Policy on preventing discrimination based on mental health disabilities and addictions / : Politique sur la prévention de la discrimination fondée sur les troubles mentaux et les dépendances

The Preamble to the Code emphasizes the importance of creating a climate of understanding and mutual respect for the dignity and worth of each person, so that each person can contribute fully to the development and well-being of the community. [...] In its mental health consultation, the OHRC heard that the loss of self-determination, autonomy and dignity because of discrimination based on a psychosocial disability has a deep and significant impact on people’s lives, and can prevent them from fully taking part in the life of the province. [...] Section 45.6 of the Code states that if a final decision or order of the HRTO is not consistent with an OHRC policy, in a case where the OHRC was either a party or an intervenor, the OHRC may apply to the HRTO to have the HRTO state a case to the Divisional Court to address this inconsistency. [...] OHRC policies have been given great deference by the courts and the HRTO,22 applied to the facts of the case before the court or the HRTO, and quoted in the decisions of these bodies.23 3. A note about terminology There are inherent challenges in finding ways to best describe people. [...] Indeed, it is the combined effect of all these circumstances that determines whether the individual has a “handicap” for the purposes of the Charter.29 The focus should be on the effects of the distinction, preference or exclusion experienced by the person and not on proof of physical limitations or mental health status, the presence of an ailment, or the cause or origin of the disability.