The disability law in Canada seeks to increase opportunities for people with disabilities and reducing barriers when trying to participate in various activities in society. The country has a robust legislative framework that protects people with disabilities. Also, the federal government has programs for supporting Canadians living with disabilities.
The Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act are the main legal provisions that protect people with disabilities from being discriminated against. The former outlines the basic rules about how the country operates. Section 15 of this chapter states that every resident is equal irrespective of their age, ethnicity, mental and physical disability.
This means the government is prohibited from discriminating on these grounds when rolling out its programs or making decisions. The disability law also allows for specific policies and programs for improving the living standards of disadvantaged people. For example, there are programs to improve employment for people with disabilities.
On the other hand, the Canadian Human Rights Act protects residents from discrimination when receiving services or hired by the government and private firms. It also prohibits discriminating against individuals due to any form of disability. In the event of an infringement of these rights, you can file disability claims. However, in some cases, you may not succeed when trying to seek compensation. Here are some of the reasons:
1. The Disability Is Not Severe
Your claim may be denied if it is determined that your disability is not severe as defined in the relevant regulations. According to the law, disability is considered severe if someone cannot engage in gainful employment.
2. Late Application
Another common reason for denial is a failure to apply soon enough after experiencing disabilities. For example, if you take too long to apply for a claim, you may fail to meet the four out of six-year criteria as stipulated in the law. If you would like to learn more, visit Disability lawyer Toronto for additional resources.
3. Failure to Provide Adequate Medical Evidence
The law requires you to prove your condition by providing evidence in the form of letters from medical practitioners, medical reports, and your employability. Failure to understand this is likely to lead to the denial of your claim.
4. Failure to Understand the Applicable Disability Terms and Regulations
While the information on eligibility for disability claims is clearly outlined on different websites, it is written in complex legal terms, and many people may not understand. Understanding and adhering to the relevant terms will improve the chances of getting compensation.