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Difference between revisions of "BC Human Rights Code (6:III)"
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BC Human Rights Code (6:III) (view source)
Revision as of 21:43, 20 December 2022
, 21:43, 20 December 2022→6. Physical or Mental Disability
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#[T]he social, legislative or other response to that impairment and/or limitations… assessed in light of the concepts of human dignity, respect and the right to equality. | #[T]he social, legislative or other response to that impairment and/or limitations… assessed in light of the concepts of human dignity, respect and the right to equality. | ||
Furthermore, according to ''Morris'' at para 207, proof of impairment and/or limitation, while relevant, will not be required in all cases. See ''[https://www.canlii.org/en/bc/bchrt/doc/2013/2013bchrt40/2013bchrt40.html McGowan v Pretty Estates]'', 2013 BCHRT 40 at | Furthermore, according to ''Morris'' at para 207, proof of impairment and/or limitation, while relevant, will not be required in all cases. See ''[https://www.canlii.org/en/bc/bchrt/doc/2013/2013bchrt40/2013bchrt40.html McGowan v Pretty Estates]'', 2013 BCHRT 40 at paras 26-28 for more information. | ||
The protection of the HRC extends to those who are perceived to have a disability or to be at risk of becoming disabled in the future. As such, the Tribunal has rejected the application of strict criteria to determine what constitutes a physical or mental disability. For example, protection has been specifically applied to persons with AIDS, persons who are HIV positive, and persons believed to be HIV positive. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2005/2005bchrt177/2005bchrt177.html McDonald v Schuster Real Estate]'', 2005 BCHRT 177 at para 24 and ''[https://www.canlii.org/en/bc/bchrt/doc/1999/1999canlii35199/1999canlii35199.html J v London Life Insurance Co]'' (1999), 36 CHRR D/43 at para 42 [''London Life Insurance'']. | The protection of the HRC extends to those who are perceived to have a disability or to be at risk of becoming disabled in the future. As such, the Tribunal has rejected the application of strict criteria to determine what constitutes a physical or mental disability. For example, protection has been specifically applied to persons with AIDS, persons who are HIV positive, and persons believed to be HIV positive. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2005/2005bchrt177/2005bchrt177.html McDonald v Schuster Real Estate]'', 2005 BCHRT 177 at para 24 and ''[https://www.canlii.org/en/bc/bchrt/doc/1999/1999canlii35199/1999canlii35199.html J v London Life Insurance Co]'' (1999), 36 CHRR D/43 at para 42 [''London Life Insurance'']. | ||
