The OHRCs Human Rights and Mental Health Policy Consultation Survey for Individuals The Ontario Human

Rights Commission is conducting research and developing a policy that will explain the human rights protections for people with mental health disabilities (also called mental illness or psychiatric disabilities) and addictions. In Ontario, these people are covered under the ground of disability in the Ontario Human Rights Code (Code). People with mental health disabilities and addictions are protected from discrimination and harassment in the areas of employment, housing, goods, services and facilities, contracts, and membership in trade, union or occupational associations. This includes people who have a disability, had a disability in the past, or are believed to have or have had a disability. Mental health disabilities and addictions include: depression, schizophrenia, anxiety disorders, phobias, obsessive/compulsive disorder, bi-polar disorder, personality disorders and eating disorders; alcohol, drug (legal and illegal), gambling and eating addictions, etc. Do you have a past or present mental health issue or addiction? If YES, we want to hear from you! Tell us how your mental health issue or addiction relates to the following areas: Housing (when getting housing, living in housing and during evictions) Employment (for example, when trying to get a job or while working) Services (when accessing or getting services, such as government services, including social assistance programs, shops, education, and health care, among others).

We have designed an ANONYMOUS survey with security protection to learn about your experiences. We will use this information to: Provide examples of different types of discrimination in our human rights and mental health policy. Identify the major kinds of discrimination facing people with mental health issues and addictions to help identify future projects. Identify best practices that can help overcome discrimination because of mental illness and addictions.

A diagnosis of mental illness or addiction is not necessary to take part in the survey. Page 1 of 14

The information you give us through the consultation survey may form part of a report that will be made public. The OHRC is governed by the Freedom of Information and Protection of Privacy Act. If you would like to participate further in this consultation, send an email with your contact information to consultations@ohrc.on.ca. The information collected in this survey will NOT be used to form a human rights application to the Human Rights Tribunal of Ontario. For information on how to make an application, contact the Human Rights Tribunal of Ontario. To get advice about a human rights claim, contact the Human Rights Legal Support Centre. Information about these agencies is on page 13. For resources related to mental health and addiction, please see the back page. Please return your completed survey before the end of February 2011. You can mail, fax or email it to: Ontario Human Rights Commission Human Rights Mental Health Policy Consultation Policy, Education, Monitoring and Outreach Branch 180 Dundas Street West, 8th Floor Toronto, Ontario M7A 2R9 Fax #: (416) 314-4533 E-mail: consultations@ohrc.on.ca

The survey takes approximately 30 minutes to complete. TO START THE SURVEY, PLEASE TURN THE PAGE

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Human Rights and Mental Health Survey The OHRC wants to learn how a person's mental health issue and/or addiction may affect access to employment, housing and services. The aim of this survey is to collect personal stories and experiences of discrimination. Discrimination based on disability is... Any distinction, conduct or action, whether intentional or not, but based on a persons disability that creates disadvantage by either placing burdens on an individual or group that are not placed on others, or withholding or limiting access to opportunities, benefits and advantages available to other members of society. Example: A person with depression seems to be singled out in the workplace and people make jokes at his expense. His co-workers and manager also ask him about the medications he is taking. This could be a form of harassment, which is prohibited under the Ontario Human Rights Code. Please fill out the following questions. Thank you for taking part in this survey! 1. Contact Information City: Province: TORONTO Ontario

Miguel Avila 121 Kendleton Drive , Apt 302 Etobicoke ONTARIO M9M 1V3

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2. Demographic Information (Optional) The following information is being collected to help us analyze and report on the responses received. No personal information will be disclosed publicly, and all information is subject to the requirements of the Freedom of Information and Protection of Privacy Act. The questions on this page are not mandatory. 1. What is your gender identity? X Male Female 2. Do you self-identify as trans, transgendered or transsexual? Yes X No 3. Do you experience or have you experienced a mental health issue/disability or addiction? X Yes No 4. If you wish, please tell us what your disability is. Choose it from the list below or describe it in the space provided. Please check all that apply. Behavioural Disability Eating Disorder Seasonal Affective Disorder Schizophrenia Bi-Polar Disorder X Post-Traumatic Stress Disorder Borderline Personality Disorder Developmental Disability Learning Disability Addiction X Depression Anti-Social Personality Disorder Mood Disorder Obsessive Compulsive Disorder X Anxiety Disorder Physical Disability Panic Disorder Attention Deficit Disorder Other (please describe) ___________

5. People with mental health disabilities or addictions may face different types of disadvantage depending on their age. How old are you? younger than 15 years 15 to 24 years 25 to 34 years 35 to 44 years X 45 to 54 years 55 to 64 years 65 years or over Page 4 of 14

5. Some people with mental health issues or addictions have lower incomes and may receive public assistance. Do you receive public assistance as your main source of income (e.g. Canada Pension Plan, student loans, Ontario Works, Ontario Disability Support Program)? X YES No If you wish, please specify the type of public assistance you receive: ODSP 6. Some people with mental health issues or addictions face discrimination because of their sexual orientation. What is your sexual orientation? Bisexual Gay X Heterosexual (Straight) Lesbian Queer Questioning Two-Spirit 7. Some people with mental health issues or addictions face discrimination because of their race or ethnic origin. Which category or categories describe you best? Please choose from the list below. You may check more than one category. Aboriginal (First Nations, N. American Indian, Mtis, Inuit) Arab Black (African-Canadian) Chinese Filipino Japanese Korean X Latin American Mixed-Race South Asian (e.g., East Indian, Pakistani, Sri Lankan, etc.) Southeast Asian (e.g., Vietnamese, Cambodian, Malaysian, Laotian, etc.) West Asian (e.g., Iranian, Afghan, etc.) White (Caucasian) Other If you checked "other" please specify: _________________________________________________

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3. Experiences Related to Disability You may answer all of the questions below or pick the ones that are most relevant to you. Please provide specific details of your experiences in the space provided. 1. Has your mental health issue or addiction affected your ability to find and live in housing? X Yes No While living in a HOUSING COOP I was discriminated my experience is found here ( partially) :

http://www.canlii.org/en/on/onhrt/doc/2009/2009hrto1236/2009hrto123 6.html The OHRT decision was favourable to me.

2. Has your mental health issue or addiction affected your ability to find work or your experiences in the workplace? X Yes No Currently my experiences at work are being deal by the O.H.R.T my whole story is available here in the Ontario Government website: http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do? locale=en&Date=2009-1123&ParlCommID=8875&BillID=2181&Business=&DocumentID=24534 also available as a PDF document: http://www.ontla.on.ca/committee-proceedings/transcripts/files_pdf/23-NOV2009_SP041.pdf And in my personal Scribd Site: http://www.scribd.com/doc/42794976/MIGUELAVILA-Submission-to-End-Bullying-in-the-Workplace 3. Has your mental health disability or addiction affected your opportunities at work, such as promotions, training or benefits? X YES No

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My current Reconsideration with the O.H.R.T reveals that suffering and the discrimination that I underwent under the Toronto ZOO. The Toronto ZOO failed to provide Miguel Avila with up to an due hardship work accommodations they took it so lightly. Also the Union CUPE 16000 was not on my side at all, and they are in part obligated to answer how much did they do help Miguel Avila acquire proper work accommodations? And what level of responsibility CUPE has by failing not to provide adequate Work Accommodations to Miguel Avila and the Employer as well. Partial information on the status of my complaint with the O.H.R.T is found here: http://www.canlii.org/en/on/onhrt/doc/2009/2009hrto807/2009hrto807.html 4. Has your mental health issue or addiction affected your access to or treatment in government services (e.g. Ontario Works, Ontario Disability Support Program [ODSP], government programs, child welfare agencies, when dealing with police, etc.)? X Yes No Currently I have two complain against the Toronto Police Services Board One dealing with Racial Profiling The Second dealing with Race I want to emphasise that the so called Project Charter is a total failure of cooperation of the T.P.S to remove racial profiling this practice is well and alive by T.P.S officers.

5. Has your mental health issue or addiction affected your access to or treatment in other types of services (e.g. education, shops, restaurants, insurance, court or tribunal systems, seeing a doctor, etc.)? X YES No My Claim to the W.S.I.B in 2007 was denied because they treated as a Labour Relations issue , they failed to examined as a Mental Disability Concern. WSIB dont consider workers that had suffered a mental issue while employed as an Accident in the Workplace. And if they do this narrow opinion is hard to qualify under the WSIB rules to qualify for benefits.

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My Claim with Manulife Financial in 2008 for L.T.D was also denied in the same grounds as Labour Relations Issues and failed to consider as a Mental Disability issue altogether. Also the Ontario Labour Relations Board excused the Union Local 1600 of any legal liability for not representing me at a Arbitration Hearing citing violation of a Last Chance Agreement I was not in the best state of mind when signed the Last Chance Agreement even , the Union knew of my disability and instead of defending my best interest they supported the Employer underlying motives to sign in to a documents that is practically a TRAP see more info here: http://www.canlii.org/en/on/onlrb/doc/2010/2010canlii62273/2010canlii62273.html

6. Do you think that other factors related to your identity, in addition to your mental health issue or addiction, have affected your access to or treatment in employment, housing or services? If yes, pick all factors that apply. Age Ancestry X Citizenship Colour Creed (religion) X Disability X Ethnic Origin Family Status If yes, why do you think so? There are currently NO laws that protect Workers with Mental Disabilities in Ontario victims of Physiological attacks The Occupational Health Safety Act of Ontario needs to be amended to include people with Mental Disabilities to be protected from abusive Management and Workers as well. Marital Status Place of Origin Race Receipt of Public Assistance Record of Offences Sex (including gender identity, pregnancy and breastfeeding) Sexual Orientation

7. Are there any other experiences related to human rights and your mental health issue or addiction that you would like to share with us? I believe the most disturbing factor to me is to learn that the Ontario Human Rights Tribunal are not in the same page with the Ontario Human Rights Commission when it comes to abide by Guidelines and Polices in regards the Disability and the Duty to Accommodate in the Workplace Madame Hall should

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ask that question to Mrs Jay Sengupta who is the vice-chair of the O.H.R.T and who has not intentions of improving Human Rights in Ontario. Last but not least the most irritating matter to me is to know that the LAW offices whom I have currently two (2) Human Rights Complain have a special advocacy position at the PRACTICE ADVISORY COMMITTEE with the Ontario Human Rights Tribunal , How can this be? The same lawyers who are defending HUMAN RIGHTS violators provide legal advise at the same time counselling to the O.H.R.T No wonder all cases defended by this moguls of the law have a high rate of success defending people from the Toronto Police Services Board, The City of Toronto ( Toronto ZOO) something must change if you are really serious about change and promotion of human rights , you dont keep the abusers in your mists as consultants to the Ontario Human Rights Tribunal Read here: http://www.hrto.ca/hrto/?q=en/node/23 Patty Murray (Co-chair) Ms. Murray practises in all areas of labour and employment law, including grievance arbitration, Labour Board matters and human rights. As the Chair of the Hicks Morley Human Rights Practice Group, Ms. Murray has a particular interest in human rights matters. She advocates for clients before the Canadian Human Rights Commission and is involved in litigating a variety of different matters at the Ontario Human Rights Tribunal. Ms. Murray's human rights expertise is not limited to the employment arena; she regularly advises service providers such as school boards and police service boards in defending against human rights complaints. Antonella Ceddia Ms. Ceddia is a Litigation Lawyer with the City of Toronto. Her practice includes defending the City in constitutional challenges to its by-laws and defending human rights matters against the City, Toronto Police Services Board and Toronto Police. Ms. Ceddia practised litigation at McCarthy Tetrault LLP in Toronto before joining the City and articled as a Law Clerk at the Court of Appeal for Ontario. She was called to the bar in 2003. She holds an M. A. in Political Science (Public Policy) and has extensive professional experience in human rights as an Investigator at the Ontario Human Rights Commission in the early 1990s.

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8. What kind of information would help you learn about your human rights? Please rate EACH of the following communication techniques on a scale of 1 to 5, where 1 is the "least helpful" and 5 is the "most helpful". Least Helpful 1 Information websites, including the OHRC website Printed information on human rights provided at health, government and social service agencies A 60-page document that covers all areas of human rights and mental health (including housing, employment and services) Fact sheets that cover specific human rights topics (like the right to be accommodated in the education system, or tenants' rights) Brochures 10-page documents that focus specifically on housing, services (like education, government services) Videos about your human rights Most Helpful 2 3 X 4 5

Please rate EACH of the following communication techniques on a scale of 1 to 5, where 1 is the "least helpful" and 5 is the "most helpful". Least Helpful 1 Most Helpful 2 3 4 5

Information in languages other than English or French Public education talks given by people with lived experience of mental illness and addictions Programs available on the internet or the computer to teach people about their human rights step-by-step Public education talks given by human rights experts

Please suggest any other helpful communication tools or techniques. ____________________________________________________________

9. How did you find out about this consultation? www.ohrc.on.ca Twitter Facebook Direct email from the OHRC X A community organization Other (please specify) ____________________

4. Thank you for taking part! Thank you for taking part. If you have other material you would like to share with us, email us at consultations@ohrc.on.ca. If you need specific human rights advice, or would like to file a human rights application with the Human Rights Tribunal of Ontario, contact the Human Rights Legal Support Centre 180 Dundas Street West, 8th Floor Toronto, Ontario M7A 0A1 www.hrlsc.on.ca Tel: (416) 314-6266 Toll Free: 1-866-625-5179 TTY: (416) 314-6651 TTY Toll Free: 1-866 612-8627 Fax: 1-866-625-5180 or 416-314-6202 Human Rights Tribunal of Ontario 655 Bay Street, 14th floor Toronto, ON M7A 2A3 Tel: 416-326-1312 Toll-free: 1-866-598-0322 TTY: 416-326-2027 TTY Toll-free: 1-866-607-124 Email: hrto.tdpo@ontario.ca

For more information about the three pillars of the Ontario human rights systems, visit www.ontario.ca/humanrights. * Please note that the Ontario human rights system is separate from other types of tribunals, such as the Ontario Workplace Tribunal or the Social Benefits Tribunal

5. Mental Health Resources Canadian Mental Health Association (CMHA) Ontario is a non-profit, charitable organization that promotes the mental health and recovery of people experiencing mental illness. CMHA Ontario has 32 local branches offering a wide range of specialized mental health programs and services, tailored to the needs and available resources of those communities where they are based. www.ontario.cmha.ca or 416-977 5580. Centre for Addiction and Mental Health (CAMH) provides comprehensive, wellcoordinated, accessible care for people who have problems with mental illness or addiction. CAMH provides a wide range of clinical programs, support and rehabilitation services to meet the diverse needs of people who are at risk and are at different stages of their lives and illnesses. www.camh.ca/Care_Treatment/index.html or 416-535-8501. eMentalHealth.ca is an Ottawa-based non-profit initiative with a vision of connecting Canadians to information on mental health resources. www.ementalhealth.ca/splash.php or 613-738-6990. Distress Centres Ontario. Distress Centres Ontario provide their listening and referral services primarily through highly trained and committed volunteers. Many centres also have Suicide Survivor programs, support services for youth, telephone call out programs for seniors and vulnerable people, mental health Crisis Lines services and much more. www.dcontario.org/centres.html or 519-658-6805. ConnexOntario Health Services Information improves access to alcohol and drug, gambling and mental health services for the people of Ontario. ConnexOntario is funded by the Ontario Ministry of Health and Long-Term Care. www.connexontario.ca or 1-866-531-2600. Ontario Peer Development initiative (OPDI) The Ontario Peer Development Initiatives mission is to acquire, understand and amplify the unique and distinct voice of consumer/ survivor organizations across Ontario. OPDI represents many different consumer survivor initiatives across Ontario. www.opdi.org For more mental health resources, visit www.ohrc.on.ca/en/issues/mental_health/mentalhealthresources