Human Resources and Skills Development Canada
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Human Resources and Skills Development Canada

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Advancing the Inclusion of People with Disabilities 2006

Chapter One: Human Rights and Culture

1. Protecting the Rights of People with Disabilities

The Canadian Charter of Rights and Freedoms provides an equality guarantee under Section 15 that prohibits discrimination based on mental or physical disability across all jurisdictions in Canada. The Charter limits the ability of governments to pass laws or take actions that discriminate or infringe on human rights. Individuals must be treated equally, regardless of their race, national or ethnic origin, colour, religion, sex, age, or mental or physical capacities. The Charter has been the basis for many cases related to disability, and can be credited with helping to make Canada a more accessible society.

In addition to the Charter, the Canadian Human Rights Act promotes and protects the rights of people who face discrimination on a number of grounds, including a physical or mental condition. The Canadian Human Rights Act requires employers and service providers under federal jurisdiction to accommodate special needs, including those of people with disabilities, short of undue hardship. While the duty to accommodate has long been recognized by the courts, specific reference to accommodation in the Act clarifies both the rights of employees and the obligations of employers.

The Canadian Human Rights Commission (CHRC) administers the Canadian Human Rights Act and is responsible for ensuring compliance with the Employment Equity Act. Both laws ensure that all areas of federal jurisdiction adhere to the principles of equal opportunity and non-discrimination.

The CHRC tries to resolve complaints of discrimination filed against federally regulated employers, unions, and service providers. If a complaint cannot be resolved, the Commission may investigate the case further, and may ultimately request that the Canadian Human Rights Tribunal hear the case.

In 2005, the Commission received 429 complaints citing disability as the grounds of discrimination, representing half of all the complaints the Commission received that year.

Table 1: Complaints to CHRC that cited disability as the grounds for discrimination - Number and percentage of all complaints, 2002-05  
  Number Percentage
2002 438 44%
2003 495 37%
2004 389 39%
2005 429 50%

Source: Canadian Human Rights Commission Annual Report, 2005.6

To reduce the impact of the adversarial nature of a complaint-driven system, the CHRC offers mediation as an alternative to resolving complaints at an early stage. This is an informal process that gives the parties the opportunity to resolve a dispute before a formal complaint is filed. If the matter is resolved between the parties through preventive mediation, the file is closed; if the matter is not resolved, the complainant can file a formal complaint.

Complaint Process

Preliminary Assessment: This process provides the parties with an opportunity to clarify the issues and establish realistic expectations.

Mediation: If preliminary assessment did not resolve the dispute, the complaint may be referred to mediation. Mediation is offered at any stage of the complaint process.

Investigation: If mediation fails, the complaint is sent for investigation. An Investigation Report is prepared that contains an analysis of the evidence and a recommendation on the disposition of the complaint.

Disclosure: The report is disclosed to the parties and they are given an opportunity to present written submissions to the Commission.

Decision: The members of the Commission decide how to deal with the complaints put before them:

  • the complaint is referred to the Tribunal for further inquiry;
  • the complaint is dismissed if members of the Commission determine that further inquiry by a tribunal is not warranted;
  • settlements reached by the parties through the mediation process are approved; or
  • the complaint is referred to conciliation where parties are given an opportunity to reolve the complaint with the assistance of a conciliator appointed by the Commission.

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2. Promoting Human Rights and a Culture of Inclusiveness

In addition to the CHRC, the Department of Canadian Heritage also plays an important role in ensuring human rights are promoted and enjoyed in Canada.7 The Human Rights Program undertakes educational and promotional activities, including maintaining a website that contains a theme page on Human Rights and Disabilities. It also provides a select number of grants and contributions to eligible organizations. The program is responsible for coordinating, with provincial and territorial governments, the domestic implementation of international human rights instruments and preparing Canada's reports to the United Nations. During the past year, Canada participated in the successful negotiation of a draft United Nations convention for the protection of the rights of people with disabilities. A revised draft of the Convention was introduced by the UN Ad Hoc Committee on the Convention on October 30, 2006. The General Assembly adopted the Convention December 13, 2006.8  Canada will undertake a comprehensive analysis before ratifying it. This will include a legal review and consultations with provinces and territories.

Canadian Heritage also administers a number of programs and initiatives aimed at promoting the full participation of people with disabilities in different domains, including culture, community, and sports.

For example, through the Canadian Culture Online Program, the Department implements its Culture Online Strategy, which strives to create a uniquely Canadian presence on the Internet.9 The Strategy anticipates a future where the majority of Canadians spend time in the digital interactive “space” being entertained, engaged, and informed. In this context, the Canadian Culture Online Program aims to encourage Canadians to access and participate in interactive digital resources that reflect our diverse heritage, cultures, languages, and history, and to ensure that the program contributes to a supportive environment for the new media sector in Canada. 

Although these programs do not focus specifically on people with disabilities, some of the Canadian cultural Internet sites that Canadian Culture Online has funded since 2001 are directed at people with disabilities. For example, the National Film Board (Canadian Memory Fund, 2005-06) digitized and made available a total of 287 films, 76 of which included video description, and 62 which were subtitled. All sites funded by Canadian Culture Online are required to conform to international standards, ensuring full access to site content for people with disabilities.

Through its Youth Participation Directorate, Canadian Heritage also supports youth exchange and youth forum programs within Canada. Through the Exchanges Canada program, the Directorate funds the return transportation costs and any special measures that may be required (e.g., sign language interpreters, attendants, medical personnel, and specially adapted transportation) to ensure that youth with disabilities can participate fully. About 640 young people with disabilities participated in Exchange Canada 2005-06.  

The Active Living Alliance Youth Exchange brings youth from all provinces and territories to Ottawa every year for five days around Canada Day.10 This exchange exposes participants to a wide variety of active living opportunities, provides a cultural experience through interaction with people from across Canada, and inspires and enhances personal leadership qualities. Participants in the exchange have the opportunity to learn about community involvement and the advocacy process, and to try new physical activities. Forty-nine youth and 33 leaders, chaperones, and organizers participated in the program in 2005-06.  

Canadian Heritage also administers the Community Participation Program, which involves collaboration with other federal departments and the voluntary sector to promote citizen participation and engagement in Canadian society.11 More specifically, the program aims to raise awareness of the contributions of volunteers and the voluntary sector to Canadian society, promote citizens' participation and engagement in Canadian society, and strengthen the capacity of voluntary organizations to provide programs and services for the benefit of Canadians. The program provided funding in 2004-05 to the Prince Edward Island Council of the Disabled, which produced Simple Solutions. This manual identifies 21 barriers to volunteering and helps managers of volunteer resources and other practitioners in the non-profit sector to better understand the barriers that people with disabilities face and how to reduce or eliminate them.12

Promotional material for the inclusion of people with disabilities

E-Inclusion – Centre de recherche en informatique de Montréal   (New Media Research Networks Fund, 2005-07) – aims at developing audio-visual content processing tools and sensory-specific content creation methods for multimedia producers. The goal is to provide creators with powerful audio-video tools that will allow them to centre their attention on the creative aspects and thus improve the richness of the multimedia experience for people with sensory disabilities.

CulturAll – University of Toronto – Adaptive Technology Resource Centre (New Media Research Networks Fund, 2005-07) – aims to make inclusive design a naturally integrated component of Canadian cultural productions and act as a catalyst for innovation and creativity. The CulturAll Network continues its work developing innovative approaches, tools, and strategies to ensure that everyone in Canada can participate in the Canadian cultural exchange.

Stretch – University of Toronto (Partnerships Fund, 2005-06) – focuses on the realities of people living with disabilities in Aboriginal communities. As an adjunct to the popular online broadcast show “Zed,” the project will collect video, animation, visual artwork, and music that express perspectives on inclusion. Youth and students, with the help of media artists, will showcase their work and their ideas related to the subjects explored by the site in a popular online forum. It is anticipated that at least 30 videos, 55 visual art pieces, and 15 other works in various media will be presented.

ASLpah.ca – Canadian Hearing Society (Gateway Fund, 2004-05) – showcases content by and about people who are hard of hearing, deaf, or deafened. Content such as personal stories and e-zine materials in sign language (ASL or LSQ) can be found on the site, which also includes video stories on themes of humour, employment, education and other subjects. Participants, particularly deaf youth, are encouraged to create and share their stories and perspectives using their own language.

Rick Hansen: Man In Motion (Canadian Memory Fund, 2003-04) – showcases Rick Hansen defying all odds as he circled the world in his wheelchair for over two years to raise awareness and money for spinal cord research. Even when the tour was over, he kept going, a man in perpetual motion.

Canadian Network for Inclusive Cultural Exchange – University of Toronto - Adaptive Technology Resource Centre (New Media Research Networks Fund, 2002-04) – developed free guidelines, tools, and learning materials aimed at including people with disabilities in cultural creation, exchanges, and experiences.

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Date Modified:
2011-08-10