter of Rights and Freedoms, enacted in 1982, guarantees that individuals with disabilities are protected by and will receive the same benefits under the law as any other Canadian. Section 15 of the Charter states that every individual in Canada is to be considered equal, regardless of disability, and that governments must not discriminate on any of these grounds in its laws or programs.
Canada ratified the UN Convention on the Rights of Persons with Disabilities in 2010. Canada is also a signatory to the Optional Protocol, an additional agreement that allows individuals with disabilities to make human rights complaints if their rights have been violated.
