Social Construction of 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.

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

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.