Ang Iyong mga Karapatan

Applies to: Every child in Canada, every province and territory.

Every child has the right to attend their neighbourhood school and receive appropriate accommodations. This is established through provincial education acts and reinforced by the Canadian Charter of Rights and Freedoms.

What This Means

• Your child cannot be refused enrollment because of their disability
• Your child has the right to an Individual Education Plan (IEP)
• You have the right to participate in creating and reviewing the IEP
• Your child has the right to accommodations (extra time, modified curriculum, assistive technology, EA support)
• Your child has the right to be educated with non-disabled peers to the greatest extent appropriate (inclusion)
• The school must provide necessary supports — they cannot say "we don't have funding"

What to Do If the School Says No

1. Put your request in writing (email is fine)
2. Request a meeting with the principal and special education team
3. Bring your child's diagnosis documentation and therapy reports
4. If the school refuses, escalate to the school board superintendent
5. File a complaint with your provincial human rights commission
6. Contact a disability advocacy organization for support

By Province

Applies to: Everyone with a disability in Canada, in all areas of life.

The Canadian Human Rights Act (federal) and provincial human rights codes protect people with disabilities from discrimination in employment, housing, services, and education.

Duty to Accommodate

Employers, landlords, schools, and service providers have a legal obligation to accommodate people with disabilities up to the point of "undue hardship." This means they MUST make changes unless it would cause significant cost or safety risk — and the bar for "undue hardship" is very high.

Examples of Accommodation

• Employment: Modified work hours, ergonomic equipment, work from home, job restructuring, leave for medical appointments
• Housing: Allowing service animals, installing grab bars, accessible parking spot, modifying no-pet policies
• Education: IEP, extra time on tests, assistive technology, modified curriculum, EA support
• Services: Wheelchair access, sign language interpretation, large print materials, scent-free environments

What to Do If You're Denied Accommodation

1. Ask for the accommodation in writing
2. Provide medical documentation supporting the need
3. If denied, ask for the reason in writing
4. File a complaint with your provincial/territorial human rights commission
5. Complaints are free to file
6. You do not need a lawyer (but can get free help from legal clinics)

Human Rights Commissions

Accessible Canada Act (Federal, 2019)

The Accessible Canada Act aims to make Canada barrier-free by 2040. It applies to federally regulated organizations (banks, airlines, telecoms, federal government, Crown corporations).

What it covers:

• Employment
• Built environment (buildings, spaces)
• Information and communication technology
• Programs and services
• Transportation
• Procurement

Who to complain to: Accessibility Commissioner of Canada (part of the Canadian Human Rights Commission)

Provincial Accessibility Laws

You Have the Right to Apply

Every benefit described on Able Canada is available to anyone who meets the eligibility criteria. You do not need a referral. You do not need permission. You have the right to apply.

You Have the Right to Appeal

Every denied benefit can be appealed.This is the most important right most families don't know.

Key Facts About Appeals

• Most denials are reversed on appeal. The DTC denial rate is high (~40%) but the appeal success rate is also high. Don't accept the first "no."
• Appeals are free. You do not pay to appeal any federal benefit.
• You can represent yourself. You don't need a lawyer for most appeals.
• Free legal help exists — Legal Aid, community legal clinics, ARCH Disability Law Centre (ON), Disability Alliance BC.
• Get the denial in writing. Always request the written reason for denial.
• Don't miss the deadline. Appeal time limits are strict. Mark the date you receive the denial letter and count forward.

Employment Insurance — Caregiving Benefits

• Family caregiver benefit for children: Up to 35 weeks of EI for parents caring for a critically ill or injured child under 18
• Family caregiver benefit for adults: Up to 15 weeks of EI for caring for a critically ill or injured adult family member
• Compassionate care benefit: Up to 26 weeks of EI for caring for a family member with a serious medical condition with a significant risk of death

Job Protection

• Under federal and most provincial employment standards, your job is protected while you're on EI caregiving leave
• You cannot be fired for taking caregiver leave
• You cannot be fired for requesting disability accommodation for your child

Workplace Accommodation for Caregivers

• Human rights law protects "family status" in most provinces
• Employers must accommodate your caregiving responsibilities unless it causes undue hardship
• This includes: flexible hours, working from home, unpaid leave for medical appointments, schedule adjustments
• If denied, file a human rights complaint

Accommodation in Housing

• Landlords cannot refuse to rent to you because of your or your child's disability
• Landlords must accommodate disability needs (install grab bars, allow service animals, accessible parking)
• Condo boards must accommodate disability needs
• "No pets" policies cannot override service animal rights

Accessible Housing

• Most provinces have building codes requiring accessibility in new multi-unit buildings
• Home modification programs exist (Home Accessibility Tax Credit, provincial programs)
• Social housing waitlists often prioritize families with disability

Your Child's Medical Information

• PHIPA (Ontario) / provincial health privacy acts: Your child's medical information is confidential. It cannot be shared without your consent.
• Schools: Schools can know about your child's diagnosis for IEP purposes but cannot share this with other parents, students, or unauthorized staff.
• Employers: Your employer does not need to know your child's specific diagnosis. They only need to know you have a caregiving need that requires accommodation.
• CRA: Your DTC and benefit information is confidential.

PIPEDA (Federal Privacy Law)

• Organizations collecting personal information about your disability must have your consent
• You have the right to access any personal information an organization holds about you
• You have the right to correct inaccurate information
• File complaints with the Privacy Commissioner of Canada

Air Travel

• Canadian Transportation Agency (CTA) Accessible Transportation for Persons with Disabilities Regulations
• Airlines must accommodate passengers with disabilities at no extra charge
• One person designated to assist can fly at reduced or no cost (CTA-approved disability)
• Service animals must be accommodated
• Wheelchairs and mobility devices are carried free of charge
• If your mobility device is damaged, the airline must pay for repair or replacement

Public Transit

• Most major cities have accessible transit (low-floor buses, accessible stations)
• Paratransit / specialized transit for people who cannot use regular transit
• Accessible parking permits — every province issues them (through your doctor)
• Disability travel cards (Easter Seals) for reduced fares

• Every Canadian citizen has the right to vote, regardless of disability
• Polling stations must be accessible
• Assistance with marking a ballot is available
• Voting from home is available if you cannot attend a polling station

People with disabilities experience abuse at higher rates. Types include physical, emotional, financial, sexual, neglect, and institutional abuse.

If you or someone you know is experiencing abuse:

• Call 911 if in immediate danger
• Contact your provincial abuse hotline
• Contact your provincial disability advocacy organization
• People with disabilities in institutions (group homes, care facilities) have the right to be free from restraint except in genuine emergencies