In Ontario's human rights laws, the term disability includes many conditions. For example, a disability can be a physical condition, a mental condition, a learning disability, a developmental disability, or a mental illness. Disability also includes being addicted to or dependent on drugs or alcohol.
You could be born with a disability. Or, you could have a disability because you were sick or injured.
The Disability Adjudication Unit (DAU) is part of the Ontario Disability Support Program (ODSP).
The DAU decides whether you meet the ODSP definition of a person with a disability.
They don’t interview you or give you a medical examination.
They make their decision using the information they get from you and the health professionals who complete forms about your disability.
You get a Disability Determination Package when you apply to the Ontario Disability Support Program (ODSP) and need an approved health professional to give information that proves you’re a “person with a disability”.
The package includes 4 forms:
- Self Report
- Consent to Release Medical Information
- Health Status Report
- Activities of Daily Living Index
You have to return the completed forms to the Disability Adjudication Unit.
Disbursements are extra costs related to your court case that you have to pay. For example, the cost of photocopying documents and court filing fees are disbursements. These amounts can be included in an order for cost consequences.
If you are discharged after a preliminary hearing, the judge has decided that there is not enough evidence to order you to stand trial in the Superior Court of Justice. Your court case will be over and you will not be convicted of the crime unless the crown appeals the discharge.
This is the information that the police and Crown have about your case. The Crown must give you all the disclosure they have about your case, unless it is covered by privilege. The disclosure may include:
- police officer’s notes
- witness statements
- surveillance video and photos
- financial documents
- medical records
It will be given to you on an ongoing basis as it made available to the Crown by the investigating police officers. You may have to go to court more than once to get all of your disclosure. You should wait until you have all of your disclosure before deciding whether to plead guilty.
When you miss a court date the court might order a special kind of warrant called a discretionary bench warrant. With a discretionary bench warrant, the court adjourns your case without ordering a bench warrant for your arrest. They will set a new date for your case. If a discretionary bench warrant is ordered, the police will not arrest you, but if you fail to show up on the new date, the discretionary bench warrant will usually become a full bench warrant and you may be arrested.
Discrimination happens when an employer, landlord, service provider, or organization you are a member of harasses you, treats you differently or unfairly, or refuses to accommodate you because of personal differences that are listed in the Human Rights Code. Examples of personal differences include a person’s ethnic origin, sex, sexual orientation, age, marital status, or disability.
Examples of discrimination include when an employer refuses to accommodate your disability in a way that would not cause them undue hardship. Or a landlord refuses to rent to you because of your ethnic origin. Or a travel agent refuses to serve you because of your sexual orientation. Or a trade union refuses to let you join because of your disability.