This approach, often called the “social approach” to disability, or the “social model” of disability, is also reflected in Supreme Court of Canada decisions. The United Nations’ Convention on the Rights of Persons with Disabilities ( CRPD) recognizes that “disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others.” It is also a principle of human rights law that the Code be given a broad, purposive and contextual interpretation to advance the goal of eliminating discrimination.Ī disability may be the result of combinations of impairments and environmental barriers, such as attitudinal barriers, inaccessible information, an inaccessible built environment or other barriers that affect people’s full participation in society. Īlthough sections 10(a) to (e) of the Code set out various types of conditions, it is clear that they are merely illustrative and not exhaustive. The focus should always be on the current abilities of a person and the situation’s current risks rather than on limitations or risks that may or may not arise in the future. This would apply where a person does not currently have a disability, but they are treated adversely because of a perception that they will eventually develop a disability, become a burden, pose a risk, and/or require accommodation. It is the OHRC’s position that anticipated disabilities are also covered by the Code. It includes both present and past conditions, as well as a subjective component, namely, one based on perception of disability. “Disability” should be interpreted in broad terms. an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,. a condition of mental impairment or a developmental disability,.any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,.Section 10 of the Code defines “disability” as: A disability may have been present at birth, caused by an accident, or developed over time. The term “disability” covers a broad range and degree of conditions. Defining disability is a complex, evolving matter.
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