Our Legal Action

CCD advances disability rights through our involvement in equality rights cases at all levels of court. When a case has the potential to change the law to reduce discrimination against people with disabilities, we consider whether we have the resources to become involved. CCD is only able to take on cases that will have the greatest impact on disability rights in Canada.

CCD has participated in many important cases that have helped establish disability rights in Canada. 

The Disability Justice Litigation Initiative:

• Provides advice and leadership on the human rights initiatives undertaken by CCD
• Identifies human rights issues of concern to persons with disabilities that could be addressed through law reform initiatives
• Selects human rights/equality rights test cases that will advance the rights of persons with disabilities

The CCD has intervened in landmark disability rights cases before the Supreme Court of Canada including:

Andrews v Law Society of British Columbia, [1989] 1 SCR 143, establishing the discrimination analysis under section 15 of the Charter;

Battlefords and District Co-operative Ltd v Gibbs, [1996] 3 SCR 566, involving discrimination against employees with mental health disabilities under the Saskatchewan Human Rights Code, S.S. 1979, c. S-24.l;

The Social Policy Team:

• Identifies social policy issues of national concern to persons with disabilities
• Provides advice to CCD National Council on reforms that would improve the social and economic participation of Canadians with disabilities

The CCD was founded by persons with disabilities to ensure that the voice of persons with disabilities is reflected in the development of law and policy. CCD is dedicated to promoting the rights, full participation of, and equal opportunity for, persons with disabilities in all aspects of society including employment, education, transportation and health care.  CCD also works to remove barriers to accessibility and advocate for inclusive communities.  The CCD engages in law reform, policy development, and strategic systemic test case litigation to further its mandate.

The Transportation Portfolio:

• Identifies transportation issues of national concern to persons with disabilities
• Provides advice to CCD National Council on reforms that would improve the transportation access of Canadians with disabilities
• Convenes working groups regarding specific transportation issues such as: CTA Working Group that is currently involved in monitoring the implementation of the Accessible Transportation for People with Disabilities Regulations (ATTDR)

CCD seeks to focus attention on and prevent private and societal actions that make people with disabilities die prematurely. Death-making is rooted in fear, prejudice and negative perceptions about life with a disability.

The International Portfolio:

• Provides advice and leadership on international issues that effect persons with disabilities
• Identifies international issues of concern to persons with disabilities
• Provides advice to CCD National Council and the federal government on reforms that would improve the affect of Canada's foreign aid and policy on persons with disabilities.
• Monitors and advises on the implementation on the United Nations Convention on the Rights the Persons with Disabilities (CRPD) in Canada

The Latimer case directly concerned the rights of persons with disabilities. Mr. Latimer's view was that a parent has the right to kill a child with a disability if that parent decides the child's quality of life no longer warrants its continuation. CCD explained to the court and to the public how that view threatens the lives of people with disabilities and is deeply offensive to fundamental constitutional values.