Disability in Canada: Definition, Statistics, Legislation and Employment

Canada, the world’s second-largest country by area, is known globally for its scenic beauty. And, let’s not forget, its well-deserved reputation as one of the friendliest places on earth. In this article, we will explore Canada from the viewpoint of disability. Let us see what it is like for a person with a disability to be in Canada.

Disability Definition in Canada

The Definition of Disability in Canada is provided by the Canadian Human Rights Act. It is worth noting that the statute is meant for all ‘humans’ and not only for ‘persons with disabilities’. Intending to ensure equal opportunities for all, the statute prohibits any type of discrimination based on thirteen specifically mentioned grounds, including disability.

Disability, according to the Canadian Human Rights Act, can be defined as a physical or mental condition that is permanent, episodic, ongoing, or of some persistence that is significant enough to limit a person’s ability to carry important life activities. The disability may be visible or invisible like cognitive, behavioral, learning or any mental health issues.

Disability Statistics of Canada

According to the 2017 Canadian Survey on Disability 22% of Canadians, over 15 years of age are inflicted with one or more disabilities. This translates to about 6.2 million individuals with disabilities. Women with disabilities (24%) have a greater percentage than men (20%).
The most common types of disability reported by Canadians are related to pain, flexibility, mobility and mental health.

76% of persons with mild disabilities were reported to be gainfully employed while 31% of those with a severe disability had a job. So, persons with severe disabilities are more likely to be living in poverty as compared to persons with mild disabilities and persons without disabilities.

Disability-Related Legislation in Canada

Canada has ratified the United Nations Convention on the Rights of Persons with Disabilities in 2010. But, interestingly, there’s no specific statute for persons with disabilities as of yet. The Proposed Canadians with Disabilities Act has not been enacted yet.

As of now, all the rights of persons with disabilities are embedded in the general statute of Canada. Despite not having a separate statute, persons with disabilities do have equal rights as the citizens without disabilities.

The Canadian Human Rights Act, 1977

The law, as mentioned above, defines disability and prohibits any kind of discrimination against persons with disabilities. The law is applicable to the federal government, private companies regulated by the government and first nations. None can discriminate against persons with disabilities while providing service or employing them. Any individual or group of individual have the right to complain against any discriminatory practices to the Canadian Human Rights Commission.

The Canadian Charter of Rights and Freedoms

The charter is a part of the Canadian constitution. Section 15 of the charter makes it clear that every Canadian is equal regardless of their race, religion, national or ethnic origin, color, sex, age or physical and mental disability.

Further, Section 15(2) of the charter titled as ‘affirmative action programs’ allows special programs and initiatives to be taken for the upliftment of disadvantaged people. Programs and initiatives for creating special employment opportunities for persons with physical or mental disabilities are protected under this section.

The Employment Equity Act

The Act was enacted for the purpose of achieving equality in the workplace. It specifies that no person, including a person with a disability, shall be denied any employment opportunities or benefits based on a reason unrelated to the ability to fulfill the job requirement. The Act also specifies that equality here does not mean treating everyone the same way. Special measures and accommodation of differences need to be made, where required.

Accessible Canada Act, 2019

The Act aims at making Canada barrier-free by identifying and removing accessibility barriers and preventing new barriers. The law is applicable in areas under federal jurisdiction. When we talk about barriers, it isn’t only the infrastructural barriers. Accessibility, as per the Accessible Canada Act, need to be created in –

• Employment
• The built environment
• Information and Communication technologies; communication other than information and communication technologies
• Procurement of goods, services and facilities
• Design and delivery of programs and services
• Transportation
• Other areas as designated

Laws Relating to Employment of Persons with Disabilities in Canada

Unlike most of the countries, Canada does not provide any job reservations or quota for the employment of persons with disabilities. But, the government of Canada encourages employers for hiring persons with disabilities and creating inclusive workspaces. The employers are also provided with financial help for making their workplaces more accessible.

‘Duty to Accommodate’ is a guiding law for employers. It mandates removing any discriminatory barriers and providing accommodation to the employees up to the point it does not put undue hardship to the employer.

No employer, according to Canadian laws, can ask an employee about their disability status unless they are responding to a request for accommodation by the employee. For the purpose of implementing employment equity, an employee can be included as a person with a disability only if the employee identifies herself as a person with a disability to the employer or agree to be identified as such.

Organizations are allowed by the law to develop ‘special programs’ for persons with disabilities and enhance their status in society.