Defining Disability

"Stewart v Elk Valley: The Case of the Cocaine-Using Coal Miner", All Papers - Osgoode Digital Commons 323

Discussion prepared for the Ontario Bar Association Institue 2018, Exploring the Evolving Definition of Disability and Evidence to Support It. Reviews decision of Stewart v Elk Valley; addiction (including both substance use and behavioural matters) is accepted as mental illness. 

"Employing Disability: Deconstructing Insufficient Protections for Non-Mainstream Disabilities", 5 W J Legal Stud No2

Survey of case law on what the author refers to as 'non-mainstream' disabilities, or those disabilities that are difficult to diagnose (episodic or mental health related, for example) as jurisprudence on the duty to accommodate has not yet adequately addressed these issues; duty to accommodate and relevant human rights legislation needs to better tackle the barriers such individuals face, presented by current interpretations. 

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