Policy on preventing discrimination based on Mental health disabilities and addictions Ontario Human Rights Commission

Introduction »From 2009 – 2011, the OHRC conducted province-wide mental health consultation »In 2012, OHRC released consultation report, Minds that Matter »We committed to developing a policy on mental health and addictions

Introduction (cont’d) »We heard about a range of barriers faced by people with mental health disabilities and/or addictions – The policy focuses on employment, housing and services »Policy describes in detail how Code applies to mental health and addictions issues

Ableism, negative attitudes, stereotypes and stigma »Can lead to inaccurate assessments and unfair practices »Extreme stigma may result in people being afraid to disclose their disabilities to others and failing to get the support they need »Where ableism, negative attitudes, stereotypes and stigma result in discrimination, they will contravene the Code

Legal framework »Ontario Human Rights Code »Charter of Rights and Freedoms »Accessibility for Ontarians with Disabilities Act »Convention on the Rights of Persons with Disabilities

Intersecting grounds »Discrimination may be unique when it occurs based on two or more Code grounds »Organizations must take intersectionality into account when designing their programs, policies and environments

Forms of discrimination »May be direct, indirect, subtle, “adverse effect,” etc. »May include: – Profiling based on mental health – Harassment – Poisoned environment – Systemic discrimination

Mental health and addictions programs, laws and policies »Subject to the Code »Selection process and criteria are open to scrutiny – e.g. under-inclusive criteria »Must ensure equality, respond to individual needs, uphold dignity »Same applies to special programs

Duty to accommodate »Three principles of accommodation: 1.Respect for dignity 2.Individualization 3.Integration and full participation »Inclusive design

Duties and responsibilities in accommodation process »Duties of accommodation seeker – Make needs known to the best of their ability – Participate in process – Answer relevant questions »Responsibilities of organizations – Accept request in good faith – Take an active role – Get expert advice

Duty to inquire about accommodation needs »People may not be able to identify needs »They may be reluctant to disclose needs due to extreme stigma around psychosocial disabilities »Organizations have a duty to inquire about accommodation needs – Offer assistance and accommodation – Before discipline

Medical information to be provided »Impacts on privacy of accommodation seekers »Some medical information is necessary to facilitate accommodation »Information should be the least intrusive of person’s privacy

Undue hardship Three considerations: »Cost »Outside sources of funding, if any »Health and safety requirements, if any – high probability of substantial harm to anyone will amount to undue hardship – dignity of person with accommodation needs must be considered – least intrusive means to address risk should be used

Consent and capacity »Complex legal framework dealing with consent and capacity issues – Code has primacy »Relevant human rights principles: – inclusive design – individualized assessment – respect for dignity, autonomy, confidentiality – opting for the least intrusive and restrictive options, wherever possible – integration and full participation, wherever possible

Preventing and responding to discrimination »Ultimate responsibility rests with employers, housing providers, service providers and other organizations covered by Code »Policy outlines: 1)Barrier prevention, review and removal 2)Data collection and monitoring 3)Developing human rights policies and procedures 4)Education and training