6. Establishing discrimination based on creed
To establish prima facie discrimination (discrimination on its face) under the Code, a claimant must show:
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5. Legal framework
5.1 Ontario Human Rights Code
Under Part 1 of the Code, people are protected from discrimination and harassment based on creed in five “social areas”:
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4. Creed
Policy framework
Creed is a prohibited ground of discrimination under the Ontario Human Rights Code. The fact that Ontario adopted the term creed (or "la croyance" in French) in its human rights legislation, and not another term (such as religion, religious belief or religious creed as used in other Canadian human rights statutes), is significant when interpreting its meaning. It suggests that creed may have a meaning that is distinct from these other closely related terms.[65]
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3. Background
3.1 Historical context
There has always been creed diversity in Ontario.[11] Ontario laws have long recognized ideals of religious freedom,[12] even if interpreting and applying these in the past in selective and discriminatory ways that did not protect, or seek to protect, religious equality.[13]
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2. About this policy
This policy is a complete revision and update of the OHRC’s original Policy on creed and the accommodation of religious observances first published in 1996. It sets out the OHRC’s position on creed and accommodating observances related to a person's creed.
The policy offers Ontario citizens and organizations ways to address and prevent discrimination and conflict based on creed in an informed, proactive and principled way. In keeping with the Preamble to the Code, this policy is also designed to:
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1. Introduction
Setting the context
In 1996, the Ontario Human Rights Commission (OHRC) published its first formal Policy on creed, a ground that has been part of the Ontario Human Rights Code (the Code) since its beginning over 50 years ago. There have been many important legal and social developments since then.
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Human rights settlement aims to increase gender diversity in Ottawa Police Service
Toronto - A settlement has been reached with the Ottawa Police in a case that alleged a female police officer was denied training, job placement and promotion opportunities because of her family status, sex and maternity leaves. The Ontario Human Rights Commission (OHRC) intervened at the Human Rights Tribunal of Ontario to address systemic barriers to promotion and advancement that women can face.
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Creed and human rights (brochure)
What protection does the Ontario Human Rights Code offer?
The Ontario Human Rights Code (the Code) recognizes the dignity and worth of every person in Ontario. It provides for equal rights and opportunities, and freedom from discrimination.
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Creed and the duty to accommodate: A checklist for accommodation providers
Before you receive an accommodation request
Minimize the need for accommodation up front by inclusively designing policies, rules, procedures, practices and spaces with everyone in mind (including people of diverse creed faiths).
Create an open, inclusive and safe environment free of discrimination and harassment so that people feel safe and welcome to express or observe their creed and ask for creed-related accommodations, without fear of reprisal or stigma. For example, you could:
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Creed and human rights for Indigenous peoples
What protection does the Ontario Human Rights Code offer?
The Ontario Human Rights Code (the Code) recognizes the dignity and worth of every person in Ontario. It provides for equal rights and opportunities, and freedom from discrimination. Indigenous peoples, including status, non-status, First Nations, Métis and Inuit peoples, are included in these protections.
The Code prohibits discrimination and harassment based on 17 personal attributes – called grounds. Creed is one of the protected grounds.
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Terror abroad has revealed troubling hate here at home
Such is the nature of our hyper-connected planet that events seemingly worlds away from our day-to-day lives can reverberate in our neighbourhood. That is the power and promise of social media — it makes the world smaller.
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OHRC adds a human rights lens at It’s Never Okay: 2015 Summit on Sexual Violence and Harassment
As part of It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment, the Government of Ontario is hosting its 2015 Summit on Sexual Violence and Harassment in Toronto from November 19 – 20.
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A message from the Chief Commissioner: Hatred based on creed has no place in Ontario
Hatred and discrimination based on creed have no place in Ontario. They contravene our province’s most cherished ideals and commitments, including respect for the rule of law, and individual human rights and dignity.
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Policy on preventing discrimination based on creed
This policy is a complete revision and update of the OHRC’s original Policy on creed and the accommodation of religious observances first published in 1996. It sets out the OHRC’s position on creed and accommodating observances related to a person's creed. The policy offers Ontario citizens and organizations ways to address and prevent discrimination and conflict based on creed in an informed, proactive and principled way.
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Legal Services and Inquiries
Insurer removes HIV/AIDS exclusion from emergency travel medical insurance policy
In May 2015, the Ontario Human Rights Commission (OHRC) learned that a Canadian insurance company (RSA Canada) would not issue an emergency travel medical insurance policy to anyone who had ever been diagnosed with HIV or AIDS and obtained a copy of the exclusionary policy.
The OHRC wrote to RSA Canada to express concern that the HIV/AIDS exclusion might contravene Ontario’s Human Rights Code.
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OHRC submission to Ministry of Labour Changing workplace review
September 18, 2015 - The Ontario government is consulting on the changing nature of the modern workplace and considering how the Employment Standards Act and the Labour Relations Act could be amended to best protect workers, especially historically under-represented groups. The Ontario Human Rights Commission (OHRC) makes this submission in accordance with its mandate to promote and advance human rights under Ontario’s Human Rights Code.
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Why We Still Need Human Rights Institutions
Today is my first day on the job as Ontario’s new chief human rights commissioner and, already, I am keenly aware of the need to convince Canadians of the continuing relevance of statutory human rights bodies like the Ontario Human Rights Commission.
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OHRC welcomes Renu Mandhane as new Chief Commissioner
Toronto – Ruth Goba, Interim Chief Commissioner, today welcomes Renu Mandhane as the OHRC’s new Chief Commissioner effective Monday, November 2, 2015.
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Addendum to OHRC letter to Premier Wynne regarding Murdered and Missing Indigenous women
October 30, 2015 - Further to the attached correspondence of yesterday, please find enclosed hard-copies of the reports identified from the United Nations Committee on the Elimination of Discrimination against Women and the Inter‑American Commission.
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OHRC letter to Premier Wynne regarding Murdered and Missing Indigenous women
October 29, 2015 - Dear Premier Wynne, There is a clear connection between violence against women and the disparate social and economic status women face in our society, and indeed, across the globe. It is with respect to this disparate social and economic status, particularly that of Indigenous women in our province, that I write this letter.
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Op-Ed in the Hamilton Spectator commenting on “Carding is basic investigative work, Hamilton officers say”
Hamilton police chief Glenn De Caire's position on carding and street checks contains a fundamental and significant error.
In his September 21 letter to the Minister of Community Safety and Correctional Services, Chief De Caire cites the Ontario Human Rights Commission and our recognition of “the importance of officer discretion.” We agree that discretion is important – vitally so. But we have always been clear: officer discretion must be informed and guided to prevent racial profiling – and discretionary decisions that are informed by racial bias should lead to officer discipline.
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Ontario Shores Launches Exciting New Project with the Ontario Human Rights Commission
(Whitby, ON) – Today, Ontario Shores Centre for Mental Health Sciences (Ontario Shores) and the Ontario Human Rights Commission unveiled a new partnership to further develop human rights capacity at the specialty mental health centre.
Ontario Shores and the OHRC met last year to look at an opportunity to partner and support both organizations’ mission and values. The Project Charter signed today sets the framework for work that will happen over a three year term.
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New OHRC report takes fresh look at experiences of people with mental health and addictions disabilities
Toronto–The Ontario Human Rights Commission today launched By the numbers, a new report offering a statistical profile of people with mental health and addiction disabilities in Ontario. This launch was part of Taking it Local Peel, a one-day training event co-hosted by the United Way of Peel Region and the Regional Diversity Roundtable of Peel.
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