Module 4: Access, Accommodation, Rights, and Justice
Rights Often Unfulfilled
Despite all the human rights protections in law, disability is consistently the most frequent ground for the cases of discrimination that are brought before human rights commissions at the federal and provincial/territorial levels in Canada – more than 40% of all cases in most jurisdictions (Canadian Human Rights Commission, 2015: Table 1) and over 50% in Ontario as of April-June 2024 (, 2024a). While the number of cases of discrimination in health care is not publicly reported, a quarter of all discrimination cases before the HRTO are about discrimination in the provision of goods, services, or facilities (HRTO, 2024b). Many of the decisions reached by the Tribunal involve health care providers as respondents (defendants) (e.g., hospitals, health foundations, physician services, medical associations, etc. – HRTO, 2024c).
From the Community
Despite human rights protections, disabled people are often denied care or treated unfairly in the healthcare system. In the following clips, Alessia, Elizabeth, and Danielle describe experiences of discrimination, exclusion, and fear in seeking medical care.
Alessia
Elizabeth
Danielle
Media Moment
Time: 1 minute, 29 seconds
Here’s a physician who offers a perspective on the many challenges to exercising the right to care covered in the module. They are discussing the NIHB (Non-Insured Health Benefits) program and its impacts on healthcare for Indigenous peoples.
Watch the following video here, access it at the link below, or the transcript.
Restrictive Health Care Access for Indigenous Peoples | Mind Games
You can also learn about patients experience of NIHB in this CBC article by Joy SpearChief-Morris: Federal health benefits program for First Nations and Inuit ‘frustrating’ to deal with, say clients
A tribunal that hears and rules on complaints relating to the Ontario Human Rights Code. Anyone who believes they have been discriminated against under the Code can bring an application to the Tribunal.
