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Feb 5, 2015 · The Canadian disability rights movement arose in the latter half of the 20th century. It includes multiple social movements that take a similar but distinct approach advocating civil rights for almost four million people with physical, sensory and cognitive impairments — nearly 14 per cent of the Canadian population.
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- Overview
- Disability Rights in Canada
- International disability rights
Canada seeks to reduce barriers and increase opportunities for people with disabilities, to ensure their full participation in our society. Our nation has a strong legislative framework that guarantees the equal rights of people with disabilities. In addition, a range of federal programs support the lives of Canadians with disabilities.
On this page:
The Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a part of the Canadian Constitution, which is a set of laws containing the basic rules about how our country operates. Section 15 of the Charter makes it clear that every individual in Canada – regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability – is to be considered equal. This means that governments must not discriminate on any of these grounds in its laws or programs. At the same time as it protects equality, 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). For more information on the Charter, see Your Guide to the Canadian Charter of Rights and Freedoms. The guide is an educational publication that explains the purpose and meaning of each of the Charter's sections.
The Canadian Human Rights Act
The Canadian Human Rights Act of 1977 protects Canadians from discrimination when they are employed by or receive services from: the federal government; First Nations governments; and private companies that are regulated by the federal government like banks, trucking companies, broadcasters and telecommunications companies. People can turn to the Canadian Human Rights Act to protect themselves against harassment or discrimination that is based on one or more of the 11 grounds of discrimination. The Act prohibits discrimination based upon physical or mental disability.
Additional resources
Information on rights in specific areas is also available: Transportation rights Accessible Transportation Unit Employment rights Employment Equity Act Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service Voting rights Canada Elections Act Rights in criminal proceedings Criminal Code Canada Evidence Act (see section 6)
At the international level, Canada supports the protection and promotion of rights for people with disabilities through our relationship with the UN.
As a founding member of the UN, Canada has ratified seven principal human rights conventions and covenants, including the Convention on the Rights of Persons with Disabilities.
In the 2006 Federal Disability Report released under the Harper government (C), mentions that the Government of Canada plans on moving forward with a National Disability Act. Harper first announced the possibility of a National Disability Act in his Policy Declaration during the 2005/2006 election.
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It is believed that this is around the time when America began recognizing the needs of disabled individuals; before long, Canada followed suit. At this time, the government enacted the first law to give specific rights to people with disabilities. The law is known as the Canadian Human Rights Act.
Explore how the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and provincial laws work together to protect the rights and freedoms of individuals with disabilities in Canada. Learn about key provisions, reasonable accommodations, and how to seek recourse for rights violations.
Twenty-first century developments in disability issues include a 2012 Supreme Court decision which established that persons with mental-health disabilities can provide reliable court testimony, and Canada's ratification of the UN Convention on the Rights of Persons with Disabilities in March 2010.
Dec 7, 2020 · In this Update, we reach back to the incredibly uphill but ultimately successful battle in the fall of 1980 to get equality rights for people with disabilities entrenched in the new Canadian Charter of Rights and Freedoms that Parliament was then considering for inclusion in Canada’s Constitution.
