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Download report: PDF [457K] Publication également disponible en français © Her Majesty the Queen in Right of Canada, represented by the Minister of Canadian Heritage and Official Languages, 2014 Catalogue No. Canada is pleased to present to the Committee on the Rights of Persons with Disabilities its initial report under the Convention on the Rights of Persons with Disabilities (the "Convention").
Canada ratified the Convention on March 11, 2010 and it entered into force for Canada on April 12, 2010. Canada is committed to upholding and safeguarding the rights of persons with disabilities and enabling their full participation in society.
System Administration to provide equal access and opportunity to applicants and employees having a known physical or mental impairment as defined under the Rehabilitation Act of 1973, Title I of the Americans with Disabilities Act (ADA) of 1990, or the Texas Commission on Human Rights Act. 4.1 Reasonable accommodation will be made unless departmental management can demonstrate that doing so would cause an undue hardship for the U. All offices and individuals responsible for reviewing and analyzing the request will maintain the confidentiality of all medical and disability-related information concerning applicants and employees.
System prohibits discrimination on the basis of disability in all aspects of the application process and the employment relationship. 4.2 A department head who believes that a requested accommodation would constitute undue hardship must submit a written statement of explanation.
In 1999, the Supreme Court ruled (Sutton Kirkinburg) that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when using a "mitigating measure." What that meant is that even though clinical depression is a permanent condition, if you were able through medications and therapy to perform major life activities without difficulty you would not have met the ADA's definition of "disability." For example, if someone was under treatment with medications and therapy, in order to be protected they would have had to prove that their job performance was still compromised by illness despite being in treatment.
In 2008, an amendment was added to this act that affects those living with depression and other "invisible" conditions, greatly broadening the definition of who may qualify.
The Canadian Bill of Rights (the "Bill of Rights") was the first federal law to specifically set out fundamental human rights for all Canadians. Governments at all levels are responsible for implementing the Convention.In addition to including bodily function, this act made it clear that an impairment is still a disability if it is episodic or goes into remission, as long as it limits a major life function or bodily system when active.In other words, the determination should be made regardless of the effect of mitigating measures such as medication, lifestyle changes, or therapy.Following the introduction, Part I provides information from all jurisdictions on Articles 1–7, 12 and 31–33 of the Convention.Part II focuses on specific measures taken by each F-P/T government, organized by thematic clusters. The report was prepared collaboratively by F-P/T governments.