(PDF) Grounds of
Protection in BC
Disability- Physical or
Mental
“Disability is not
defined in the legislation but has evolved to
include protection for people who have, or
are perceived to have a mental or physical
disability whether visible or non visible,
permanent (e.g. a visual or mobility
impairment), or temporary (e.g. a treatable
illness or temporary impairment which is the
result of an accident)
“Specific disabilities
are not named in the statute allowing for a broad
interpretation. All major diseases and
illnesses are included...
“The duty to
accommodate is well established in
case law and requires employers and
service providers to accommodate special
needs short of undue hardship, including
those of people with disabilities.
“Many references
sources exist for understanding and addressing
issues ...we often refer to... Canadian
Human Rights Commission”
(PDF) Perceived
Disability Protection page 1/2 4th
paragraph
"...the court held that
the rules regarding construction of statutes
support a broad interpretation of the
word ‘handicap' which can include
anomalies that do not cause functional
limitations and can also include
ailments related to health.
...the terms handicap
and disability include and actual or
perceived disability. The emphasis
is on the effect of the extinction or
exclusion and not on the precise nature of
the handicap, nor its cause or origin
which are immaterial. In addition, the Charter
also prohibits discrimination based on
the possibility that an individual may
develop a handicap in the future.
“The term ‘handicap’ must
not be confined within a narrow definition
that leaves no room for flexibility”...
