Human Rights in Ontario

Human Rights

Activity- let’s do a Human Rights Quiz…

Individuals should be treated fairly as human beings regardless of the age group to which they belong

Although equality rights are guaranteed in the Charter, it took many years and a lot of fighting for this to occur:

- Aboriginal Groups- Women- Immigrants- Gay men and women- People with disabilities

Human Rights

Human Rights laws protect people from being treated unfairly by others- the Charter is between individuals and the government (federal or provincial)

Federal, Provincial and Territorial governments have all passed human rights acts- Ontario Human Rights Code

It is therefore illegal for people to treat others unfairly

Human Rights in Ontario

We all have a responsibility to make sure that discrimination forbidden by the Code does not occur. Human rights legislation will only be effective when all people take an active role in ensuring equality and preventing discrimination

All of us in Ontario must:- Avoid discriminating against or harassing others

- Address discrimination when we see, or are the victims of discriminatory treatment

- Report incidents of discrimination, and urge others to

- Ensure people know their rights

The Scope of the Code- AREAS

The OHRC provides protection from discrimination in 5 areas of our lives- we all have the right to freedom from discrimination in the following areas:

a. Services, Goods and Facilities- schools, hospitals, shops, restaurants, recreational facilities

b. Occupancy of Accommodation- the place where you live or want to live, whether you rent or own

c. Contracts- written or verbal

d. Employment- advertisements, application forms, job interviews as well as work assignments, training and promotions

e. Membership in vocational or trade unions- OSSTF or CAW

The Scope of the Code- Prohibited Grounds

Discrimination occurs most often because of a person’s membership in a particular group in society- the following grounds are protected by the code:

a. Race- common descent or external featuresb. Ancestry- family descentc. Place of origin- country or regiond. Colour- associated with racee. Ethnic Origin- social, cultural or religious practicesf. Citizenship- membership in a state or nationg. Creed- religion or faithh. Sex- sexual in nature (gender or pregnancy)i. Sexual orientation- j. Handicap- physical disability, learning disability, speech impairment, visual impairment,

etc…k. Age 18- 65 (employment) 16+ accommodation, 18+ all other areasl. Marital Status- cohabitation, widowhood, separationm. Family Status- parent/child relationshipn. Same Sex partnership statuso. Record of Offences- Provincial offences or federalp. Receipt of public assistance in housing

Exceptions to the Grounds

Just as the Charter has a limitation factor, the OHRC allows for limited ‘discrimination’ if the following occurs:

a. An organization that serves a group protected by the code may choose to employ only members of that group

b. An employer may choose to hire or not hire his or her own spouse, child or parent of the spouse or the child or parent of an employee

c. An employer may discriminate on the basis of age, sex, record of offences or marital status if these are genuine requirements of the job- examples?

PROCESS FOR FILING A COMPLAINT

How to file a complain with the Ontario human rights

commission

Complainant and Respondent

All inquiries made to the Human Rights Commission are completely confidential. If you are a complainant – the person making the allegation of discrimination – you will be provided with a package asking you to describe the events and circumstances you considered discriminatory. As the accuser, it is up to you to prove your case.

The response to the inquiry will inform you whether your complaint is covered by your provincial code. If it is covered by the provincial code, then the Commission will serve your complaint upon the respondent.

If the Human Rights Commission dismisses the complaint it may be for one of the following reasons:

Section 34. (1) where there is another legislative act that can more

appropriately deal with the issues raised in the complaint (b) where the complaint is trivial, frivolous, vexatious, or

made in bad faith (c) where the complaint is not within the jurisdiction of

the Commission (d) where the complaint was filed more than six months

from the last incident of discrimination

Assessment for Further Action

The complainant and the respondent are assisted by a mediation officer in an attempt to conciliate or to resolve the problems themselves

If the two parties cannot come to an agreement then they are referred to a Board of Inquiry or Human Rights Tribunal.

Board of Inquiry or Human Rights Tribunal

Some examples of remedies suggested by the board or tribunal are: ordering the person or organization who contravened

the human rights code to stop the practice compelling the respondent to issue a letter of apology compelling an employer to give the complainant back

his or her job or to grant the promotion that was denied

ordering the respondent to pay the complainant for mental anguish or for any loss suffered in pay or benefits