(no subject)
"Kids to argue age discrimination
Rights tribunal rules in disability suitDecision not law until adopted by courts
Jun. 28, 2006. 06:36 AM
ANNA PIEKARSKI
STAFF REPORTER
Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.
- Ontario Human Rights Code
In what could be a big win for little people, children under the age of 18 may now be able to complain they are being discriminated against due to their age, according to a ruling by the Human Rights Tribunal of Ontario.
"It does have potential to open up a lot of complaints," said Cheryl Milne, a staff lawyer at Justice for Children and Youth, of the ruling made last Friday.
Since the tribunal is a quasi-judicial body, the decision is not law unless it is adopted or cited by the courts.
But age discrimination could be considered, for example, in cases of teenagers lingering in coffee shops who are asked to leave, or youths who are not allowed to buy items because of their age.
"It's a big deal," Milne said. "They've never had any recourse before."
The tribunal is currently involved in a hearing where 118 disabled children are claiming the province is discriminating against them. The children, who have autism or Asperger's Disorder, receive provincially funded therapy until they are 6 years old.
Many of the children never get treatment because they are on a waiting list to receive the treatment, known as Applied Behaviour Analysis, and become too old before a spot is available.
"We believe people should have equal access to this therapy," said Hélène Mogyorodi, who spends $1,400 a month on therapy for her 9-year-old autistic son Sam.
The parents argue that their children are being discriminated against because of their disabilities while the province argued it is actually age discrimination.
If a person is under 18, Ontario's Human Rights Code does not currently allow them to claim age discrimination.
Last week the tribunal ruled against the province, saying that not allowing the children to claim discrimination based on their age would be a violation of rights guaranteed in the Charter of Rights and Freedoms.
"In the Commission's view, children will be treated equally only if they are allowed access to the human rights regime the same as adults," vice-chair Patricia E. DeGuire wrote in her decision.
"If the answer would have been no, they couldn't talk about age," said Sharon Ffolkes-Abraham, a lawyer at the Ontario Human Rights Commission.
The hearing on whether the autistic children are being discriminated against continues."
link to article
Rights tribunal rules in disability suitDecision not law until adopted by courts
Jun. 28, 2006. 06:36 AM
ANNA PIEKARSKI
STAFF REPORTER
Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.
- Ontario Human Rights Code
In what could be a big win for little people, children under the age of 18 may now be able to complain they are being discriminated against due to their age, according to a ruling by the Human Rights Tribunal of Ontario.
"It does have potential to open up a lot of complaints," said Cheryl Milne, a staff lawyer at Justice for Children and Youth, of the ruling made last Friday.
Since the tribunal is a quasi-judicial body, the decision is not law unless it is adopted or cited by the courts.
But age discrimination could be considered, for example, in cases of teenagers lingering in coffee shops who are asked to leave, or youths who are not allowed to buy items because of their age.
"It's a big deal," Milne said. "They've never had any recourse before."
The tribunal is currently involved in a hearing where 118 disabled children are claiming the province is discriminating against them. The children, who have autism or Asperger's Disorder, receive provincially funded therapy until they are 6 years old.
Many of the children never get treatment because they are on a waiting list to receive the treatment, known as Applied Behaviour Analysis, and become too old before a spot is available.
"We believe people should have equal access to this therapy," said Hélène Mogyorodi, who spends $1,400 a month on therapy for her 9-year-old autistic son Sam.
The parents argue that their children are being discriminated against because of their disabilities while the province argued it is actually age discrimination.
If a person is under 18, Ontario's Human Rights Code does not currently allow them to claim age discrimination.
Last week the tribunal ruled against the province, saying that not allowing the children to claim discrimination based on their age would be a violation of rights guaranteed in the Charter of Rights and Freedoms.
"In the Commission's view, children will be treated equally only if they are allowed access to the human rights regime the same as adults," vice-chair Patricia E. DeGuire wrote in her decision.
"If the answer would have been no, they couldn't talk about age," said Sharon Ffolkes-Abraham, a lawyer at the Ontario Human Rights Commission.
The hearing on whether the autistic children are being discriminated against continues."
link to article