Best Disability Lawyers in St. Albert

About Disability Law in St. Albert, Canada

Disability law in St. Albert, Alberta, falls under a combination of federal and provincial legislation designed to protect the rights and well-being of people with disabilities. These laws ensure fair treatment in key areas such as employment, education, access to services, housing, and more. St. Albert residents benefit from both federal protections—like the Canadian Charter of Rights and Freedoms and the Accessible Canada Act—and Alberta-specific laws, such as the Alberta Human Rights Act and the Employment Standards Code. These laws aim to eliminate discrimination, create inclusive environments, and provide remedies when rights have been infringed.

Why You May Need a Lawyer

There are several situations where residents of St. Albert may require legal assistance related to disability issues, including:

• Facing discrimination in the workplace due to a disability
• Challenges in obtaining or maintaining disability benefits, such as Assured Income for the Severely Handicapped (AISH)
• Difficulty accessing public services, transportation, or buildings
• Issues with education accommodations for students with disabilities
• Barriers to housing because of physical accessibility or discrimination
• Problems with insurance claims related to disabilities
• Being denied reasonable accommodations either at work, in schools, or in housing
• Understanding one’s rights and obligations when living with a disability

A lawyer specializing in disability law can help to understand your rights, advocate on your behalf, and navigate government or legal procedures.

Local Laws Overview

People with disabilities in St. Albert are protected by several key laws:

• Canadian Charter of Rights and Freedoms: Guarantees equal protection and benefit under the law, prohibiting discrimination based on mental or physical disability.
• Alberta Human Rights Act: Protects against discrimination in areas like employment, housing, and services. Employers and service providers must accommodate disabilities unless it causes undue hardship.
• Assured Income for the Severely Handicapped (AISH): Provincial benefit program for Albertans with severe disabilities, including financial and health-related support.
• Workers’ Compensation Act (Alberta): Provides compensation and rehabilitation for employees injured or becoming disabled at work.
• Accessible Canada Act: Federal legislation aimed at eliminating barriers in areas under federal jurisdiction, such as banking and telecommunications.
• Education Act (Alberta): Mandates that students with disabilities receive necessary supports and reasonable accommodations.

Municipal bylaws and provincial building codes may also set accessibility requirements for public spaces and housing.

Frequently Asked Questions

What should I do if I experience discrimination because of my disability?

You can file a complaint with the Alberta Human Rights Commission, and it’s often wise to consult with a lawyer to understand your rights and how to proceed.

Am I entitled to workplace accommodations for my disability?

Yes, Alberta law requires employers to provide reasonable accommodations for employees with disabilities. Employers must only refuse if the accommodation would cause them undue hardship.

How do I apply for AISH (Assured Income for the Severely Handicapped)?

Applications can be submitted through Alberta Community and Social Services, providing documentation of your medical condition and financial situation.

What is considered a “disability” under the law?

A disability can be physical, mental, intellectual, or sensory. It must be significant enough to limit one or more major life activities and can be temporary or permanent.

Can I appeal if my disability benefits are denied?

Yes, you can appeal denied benefits. Each program, like AISH or CPP Disability, has its own appeal process which often involves gathering more medical evidence or presenting your case before an appeals panel.

Are schools required to accommodate children with disabilities?

Yes, school boards must provide reasonable accommodations and supports tailored to the needs of students with disabilities, as outlined in the Alberta Education Act.

What accommodations am I entitled to as a tenant with a disability?

Under the Alberta Human Rights Act, landlords must make reasonable accommodations, such as allowing service animals or modifying units, unless it causes undue hardship.

How is “undue hardship” defined?

Undue hardship is when accommodating a person with a disability would be prohibitively expensive, create a health or safety risk, or disrupt operations significantly for the employer or service provider.

Who can help me if I believe a business or public service in St. Albert is not accessible?

You can contact the City of St. Albert or the Alberta Human Rights Commission to lodge a formal complaint. Legal counsel can also advise on further action.

Can I be fired because of my disability?

No, you cannot legally be fired solely due to your disability. If you believe this has happened, seek legal advice, as you may have grounds for a human rights complaint or wrongful dismissal claim.

Additional Resources

Several organizations and government bodies can assist with disability-related legal inquiries in St. Albert:

• Alberta Human Rights Commission – handles discrimination complaints
• Alberta Community and Social Services – oversees AISH and other disability benefits
• Alberta Worker’s Compensation Board – for work-related disability claims
• Learning Disabilities Association of Alberta – support and advocacy in schools
• Canadian Mental Health Association – information on mental health-related disability rights
• City of St. Albert Accessibility Advisory Committee – promotes accessibility in the community
• Legal Aid Alberta – free or reduced-cost legal help for eligible individuals

Next Steps

If you require legal advice or believe your rights as a person with a disability have been violated in St. Albert:

1. Document all relevant events and communications, keeping copies of letters, medical reports, or emails.
2. Contact the appropriate government office or agency if your issue relates to benefits, education, or local services.
3. Consult with a lawyer who specializes in disability law to review your situation and outline your options.
4. Evaluate the free or low-cost legal services in St. Albert or Alberta if cost is a concern.
5. Consider mediation or formal complaints (e.g., through the Alberta Human Rights Commission) if issues are not resolved directly.

Seeking early legal advice can protect your rights, clarify your options, and increase the chances of a positive outcome.