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In the workplace, human rights case law establishes that potential accommodations that would fundamentally alter the nature of the employment relationship need not be provided. The same would likely be true in the education context.
Education and training are often seen as a panacea to all human rights problems. However, in isolation from other initiatives, education and training are unlikely to succeed in fostering a non-discriminatory environment. Similarly, inadequate education and training are not likely to be effective in bringing about a change in attitudes or behaviour.
[33] The OHRC has prepared an eLearning video to help organizations understand the relationship between the AODA and the Human Rights Code. Working Together: The Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act: www.ohrc.on.ca/en/learning/working-together-ontario-human-rights-code-and-accessibility-ontarians-disabilities-act.
[169] Education providers should also be aware of their responsibilities under the AODA, supra note 7, and the accessibility provisions of the Ontario Building Code Act, 1992, S.O. 1992, c. 23 which governs the construction of new buildings and the renovation and maintenance of existing buildings. If accessibility standards under the AODA fall short of requirements under the Code in a given situation, the requirements of the Code will prevail. Similarly, organizations cannot rely only on the requirements of the Ontario Building Code, but must consider their obligations under the Human Rights Code. The Human Rights Code prevails over the Building Code and organizations may be vulnerable to a human rights claim if their premises fall short of the requirements of the Human Rights Code. Relying on relevant building codes has been clearly rejected as a defence to a complaint of discrimination under the Human Rights Code: see, for example, Quesnel v. London Educational Health Centre (1995), 28 C.H.R.R. D/474 [Quesnel].
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