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Promoting Human Rights Archives
Promoting Human Rights
May 11, 2013
Yvonne Peters, Gwen Brodsky, Ravi Malhotra Discuss Inclusion After the Moore Case
Along with others, some members of the CCD Human Rights Committee share their views on the impact of the Moore case. Read more.
January 29, 2013
CMHR to feature the most inclusive design in Canadian history
“The exciting thing for people with disabilities is not only that a space is being created for a new understanding of human rights, but that it will also be fully accessible,” Laurie Beachell, CCD national coordinator said. “As our understanding of human rights evolves, so will our understanding of access and inclusive design. The disability community is pleased to be part of something that can raise awareness about what inclusion really means.”
April 17, 2012
Constitutional Equality Rights: People with Disabilities Still Celebrating 30 Years Later
“CCD celebrates the anniversary of the Charter and all those who have been using it to remove barriers to the full and equal participation of people with disabilities,” states Tony Dolan, CCD Chairperson. “April 17 is an important anniversary which we must celebrate every year.”
March 23, 2012
Factum in the Moore Case
CCD has intervened in this appeal because it is deeply concerned about the template for comparator group analysis adopted by the lower courts, reducing the right to accommodation to a right to the same treatment or same accommodation that others receive. The reasoning of the lower courts, if accepted by this Court, threatens to make the duty to accommodate meaningless, thereby profoundly eroding the human rights of persons with disabilities in a wide variety of settings. Read more.
March 21, 2012
Supreme Court of Canada Hears Access to Education in Disabled Student's Case
“Access to education, including effective accommodation, is fundamental to ensuring that persons with disabilities will become full and equal citizens, able to participate equally in the workforce and all aspects of Canadian society,” said Dean Richert, Co-chairperson of CCD Human Rights Committee. Read more.
May 16, 2011
Fundamental Disability Rights Case Goes to Supreme Court of Canada
On May Tuesday May 17th the Supreme Court of Canada will be asked to consider whether people with intellectual disabilities should be allowed to testify in court. Specifically, the question before the Court is whether people with intellectual disabilities are required to demonstrate an understanding of the concept of a “promise to tell the truth” in order to be permitted to testify. The Council of Canadians with Disabilities (CCD) has been granted intervener status in this case. Read more.
March 8, 2011
Factum in the Mowat Case
This case involves a woman, Ms. Donna Mowat, who filed a human rights complaint after she experienced sexual harassment at work. According to the Federal Court of Appeal, Ms. Mowat, whose sexual harassment complaint was largely successful, was entitled to only $4000 in compensation, although her legal fees to bring her complaint forward were nearly $200,000.
In this appeal, the Supreme Court was asked to decide if those who experience discrimination should be reimbursed for their legal costs relating to filing human rights complaints. The legal fees to file complaints and to have them heard by the Canadian Human Rights Tribunal can be more than what is awarded as compensation to successful complainants. As a result of this, even when victims of discrimination win their cases, they are very often out of pocket several thousands of dollars.
The CCD argued that the human rights legislation must be accessible to people who experience discrimination. This is particularly important for people with disabilities who represent the largest proportion of complainants before the Canadian Human Rights Commission. Read more.
October 13, 2009
An Open Letter to Members of Parliament
July 27, 2009
CCD Factum in the Moore Case
CCD intervened in the Moore case because the case is about ensuring the legal duty to accommodate persons with disabilities is interpreted in a manner that serves its remedial purposes. Specifically, CCD intervened in the appeal because of a concern that the comparator group analysis adopted by the learned Chambers Judge has the potential to undermine the rights of all persons with disabilities to accommodation in a variety of settings. CCD respectfully submitted that the Court erred in determining that to establish discrimination, a student with disability, seeking accommodation in public education, needed to demonstrate differential treatment of students with disabilities in special education. CCD argued that remedial purpose of the duty to accommodate means there is a constant comparison inherent in the duty to accommodate. The comparison is between persons with and without disabilities. Read more.
September 8, 2008
A Disability Rights Analysis of Canada's Record Regarding the Human Rights of Persons with Disabilities: A Submission by CCD to the Human Rights Council in Relation to the 2009 Periodic Review of Canada
As an organization with unique expertise regarding the conditions that are necessary for people with disabilities to have full enjoyment of their human rights, CCD shared with the UN Human Rights Council its analysis of Canada's human rights record as it pertains to persons with disabilities. Read more.
November 1, 2007
The Canadian Human Rights Commission Strives to Design a New Business Model: What Does This Mean for Persons with Disabilities?
This paper provides an assessment of the new business model currently being used by the Canadian Human Rights Commission to manage human rights complaints and to promote human rights in Canada. It outlines the nature of the changes brought about by the new business model and considers the effectiveness of these changes in protecting and promoting the human rights of persons with disabilities. The report concludes with recommendations. Read more.
April 28, 2004
Newfoundland and Labrador Case Factum
April 1, 2004
Integrated Case Factum
January 26, 2004
Twenty Years of Litigating for Disability Equality Rights: Has it Made a Difference?
This paper traces the evolution of disability equality rights; from demanding recognition and inclusion in human rights law, to becoming experienced litigatiors for a substantive vision of equality in Canada. Read more.
September 20, 2001
Brockie Case Factum
September 20, 2001
Candian Council of Churches Case Factum
February 14, 2001
Chesters Case Factum
November 22, 1999
Lovelace Case Factum
August 1, 1999
Granovsky Case Factum
July 29, 1999
Grismer Case Factum
February 9, 1998
Orillia Case Factum
March 24, 1997
Eldridge Case Factum
October 9, 1996
Disability Groups Bitter About Supreme Court Decision
October 8, 1996
Groups Seek "No" to Segregation of Disabled School-Children
June 8, 1996
Eaton Factum
January 1, 1996
Gibbs Case Factum
January 1, 1993
Affidavit of Francine Arsenault
January 1, 1993
Thwaites Case Factum
May 25, 1987
Andrews Case Factum
January 1, 1984
Bhinder Case Factum
Jim Derksen views inaccessible York Street Steps in Ottawa. CCD intervened in the Brown Case, which challenged an inadequate accommodation developed for the Steps.
The Latimer Case
The Latimer case directly concerned the rights of persons with disabilities. Mr. Latimer's view was that a parent has the right to kill a child with a disability if that parent decides the child's quality of life no longer warrants its continuation. CCD explained to the court and to the public how that view threatens the lives of people with disabilities and is deeply offensive to fundamental constitutional values. Learn more.