Panel Discussion on What Matters Most: Human Rights from a Disability Perspective

FOR IMMEDIATE RELEASE

Ottawa, June 6, 2022 – In celebration of Independent Living Day in Canada, Independent Living (IL) Canada and ARCH Disability Law Centre are pleased to release a Report with findings from a survey on disability-related barriers to COVID-19 vaccines, titled: Disability Related Barriers to COVID-19 Vaccines: Highlights from the COVID-19 Vaccination Accessibility Survey 2021.

The key tenets of the Independent Living movement in Canada are consumer control, the dignity of risk, peer support and empowerment. Consumer control means that people with disabilities are in control of their lives. To be an Independent Living Centre, 51 percent of board members and staff must be persons with disabilities. Dignity of risk, means, being able to take risks, fail, learn from our mistakes, and move on. By having access to information and peer support, people with disabilities are empowered to make their own decisions.

During this pandemic, people with disabilities in Canada have been disproportionately affected by COVID-19. In many cases, people with disabilities lost consumer control, as decisions were taken out of their hands, and they lacked access to important information and became disempowered throughout this pandemic.

“We undertook this survey to listen to the voices of people with disabilities and to learn what their experiences were in accessing vaccines across the country”, said Anne MacRae, Executive Director of Independent Living Canada. “We learned that while some were able to access vaccines with minimal difficulty, many did experience barriers”. These barriers included inaccessible information, inaccessible transportation, inaccessible booking systems and vaccination sites, increased financial burden, and lack of information about how COVID-19 impacted specific disabilities.

“We hope the recommendations contained in this report will help governments and stakeholders to eliminate ongoing barriers, so that as COVID-19 continues and as we prepare for future pandemics, people with disabilities will not be forgotten again”, said Robert Lattanzio, Executive Director of ARCH Disability Law Centre.

About Independent Living (IL) Canada

Founded in 1986, Independent Living Canada is a national non-profit association of Independent Living Centres led by and for people with disabilities who promote the Independent Living Philosophy. IL Canada supports the development of Independent Living Centres, and provides education and leadership for its member organizations, partners and communities.

About ARCH Disability Law Centre:

ARCH Disability Law Centre is a disability rights speciality legal clinic in Ontario, and has been a leader in disability rights advocacy and test case litigation for almost 45 years. ARCH is dedicated to defending and advancing the equality rights, entitlements, fundamental freedoms, and inclusion of persons with disabilities with low income. ARCH is primarily funded by Legal Aid Ontario.

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Contacts:

The report is available for download below:

The Recommended Areas of Improvement One Page Summary is available for download below:

Communiqué De Presse Et Nouveau Rapport- Obstacles liés au handicap en lien avec les vaccins contre la COVID-19 faits saillants du sondage sur l’accessibilité la à vaccination contra la COVID -19                                       

POUR DIFFUSION IMMÉDIATE

Ottawa, le 6 juin 2022 – Pour célébrer la Journée de la vie autonome au Canada, Independent Living Canada – Vie autonome Canada et ARCH Disability Law Centre sont heureux de publier un rapport contenant les résultats d’un sondage sur les obstacles liés au handicap aux vaccins contre la COVID-19, intitulé : Obstacles liés au handicap en lien avec les vaccins contre la COVID-19 : faits saillants du sondage de l’enquête sur l’accessibilité à la vaccination contre la COVID-19 2021.

Les principes clés du mouvement de la vie autonome au Canada sont le contrôle du consommateur, la dignité du risque, le soutien des pairs et l’autonomie. Le contrôle des consommateurs signifie que les personnes handicapées contrôlent leur vie. Pour être un centre de vie autonome, 51 % des membres du conseil d’administration et du personnel doivent être des personnes handicapées. La dignité du risque signifie être capable de prendre des risques, d’échouer, d’apprendre de nos erreurs et d’avancer. En ayant accès à l’information et au soutien par les pairs, les personnes handicapées sont habilitées à prendre leurs propres décisions.

Au cours de cette pandémie, les personnes handicapées au Canada ont été touchées de manière disproportionnée par la COVID-19. Dans de nombreux cas, les personnes handicapées ont perdu le contrôle des consommateurs, car les décisions leur ont été retirées, et elles n’ont pas eu accès à des informations importantes et sont devenues impuissantes tout au long de cette pandémie.

« Nous avons entrepris ce sondage pour écouter les voix des personnes handicapées et connaître leurs expériences en matière d’accès aux vaccins à travers le pays », a déclaré Anne MacRae, directrice générale de Vie autonome Canada. “Nous avons appris que si certains ont pu accéder aux vaccins avec un minimum de difficultés, beaucoup ont rencontré des obstacles. Ces obstacles comprenaient des informations inaccessibles, des transports inaccessibles, des systèmes de réservation et des sites de vaccination inaccessibles, une charge financière accrue et un manque d’informations sur l’impact de COVID-19 sur des handicaps spécifiques.

« Nous espérons que les recommandations contenues dans ce rapport aideront les gouvernements et les parties prenantes à éliminer les obstacles actuels, de sorte que pendant que la COVID-19 se poursuit et que nous nous préparons à de futures pandémies, que les personnes handicapées ne soient plus oubliées », a déclaré Robert Lattanzio, directeur exécutif du ARCH Disability Law Centre.

À propos de Vie autonome Canada

Fondée en 1986, Vie autonome (VA) Canada est une association nationale à but non lucratif de centres de vie autonome dirigée par et pour des personnes handicapées qui font la promotion de la philosophie de vie autonome. VA Canada appuie le développement de centres de vie autonome et fournit de l’éducation et du leadership à ses organisations membres, partenaires et communautés.

À propos de ARCH Disability Law Centre

ARCH Disability Law Centre est une clinique juridique spécialisée dans les droits des personnes handicapées en Ontario et est un chef de file dans la défense des droits des personnes handicapées depuis près de 45 ans. ARCH se consacre à la défense et à l’avancement des droits à l’égalité, des libertés fondamentales et de l’inclusion des personnes handicapées à faible revenu. ARCH est principalement financé par Aide juridique Ontario.

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Contacts:

le rapport est disponible en téléchargement ci-dessous:

Un resume d’une page est disponible en téléchargement ci-dessous:

April 27, 2026

ARCH made a submission to the Standing Committee on Social Policy regarding Bill 101, Putting Student Acheivement First Act.

Introduction

ARCH Disability Law Centre makes the following submissions to the Standing Committee on Social Policy regarding Bill 101, Putting Student Achievement First Act, 2026. Due to the very short time period afforded for making written submissions, these submissions are limited and do not include all of ARCH’s concerns and recommendations. ARCH wishes to express the importance of a full and fair consultation process on this Bill, given its significant impact on the rights and interests of the affected communities, which includes students with disabilities.

These submissions centre on the following premise: an education system which prioritizes and creates inclusivity and meaningful education for all students will be best positioned to ensure that the goals of the Education Act are met – namely that students become highly skilled, knowledgeable, caring, and contributing citizens. In our experience, it remains a constant that leadership at all levels of school boards continue to prioritize and inform their understanding of rights and obligations predominantly through the Education Act, while failing to appropriately understand the application of the Canadian Charter of Rights and Freedoms, the primacy of Ontario’s Human Rights Code (Code) (endnote 1), the Accessibility for Ontarians with Disabilities Act (AODA), and the guidance offered by the Convention on the Rights of Persons with Disabilities (CRPD). Often, this is at great cost to students with disabilities.

A. About ARCH

ARCH Disability Law Centre is a specialty community legal clinic, primarily funded by Legal Aid Ontario, practicing exclusively in disability rights law. For over 40 years, ARCH has been dedicated to advancing and defending the equality rights, entitlements, fundamental freedoms, and the inclusion of persons with disabilities. ARCH provides a range of free legal services directly to persons with disabilities across Ontario, including the provision of legal information and summary legal advice, and the representation of persons with disabilities and disability rights organizations in precedent setting cases at all levels of courts and tribunals, including the Supreme Court of Canada. ARCH conducts an extensive law reform practice, working on a variety of initiatives related to advancing the rights of persons with disabilities. ARCH also offers accessible rights education to disability communities and engages in capacity building and community development initiatives.

Education and human rights law continue to be longstanding areas of practice and focus for ARCH. Our priorities include the advancement of human rights in education and the realization of a meaningful and inclusive education for all students in Ontario as articulated in the CRPD (endnote 2) . ARCH continues its extensive work representing students with disabilities in education related matters. ARCH also is engaged in numerous law reform projects and in the ongoing delivery of rights education that advances inclusive and non-discriminatory education services to persons with disabilities. ARCH strongly supported the calls from our communities for an education standard pursuant to the AODA. In addition, ARCH provided fulsome submissions to standard development committees in the development and review of all the accessibility standards pursuant to the AODA (endnote 3), and participated in the four independent reviews of the AODA. (endnote 4) ARCH conducts its work directly with our communities and it is the experiences of this work that informs the content of this submission.

More information about our work is available on our website: www.archdisabilitylaw.ca

B. Submissions

Key Details Deferred to Regulation

The proposed amendments to the Education Act in Bill 101 overwhelmingly refer to regulations for the creation of policies and guidelines to govern various areas of the education system. This includes but is not limited to educational materials, instruction, grading, the role and powers of the director of education/ chief executive officer and chief education officer, as well as the construction, alteration and improvement of school buildings. The over-reliance on regulations is concerning, considering the significant changes that the Ministry has proposed to make through this legislation.

It is crucial that any regulations, guidelines, directives or orders made under Bill 101 do not increase or create barriers for students with disabilities in accessing accommodations and receiving a meaningful education. Further, it is imperative that there is a consultation period for the regulation(s), guidelines, directives, or orders made under this Bill, ensuring that members of the public, including students with disabilities and the disability community, have the opportunity to provide comments and feedback.

We endorse the AODA Alliance’s recommendations, in particular that:

1. The Bill be amended to require that the Minister must consult the public when developing any regulations, guidelines, orders or directions, make public any draft regulations, guidelines, or orders, and must allow sufficient time for the public to provide feedback.
2. The Minister be required to consider and publicly account for students with disabilities’ right to equal access to education when creating or amending a regulation, order, direction, or policy, and that no regulation, order, direction or policy create barriers for, or adversely impact, students with disabilities at school.

Educational Curriculum and Grading Schemes

Section 2 of Schedule 2 would give the Minister power to enact regulations creating policies and guidelines governing the assessment of student achievement, including with respect to pupils attending school and the use of educational materials in instruction. The Bill does not provide additional information regarding the contents of these regulations or the details of what these policies and guidelines will include.

The Ministry has set out further particulars through a news release and media briefing, as well as during parliamentary debates on the Bill which provide details on the goals of the legislation. The following changes are proposed:

• Provincially consistent learning resources for all schools.
• Province-wide mandatory exam days and assignment standards for secondary students. Province-wide final examinations from grades 9-12 would be weighed up to 20% to 25% of students’ final grades.
• That attendance and participation would form 15 percent of the final course mark for students in Grades 9 to 10, and 10 percent for Grades 11 to 12. It is noted that teachers would continue to have flexibility to use supplementary materials based on student needs, and that students will not be negatively impacted by excused absences.

It is unclear what additional policies will be enacted, and how the currently known policies will be implemented. It is also unclear whether these changes will result in the amendment or revocation of existing regulations. The submissions below relate to the expected content of the regulations and all other public facing documents flowing from the passage of this Bill.

The mandatory use of Ministry prescribed learning resources may negatively impact students with disabilities who require accommodation in the form of alternative or modified learning materials. Although the proposed regulations may allow teachers to use supplementary materials, there is no indication that students would not be required to learn primarily from Ministry approved materials. Further, it is unknown whether the requirement for Ministry approved materials will cause students requiring accommodation to face delays and barriers that will undermine their ability to access a meaningful education. As the contents of the regulations are not known, the proposed amendments leave too much uncertainty regarding alternative learning materials.

ARCH is also concerned with the requirements of mandatory exams and modes of evaluation, without exemptions built into the law or regulation. Such rules and policies may have a disproportionate impact on students whose disabilities may make them unable to attend school or participate in an evaluation on the scheduled day. The proposed changes fail to address these circumstances. Although the Ministry has expressed that students will not be negatively impacted for excused absences, it is unclear to what extent students will need to document their absence. It is also unclear whether an excused absence includes an absence for disability related reasons. These changes may lead to increased scrutiny and burdensome documentation requirements being placed on students who are absent for disability related reasons.

Moreover, the Bill does not address the longstanding issue of students not being able to attend school, whether that be for a full day or partial day, because of the school and school board’s failure to accommodate the student and understand their disability as a mitigating factor. Students with disabilities are often absent from school as a result of the school dismissing the student early, or excluding the student under the Education Act. In a 2018 survey conducted by ARCH and its partners, approximately 45% of respondents stated that at one time or another they had to keep their child home from school as a result of a lack of accommodations or other services. More than half of parents also reported that their child’s day had been shortened, many of them citing reasons that were not related to the student’s needs (e.g. staffing shortages, transportation scheduling issues). These students lost on average 3.86 hours out of a 6 hour school day. (endnote 5) It is unclear how attendance and participation would be accounted for in these circumstances and whether such situations would be considered excused absences.

It is also unclear how participation will be evaluated, specifically for students who require accommodation in the form of alternative methods of participation, or who require other accommodations to participate. ARCH has been advised of many situations where teachers choose not to request participation from students with communication disabilities, as it may require the teacher to be involved in communication. We are fearful that these students will be penalized, even though their lack of participation is related to the failure of the school to accommodate their disability.

ARCH recommends that the Bill clearly set parameters for the development of any regulations, guidelines, orders, or directives made under it to:

3. Require that all changes to learning resources be made in accordance with the Code, which would require students with disabilities to receive accommodations. This includes that accessible and alternative formats of learning materials be available to students who require accommodations to meet disability related needs. It must be ensured that delays in receiving such materials will not pose a barrier to students accessing meaningful education.
4. Allow for and require that any form of evaluation, such as mandatory exams or participation grades, take into account human rights obligations under the Code, including by:

• allowing for alternative forms of evaluation to be used when it is necessary to meet a student’s disability related needs. This includes providing alternative forms of participation and individualized accommodations that would allow students to participate in any assessment or evaluation.
• allowing students who cannot attend school as a result of disability to participate in evaluations on an alternate day without consequences.

5. Ensure that absences that occur because of disability or the actions of the school/ board, including the failure to accommodate, are considered excused absences such that they will not negatively impact grades, and that the Bill adopt the broad conceptualization of disability consistent with the Code.
6. Require that safeguards be implemented to ensure that requirements for documentation do not create barriers for students with disabilities when attempting to validate absences

Changes to Board Leadership

Sections 24-25 of Schedule 2 of this Bill propose major changes to the current school board structure. The director of education of each board will become the chief executive officer (CEO), who in turn will appoint a chief education officer (CEdO). The CEdO must be a member of the Ontario College of Teachers or have equivalent qualifications. The Minister will be able to make regulations prescribing the powers, duties, responsibilities and qualifications of the CEdO. The Bill also allows for regulations to be created that would require the CEO to confirm certain motions or resolutions passed by the board. There is no indication that the requirement of CEO approval would be limited to financial matters. The Ministry has clarified that the CEO may also serve as the CEdO if they are qualified in both areas.

Although not specified in the Bill, the Ministry has provided that the CEO will have business qualifications and will be responsible for financial and operational oversight, including overseeing school board administration, budget development, and resource allocation. The Ministry has stated that the authority to hire the CEO would be with the Board of Trustees, but that Ministerial approval will be required to terminate the CEO.

This proposed restructuring significantly shifts decision making power away from those with educational backgrounds and expertise, instead prioritizing finances by giving a significant level of decision-making authority to an individual who is not required to have an educational background. This risks adversely impacting all students, as well as students with disabilities, as finances and budgeting may take precedent over vital educational decisions in this new structure. In addition, financial and resource allocation decisions have a direct impact on students’ access to accommodations.

ARCH recommends that the Bill and any regulations, guidelines, orders, or directives made under it are drafted to:

7. Require that any individual who serves as CEO receive mandatory education and training on human rights and the rights of students with disabilities.
8. Require that the CEO consult with the CEdO and other executives before making any decisions about resource allocation to ensure that no resource allocation decision negatively impacts students with disabilities.
9. Require that the CEO consider the impact on the rights of students with disabilities before making any decision or taking any action pursuant to a power granted in this Bill or any regulations, guidelines, orders, or directives made under it.

Construction, Alteration, and Improvement of School Buildings

The Bill in sections 9-10 shifts responsibility to the Minister for matters related to the construction, renovation, or improvement of school buildings. We endorse the AODA Alliance’s submission that it is essential to ensure that schools are accessible to students, staff, family members and the public with disabilities.

We endorse the AODA Alliance’s recommendations, in particular, that the Bill should be amended to require that all new school construction is accessible to students with disabilities, and to go beyond the accessibility requirements of the Ontario Building Code and Accessibility for Ontarians with Disabilities Act accessibility standards by adopting and implementing the recommendations for accessible school built-environment design in the January 28, 2022 final report of the Government-appointed K-12 Education Standards Development Committee.

Amendments to Ontario College of Teachers Act

The Bill in Schedule 4, s. 1(2)(1.1) proposes amendments to the Ontario College of Teachers Act, 1996, that allow for regulations to be made requiring areas of study to be included in professional teacher education programs. The Ministry has provided that the Bill would also allow for the exploration of advanced standing and recognition in the form of a 1-year program largely consisting of a practicum requirement, for individuals with specific prior learning and experience.

ARCH recommends that:

10. The Bill be amended to ensure that any professional teacher education program, including any new or expedited program that is created, is made in compliance with the final report of the Government-appointed K-12 Education Standards Development Committee.

C. Conclusion

As mentioned above, time constraints have prevented ARCH from conducting an in-depth analysis of the Bill and considering at length its possible implications on students with disabilities and its intersection with the Education Act. However, the above is a brief overview of only some of our current concerns. It is our hope that as it moves ahead through further stages, the needs of students with disabilities will become part of any continued dialogue regarding Bill 101.

ARCH would like to bring attention to the fact that despite the aim of advancing student achievement, the Bill fails to address a number of issues in Ontario’s education system that have been of central concern to both ARCH and disability communities for years. Concerns have been raised repeatedly on the use of involuntary seclusions and restraints, the ineffectiveness of Individual Education Plans, and the improper use of exclusions under the Education Act. However, Bill 101 does not respond to or address any of these concerns. These issues significantly impact the rights of students in Ontario, which should be protected and advanced through any proposed amendments to the Education Act.

Please contact our office if ARCH can be of assistance in addressing some of these important issues affecting students with disabilities.

Appendix A

Recommendations:

1. The Bill be amended to require that the Minister must consult the public when developing any regulations, guidelines, orders or directions, make public any draft regulations, guidelines, or orders, and must allow sufficient time for the public to provide feedback.
2. The Minister be required to consider and publicly account for students with disabilities’ right to equal access to education when creating or amending a regulation, order, direction, or policy, and that no regulation, order, direction or policy create barriers for, or adversely impact, students with disabilities at school.
3. Require that all changes to learning resources be made in accordance with the Code, which would require students with disabilities to receive accommodations. This includes that accessible and alternative formats of learning materials be available to students who require accommodations to meet disability related needs. It must be ensured that delays in receiving such materials will not pose a barrier to students accessing meaningful education.
4. Allow for and require that any form of evaluation, such as mandatory exams or participation grades, take into account human rights obligations under the Code, including by:

• allowing for alternative forms of evaluation to be used when it is necessary to meet a student’s disability related needs. This includes providing alternative forms of participation and individualized accommodations that would allow students to participate in any assessment or evaluation.
• allowing students who cannot attend school as a result of disability to participate in evaluations on an alternate day without consequences.

5. Ensure that absences that occur because of disability or the actions of the school/ board, including the failure to accommodate, are considered excused absences such that they will not negatively impact grades, and that the Bill adopt the broad conceptualization of disability consistent with the Code.
6. Require that safeguards be implemented to ensure that requirements for documentation do not create barriers for students with disabilities when attempting to validate absences.
7. Require that any individual who serves as CEO receive mandatory education and training on human rights and the rights of students with disabilities.
8. Require that the CEO consult with the CEdO and other executives before making any decisions about resource allocation to ensure that no resource allocation decision negatively impacts students with disabilities.
9. Require that the CEO consider the impact on the rights of students with disabilities before making any decision or taking any action pursuant to a power granted in this Bill or any regulations, guidelines, orders, or directives made under it.
10. The Bill be amended to ensure that any professional teacher education program, including any new or expedited program that is created, is made in compliance with the final report of the Government-appointed K-12 Education Standards Development Committee.

Endnotes:

1. R.S.O. 1990, c. H. 19.
2. Convention on the Rights of Persons with Disabilities, GA Res 61/601, UNGAOR, 61st Sess, Supp No 49, UN Doc A/61/49 (14 January 2007) 65 at art 24(1) [CRPD].
3. https://archdisabilitylaw.ca/?s=aoda
4. Charles Beer, Charting a Path Forward: Report of the Independent Review of the Accessibility for Ontarians with Disabilities Act; (2005), online: https://www.ontario.ca/page/charting-path-forward-report-independent-review-accessibility-ontarians-disabilities-act; Mayo Moran, 2014 Legislative Review of the Accessibility of Ontarians with Disabilities Act; (2014), online: https://www.ontario.ca/document/legislative-review-accessibility-ontarians-disabilities-act; and David Onley, 2019 Legislative Review of the Accessibility of Ontarians with Disabilities Act; (2019), online: https://www.ontario.ca/page/accessibility-ontarians-disabilities-act-annual-report-2019
5. Reid, Bennett, Specht et. al, If Inclusion Means Everyone, Why Not Me?, 2018, online: https://archdisabilitylaw.ca/resource/paper-if-inclusion-means-everyone-why-not-me/

ARCH Disability Law Centre (ARCH) and Disability Justice Network of Ontario (DJNO) collaborated on a video series called “Know Your Rights”, informing you about your rights in Ontario schools. The video series includes videos produced by ARCH and other organizations.

ARCH lawyers and law students from the Disability Law Intensive (DLI) program produced many of the videos in this series. The topics include:

• Exclusions
• Physical Restraints
• Seclusion
• Shortened Days
• Human Rights and Education

Exclusions

Video 1 – Introduction to Exclusions
Video 2 – Laws and Policies: How are Exclusions Allowed to Happen?
Video 3 – Legal Defences to Exclusions and Negative Impacts on Students
Video 4 – General Legal Advice on Exclusions

Physical Restraints

Video 1 – Introduction to the Use of Physical Restraint and Seclusion
Video 2 – Legislation and Policy on the Use of Physical Restraint
Video 3 – Advocacy and Action: What to Do If You or Your Child Is Experiencing Physical

Seclusion

Video 1 – Introduction to the Use of Physical Restraint and Seclusion
Video 2 – Conditions for Seclusions
Video 3 – Advocacy and Action: What to Do If You or Your Child Is Experiencing Physical Restraint

Shortened Days

Video 1 – Introduction to Shortened Days
Video 2 – General Guidance on Shortened Days
Video 3 – Shortened Days: When They Are vs. Aren’t Allowed
Video 4 – Advocacy and Action: Shortened Days

Human Rights and Education

Video 1 – Students with Disabilities and Their Legal Rights
Video 2 – Roles and Responsibilities During the Accommodations Process
Video 3 – The Accommodations Process
Video 4 – Limits to the Duty to Accommodate

Please join ARCH Disability Law Centre and Respecting Rights on Wednesday, March 11th at 6:00 p.m for a virtual presentation at Community Living Toronto as part of their Community Engagement Speaker Series.

This presentation will focus on workplace accommodations for non-unionized employees through a lived experience perspective, including types of accommodations, challenges people with disabilities may experience at work, and situations when seeking legal advice from ARCH may be helpful.

To register, please contact Community Living Toronto’s Community Engagement Coordinator Tom Gaspar at [email protected]

FOR IMMEDIATE RELEASE

February 24, 2026

Toronto, Ontario, Canada – The Ontario Divisional Court released a significant human rights decision styled Bokhari v Top Medical Transportation Services, 2026 ONSC 1073. This decision is a judicial review of two Human Rights Tribunal of Ontario (“Tribunal”) decisions, marking an important victory for the rights of persons with disabilities. ARCH intervened in the judicial review, achieving systemic change for our clients and disability communities under the Ontario Human Rights Code (“Code”).

Mr. Bokhari brought a case to the Tribunal against his employer, alleging discrimination on the basis of disability after sustaining an injury which required him to take time off work. The Tribunal dismissed the case early in the process, ruling that his injury did not constitute a disability within the meaning of the Code and therefore the case was not within the Tribunal’s jurisdiction. On reconsideration, the Tribunal upheld its own decision and noted that it was using a new approach to determine jurisdictional issues, which had never been made known to the public. The Divisional Court reviewed these two decisions made by the Tribunal: 2022 HRTO 1424; 2024 HRTO 229.

ARCH intervened in this matter at the Divisional Court, and argued at the hearing that the Tribunal’s decisions undermined the dignity and full inclusion of persons with disabilities, focusing on an individual’s medical condition, rather than the barriers created by discriminatory policies and actions. The Court agreed with ARCH and stated that the Tribunal improperly adopted a biomedical model of disability and did not engage in a socio-political analysis, which required assessing all the facts, not simply the nature of the impairment without context. The Court also determined that the Tribunal’s new jurisdictional standard inevitably screens out applicants who would otherwise be protected under the Code.

“The Court was clear that the Human Rights Tribunal of Ontario must not improperly close its doors to applicants as it seeks to manage its caseload,” said Michael Gottheil, Senior Counsel at ARCH and former Chair of the Human Rights Tribunal of Ontario.

Ilinca Stefan, Staff Lawyer at ARCH Disability Law Centre underscores the importance of this decision by stating that, “[t]his decision serves as a reminder that the Tribunal cannot dismiss cases prematurely based on outdated notions of what constitutes a disability”.

ARCH will monitor the changes the Tribunal makes to its process as a result of this decision, which has significant implications for future and ongoing human rights applications.

About ARCH Disability Law Centre

ARCH Disability Law Centre is a specialty community legal clinic that practices exclusively in disability rights law. Since its incorporation in 1979, ARCH has been a leader in disability rights advocacy and test case litigation. ARCH is dedicated to defending and advancing the equality rights, entitlements, fundamental freedoms, and inclusion of persons with disabilities with low income in Ontario. ARCH is primarily funded by Legal Aid Ontario.

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Contact:

Michelle Way
Communications Coordinator
ARCH Disability Law Centre
Tel: 416-482-8255 or 1-866-482-2724 ext. 2243
Email: [email protected]

On December 3rd, 2025, ARCH Disability Law Centre and the Law Society of Ontario hosted our annual National AccessAbility Week program, which was originally scheduled to take place in May 2025, titled Ways Forward for Disability Rights in Canada: Community involvement in UN review processes. This event coincided with the International Day of Persons with Disabilities.

This year’s event focused on the role of international legal mechanisms in Canadian disability rights through discussion about the United Nations Committee on the Rights of Persons with Disabilities’ review of Canada. Panelists shared their experiences engaging in the United Nations’ processes and the role that the concluding observations have had in community-based activism.

The event featured a keynote from Professor Laverne Jacobs who at the time of the event was a member of the UN Committee on the Rights of Persons with Disabilities. Professor Jacobs explained the role of the Convention on the Rights of Persons with Disabilities and the role that the UN has in overseeing it implementation.

The recording is available on the Law Society of Ontario’s website:
Law Society of Ontario – ARCH Archived Webcast – Ways Forward for Disability Rights in Canada: Community involvement in UN review processes

NOTE: The recording starts at 3 minutes and 57 seconds.

The content leading up to the start of the recording includes the program agenda and advertisements.

The end message after the webcast recording: Thank you for attending the Equity Legal Education Series event. This concludes today’s webcast.

This recording features ARCH Disability Law Centre’s Human Rights Day panel discussion on December 10th, 2025. Panelists examine human rights from a disability perspective, discussing systemic barriers, disability rights and the importance of meaningful access to justice.

December 15, 2025

Today, the Faqiri family once again calls on the Government of Ontario to respond and take action following the Inquest Jury’s Recommendations released in 2023. Soleiman Faqiri was killed on December 15, 2016 while in a segregated cell at the Central East Correctional Centre awaiting to be transferred to the Ontario Shores Centre for Mental Health in Whitby. Mr. Faqiri was a person with a mental health disability who sustained obvious and brutal injuries that led to his death. In August 2020, the Ontario Provincial Police (OPP) decided not to lay charges against the correctional officers involved in the death of Mr. Faqiri. In 2023, the Inquest Jury ruled that Mr. Faqiri’s death was a homicide.

We repeat the calls of the Faqiri family for the Government of Ontario to issue an apology to the Faqiri family for Soleiman Faqiri’s death; and to appropriately implement all the recommendations made by the Inquest Jury, including the creation of a provincial corrections inspectorate.

ARCH’s thoughts continue to be with the Faqiri family who have suffered a devastating loss and continue to tirelessly advocate and fight for accountability, justice, and systemic change.

Press Conference is happening on December 15, 2025 at 10:00 am at Queens Park
Live Press Conference

A recording of the press conference is expected to be available later today (6:30 p.m.) via the Ontario Legislature Media Studio link shared above.

Please join ARCH Disability Law Centre and the Law Society of Ontario for the annual National AccessAbility Week program, which was originally scheduled to take place in May 2025. We are hosting the program on December 3rd to coincide with the International Day of Persons with Disabilities.

Wednesday December 3, 2025
5:30 pm to 7:30 pm
Virtual program

Canada ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010, agreeing to be bound by the terms of this multilateral treaty and to take part in United Nations review processes. In March 2025, representatives of federal and provincial governments appeared before the UN Committee on the Rights of Persons with Disabilities in Geneva for their latest review.

This program will offer insight and reflections into the Committee’s recent Concluding Observations and offer reflections from experts involved in disability rights work in Canada. Attendees will learn more about the reporting and review process, and the important role that civil society can have within that process. The panel discussion will highlight key findings of the Concluding Observations, discuss how they can be used to support disability rights advocacy, and consider how these recommendations can impact and inform our practice as legal practitioners.

Keynote Speaker:
Professor Laverne Jacobs, University of Windsor, Faculty of Law

Speakers:

• Bencher Mitch Kitagawa, Law Society of Ontario
• Robert Lattanzio, Executive Director, ARCH Disability Law Centre
• Elsie Tellier, Staff Lawyer, ARCH Disability Law Centre
• Dr. Susan L. Hardie, PhD, Eviance Executive Director
• Rohini Peris, Présidente et cheffe de la direction / President & CEO, Environmental Health Association of Canada, Association pour la santé environnementale du Québec
• Yan Grenier, Assistant Professor of Social Work, Université Laval
• Anne MacRae
• Kerri Joffe, Staff Lawyer, ARCH Disability Law Centre (on leave)

Please note that ASL interpreting and captioning will be available.

This program has been accredited for 2 hours of EDI Professionalism Content.

This public event is free. To receive the webcast link, please REGISTER

ARCH Disability Law Centre lawyer Devin Glim says the weight limit effectively denies access to air travel for most custom power wheelchair users.

WestJet article – Weight cap on power wheelchairs

Please join us on Wednesday December 10th 2025 at 2:00 PM for a panel discussion on human rights from a disability perspective, in celebration of Human Rights Day.

Our panel will feature people with disabilities sharing their experiences and perspectives on what matters most when it comes to human rights. This is a chance to learn, reflect, and engage in conversation about the rights of persons with disabilities in Ontario.

ASL interpretation and live captioning will be provided.

Moderators:
Michael Gottheil – ARCH Senior Counsel
Jessica Field – Community Outreach and Education Coordinator

Panelists:
Paul Scotland – Lawyer, disability activist and the Chair of ARCH’s Board of Directors
Brianne Taggart – Artist and disability advocate
Tara Gibson – Respecting Rights member and disability advocate

Presenter Bios

Paul Scotland
Paul Scotland was born and raised in Toronto, with the neuro tube defect Spina Bifida and Hydrocephalus. Paul holds an honours, Bachelor of Arts in Political Science from York University. He graduated from the University of Ottawa, Faculty of Law and is currently working as a federal crown lawyer in Toronto. Paul is also the current chair of ARCH Disability Law Centre’s Board of Directors and is dedicated to improving disability rights and fair access to justice across the province.

Brianne Taggart
Brianne Taggart is an artist and disability advocate from Kingsville, Ontario. She teaches art online and enjoys selling her artwork and photography. Brianne has been involved in advocacy initiatives since 2017 and is an active member of many groups such as the Community Living Ontario’s Council, New Day Leaders of Today, and the Speaking Out Conference planning committee. She is passionate about improving accessibility and community inclusion for people with intellectual or developmental disabilities across Ontario.

Tara Gibson
Tara Gibson is a volunteer with ARCH’s Respecting Rights project, where she helps educate people with intellectual or developmental disabilities about their decision-making rights. She also serves on the Bellwood’s Community Advisory Council, advising on issues residents face with housing and attendant care services. Living with Cerebral Palsy, a learning disability, and visual impairment, Tara brings passion and valuable perspective to disability rights advocacy.

Thank you attending our event. We will post the recording to our website and YouTube channel when it is available.