Autism and Police Interaction in Ontario: Know Your Rights
Direct answer
The Canadian Charter protects everyone against unreasonable search or seizure. On arrest or detention, a person has the right to retain and instruct counsel without delay. Ontario's Human Rights Code also applies to policing, and disability-related needs may require individualized accommodation.
Key facts
The numbers behind this answer
Every answer on this site sits on the same verified counts. These are the current figures.
Ontario's figures, as of May 2026 (MCCSS FOI via OAC · May 2026).
Registered
91,974Children registered
Total registered in the Ontario Autism Program
Funded
20,711Have active funding
22.5% of registered children
Without active agreement
71,263Without an active funding agreement
An administrative status; it does not confirm current service delivery.
Show as table
| Metric | Value |
|---|---|
| Children registered | 91,974 |
| Have active funding | 20,711 |
| Without an active funding agreement | 71,263 |
About This Article
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Charter rights during arrest or detention
- Section 8 of the Canadian Charter states that everyone has the right to be secure against unreasonable search or seizure.
- On arrest or detention, section 10(b) gives a person the right to retain and instruct counsel without delay and to be informed of that right. The Supreme Court of Canada has also held that an accused has the right to remain silent when questioned by police officers.
Disability accommodation in policing
- The Ontario Human Rights Commission states that the Human Rights Code provides equal treatment without discrimination in services, including policing.
- Disability accommodation is individualized. The Commission says service providers must accommodate disability-related needs affected by a requirement, rule, or standard and must take accommodation requests in good faith. Before imposing a negative measure for conduct, a service provider must consider whether the actions are caused by a disability.
Communication and emergency planning
- Ontario accessibility guidance says some people with severe communication difficulties may use a communication board or another assistive device.
- Ontario's emergency preparedness guidance for people with disabilities recommends preparing an easy-to-understand list of needed instructions or information and keeping an emergency contact list on the person.
Frequently asked questions
Section 10(b) applies on arrest or detention. It protects the right to retain and instruct counsel without delay and to be informed of that right.
Yes. The Ontario Human Rights Commission states that the Code provides equal treatment without discrimination in services, including policing.
Ontario accessibility guidance identifies communication boards and other assistive devices as options for people with severe communication difficulties. Emergency guidance also recommends carrying needed instructions and an emergency contact list.
Sources
Constitution Acts, 1867 to 1982, including Canadian Charter sections 8 and 10
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Supreme Court of Canada on CanLII
R. v. J.J., 2022 SCC 28, right to silence when questioned by police
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Ontario Human Rights Commission
Report on police use of force and mental health, including Code coverage of policing
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Ontario Human Rights Commission
Policy on ableism and discrimination based on disability, duty to accommodate
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Accessibility training guidance for communication with people with speech or language disabilities
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Emergency preparedness guide for people with disabilities
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Next steps
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