Defining Disability

Substantive approach to equality for disabled persons; using the perspective of disability rights activists and their allies; looks at SCC cases and interpretation of Charter in addressing disability issues.

The article distinguishes between how discrimination is determined under the Ontario Human Rights Code and the Charter of Rights. An extensive discussion of the distinctions between prima facia discrimination under the codes and discrimination in a substantive sense under the Charter and the different thresholds of proof required by the claimant under each statue. Defines systemic discrimination under human rights codes.

An empirical study of the Supreme Court of Canada’s interpretation of the Charter of Rights in disability related cases. The study tracks the evolution of the concept of disability discrimination and the the use and evolution of different models of disability. 

Article discusses the SCC adoption  and continued recognition of the social model of disability through various disability equality cases. 

A philisophical discussion of the market influence on the duty to accommodate. A useful discussion of the standard for an employer to establish BFOR. Discusses analysis to determine reasonable accommodation. Discusses how certain decisions of the SCC have moved towards acknowledgment of the social model of disability. 

Discrimination has, in Ontario cases, been prohibited in cases where the individual's obesity has been perceived to be a disability, but the author believes that 'obesity' should be labeled as a distinct prohibited category of discrimination under law.

Explores the social construction of heavy weight as a disability, with considerations of illness, aesthetic, and blame; reviews Canadian human rights cases in which obesity has been considered as a disability; discusses mythopoeia and its affect on the social construction models. 

Article discusses the OHRT finding that a miscarriage is a disability. 

Comparison between Canadian and Australian discrimination law in addressing addiction as a disability; merely conceptualizing addiction as a disability will not be enough to reduce discrimination faced by addicted individuals, and instead, foundational legal policies neeed to be established; culture of ableism, even within approaches aimed at reducing discrimination altogether, are prevalent and need to be addressed if addiction is to be accommodated appropriately. 

Discussion of alcohol dependence and obesity as disabilities; forms of accommodation afforded to individuals with these conditions; comparative law of Canada, UK and Australia; affect of alcohol addiction and obesity on workplace organization; random workplace testing for alcohol.