Human Rights & Disability Law in Canada
How disability discrimination is prohibited and remedied in Canada — the two main tribunal tracks (HRTO and CHRT), the protected grounds, the UNCRPD backdrop, and what a win looks like.
Two tribunal tracks
| HRTO (Ontario) | CHRT (federal) | |
|---|---|---|
| Law | Ontario Human Rights Code | Canadian Human Rights Act |
| Coverage | Most Ontario employers, housing, services, unions | Federal govt, banks, telecom, transport, First Nations |
| File with | HRTO directly (Form 1) | CHRC first, then referral to CHRT |
| Source | tribunalsontario.ca/hrto | chrt-tcdp.gc.ca |
Protected grounds — disability
- Ontario Human Rights Code: “disability” includes physical, mental, developmental, learning and mental disorders, injuries, illnesses, and previous/perceived disability. Broad duty to accommodate to undue hardship. Code (SO 1990, c. H.19)
- Federal Canadian Human Rights Act (s. 3): disability and genetic characteristics are protected; conviction record (with pardon/suspension) is also protected federally. Act s. 3
Other grounds (both): race, colour, ancestry/origin, religion/creed, age, sex (pregnancy, breastfeeding, gender identity/expression), sexual orientation, marital status, family status. (Ontario adds citizenship, receipt of public assistance in housing, and record of offences in employment; see OHRC.)
The UNCRPD backdrop
Canada ratified the Convention on the Rights of Persons with Disabilities in 2010 and acceded to its Optional Protocol in 2019. Key articles to cite:
- Art 5 — equality and non-discrimination + reasonable accommodation as a duty
- Art 9 — accessibility
- Art 12 — equal recognition before the law
- Art 19 — independent living and community inclusion
- Art 27 — work and employment
- Art 28 — adequate standard of living and social protection
- Art 33 — national implementation/monitoring · Art 34 — the CRPD Committee
The CRPD is international law; it shapes — but does not replace — the Code and the Act. Through the Optional Protocol, after domestic remedies are exhausted, an individual communication may go to the CRPD Committee. UN CRPD
Remedies
Both tribunals focus on making the complainant whole and stopping the conduct:
- Compensation for lost wages
- Compensation for injury to dignity, feelings and self-respect (the standard award)
- Orders to stop the practice and to accommodate
- Policy/training changes
They generally do not award punitive damages.
Deadlines & help
- HRTO: file within one year of the last incident (strict). Free. Human Rights Legal Support Centre gives free advice.
- CHRC/CHRT: file a complaint with the Canadian Human Rights Commission.
Related
- Guide: Human Rights Tribunals in Canada
- Guide: UNCRPD & Canada’s obligations
- Guide: Federal Disability Benefits & the CHRT
- Template: Human-rights complaint
Legal information, not legal advice. Confirm current procedure on the official tribunal sites.