“Learning to read is not a privilege, it is a human right.”
Renu Mandhane, former OHRC Chief Commissioner, 2019
In Canada, since the early 2000s, dyslexia has been recognized under the psychological assessment category “learning disability.” Learning disabilities fall on a spectrum of severity from mild to severe. If a learning disability is assessed and diagnosed as severe enough to impact one’s daily activities, dyslexia may be considered as a disability under the Canadian Charter of Rights and Freedoms (Section 15), as well as under Canadian and provincial human rights legislation.
In Ontario, students with dyslexia have the right to learn to read like all students. They also have the right to receive appropriate special education support under the Education Act and other related Ministry of Education and School Board policy. Moreover, the Ontario Human Rights Code guarantees the right to equal treatment in educational services, without discrimination on the ground of disability, as part of the protection for equal treatment in services. Education providers have a duty to deliver accessible education and also to accommodate students with disabilities up to the point of undue hardship. This protection applies to elementary and secondary schools, colleges and universities, both public and private.
Concerns that Ontario’s public education system may be failing to meet the needs of students with reading disabilities (dyslexia and other challenges that affect reading) led to the launch of the Right To Read inquiry by the Ontario Human Rights Commission in 2019.
Links to legislation and legal support
Canada
Ontario
- Education Act, Ontario (1990)
- Ministry of Education-Selection of Policy and Program Memorandum (PPM)
- PPM 8: Identification of and Program Planning for Students with Learning Disabilities
- PPM 11: Early Identification of Children’s Learning Needs
- PPM 59: The Psychological Testing and Assessment of Pupils
- PPM 89: Ontario Demonstration Schools for Students with Learning Disabilities
- PPM 119: Developing and Implementing Equity and Inclusive Education
- PPM 137: Use of Additional Resources to Support Student Success in Secondary School
- PPM 144: Bullying Prevention and Intervention
- PPM 145 Progressive Discipline and Promoting Positive Student Behaviour
- PPM 155 Diagnostic Assessment in Support of Student Learning
- PPM 156 Supporting Transitions for Students with Special Education Needs
- Accessiblity for Ontarians with Disabiliies Act (Law)
Human rights
- The United Nations (U.N.) Declaration of Human Rights
- U.N. Convention on the Rights of Persons with Disabilities
- U.N. Convention on The Rights of the Child
- Canadian Human Rights Commission
- Ontario Human Rights Commission and The Ontario Human Rights Code
- Right to Read inquiry (2019-2021)
- Policy on Accessible Education (2018)
- Policy on Ableism and Discrimination Based on Disability (2016)
- Opportunity To Succeed
- Discrimination Based on Disability and Duty to Accommodate
- Main Barriers to Education for Students with Disabilities (fact sheet)
- Letter to the Minister of Education, school leaders on respecting the rights of students with disabilities (July 14, 2020) – pandemic learning
Human rights rulings
- Rulings (Canada and Ontario)
- Moore vs. British Columbia
- Human Rights Tribunal of Onatrio Complaint Decisions
Get help
- Human Rights Legal Support Centre (Ontario)
- Human Rights Tribunal of Ontario
- Education Law Project – Pro Bono Ontario
- Justice for Children and Youth Ontario
- Ontario Ombudsman
- ARCH Disability Law Centre
Tax information
- How can I claim tutoring fees on my income tax? (Article by Open Door educational services)
- Canada Revenue Agency – Disability Tax Credit
- Canada Revenue Agency – Medical Expenses