Archive

Clarifying the Code Section 45.1 of the Code provides that the Human Rights Tribunal of Ontario (HRTO) may dismiss an application, in whole or in part, if it is “of the opinion that another proceeding has appropriately dealt with the substance of the application.” The challenge lies in deciding exactly when this applies. To help clarify the law, the OHRC intervened in two precedent-setting cases at the HRTO.

When human rights issues are reported in the media, we see opportunities to comment and offer human rights insights to large audiences. Here are some highlights of our letters to theeditor in 2013-14:

Guide offers plain talk about human rights

We’re considering creed

Wrapping up inquiry on rental housing licensing in North Bay In May 2013, the OHRC released a report on its inquiry into rental housing licensing in the City of North Bay. We began this inquiry in March/April 2012 with a survey of tenants, landlords and organizations dealing with rental housing. More than 185 people responded. We followed up with some respondents, attended a community meeting, and reviewed materials disclosed by the City and housing research from other sources. 

Moving forward on mental health

New policy protects human rights of trans and gender-diverse people The OHRC launched an im­portant new policy in Spring 2014, the Policy on preventing discrimination because of gender identity and gender expression. This policy fol­lowed the 2012 amendment to the Human Rights Code to add the grounds of gender identity and gender expres­sion. This change provides protection for one of the most vulnerable and margin­alized communities in society.

​From Remembrance to Reconciliation

Reaching new milestones with the Human Rights Project Charter The Human Rights Project Charter resulted from the settlement of a long-standing human rights complaint by Michael McKinnon against the Ministry of Community Safety and Correctional Services. That settlement also included our commitment to report on the project’s process in the OHRC annual report.

Decision shows racial profiling as a form of everyday racism, confirms test for discrimination The OHRC intervened in Peel Law Association v. Pieters, where the Court of Appeal overruled a Divisional Court ruling, and held that the Divisional Court applied an overly strict test for discrimination. In its June 2013 decision, the Court of Appeal found that the HRTO was reasonable in concluding that the claimants were discriminated against because of race and colour.

Barbara Hall has more than 40 years of experience as a com­munity worker, lawyer and municipal politician. She served three terms as a Toronto city councillor from 1985 on and as Toronto’s mayor from 1994 to 1997. From 1998 to 2002 she headed the Canadian government’s National Strategy on Community Safety and Crime Prevention. She was appointed Chief Commissioner of the Province of Ontario’s Human Rights Commission in 2005.

June 2014 - Dear Mr./Ms. Speaker: Under Section 31.6 (2) of the Ontario Human Rights Code, the Ontario Human Rights Commission is required to submit a report on the Commission’s activities for the previous fiscal period by June 30th of each year, to be tabled in the Legislature. In this regard, I am pleased to provide you with the Commission’s Annual Report of its activities from April 1, 2013 to March 31, 2014. Yours sincerely, Barbara Hall, B.A, LL.B, Ph.D (hon.) Chief Commissioner

Chief Paul Cook President, Ontario Association of Chiefs of Police Dear Chief Cook, On behalf of the Ontario Human Rights Commission (OHRC), I would like to congratulate the Ontario Association of Chiefs of Police (OACP) for its updated version of the LEARN Guideline for Police Record Checks with a clearer presumption against disclosure of non-conviction records.

August 2014 - The Ontario Human Rights Commission (OHRC) is making this submission in response to the College of Physicians and Surgeons of Ontario’s (CPSO) review of its policy on Physicians and the Ontario Human Rights Code (Code).

Please find attached the Ontario Human Rights Commission’s (OHRC) submission in response to the College of Physicians and Surgeons of Ontario’s (CPSO) review of its policy on Physicians and the Ontario Human Rights Code.

Rights and responsibilities in rental housing under the Ontario Human Rights Code.

October 2014 - This case law review looks at important developments in the law dealing with discrimination based on pregnancy and breastfeeding between 2008 and January 2014.[1] The discussion of the law in Ontario is intended as a resource, to be read along with the Ontario Human Rights Commission’s Policy on Preventing Discrimination because of Pregnancy and Breastfeeding (the Policy)[2], about the rights of women[3] who are pregnant, planning to become pregnant, who have had a baby or who are breastfeeding. However, it is not legal advice.

The OHRC supports the recommendations of the report released yesterday by the Honourable Frank Iacobucci. As we said in our report on Police use of Force and Mental Health, “the challenge will be to put recommendations into action – and the time to do that is now.”

Highlights of the policy launch

Q&A webinar on Human Rights 101 eLearning

Toronto – The Ontario Human Rights Commission (OHRC) took another step to eliminate racial profiling in Ontario by speaking out in the Office of the Independent Police Review Director (OIPRD) systemic review of the OPP practices for obtaining voluntary DNA samples. The OHRC is troubled by allegations that the Ontario Provincial Police (OPP) engaged in racial profiling when requesting DNA samples from migrant workers near Vienna, Ontario as part of a sexual assault investigation in October and November 2013.

Frank Fabiano Chief Administrative Officer, City of Thorold Dear Mr. Fabiano, I am writing in response to your request for advice regarding the issue raised by people of Aboriginal heritage in your community who find objectionable the current Black Hawk warrior image used by local hockey teams and their associations in Thorold, Ontario.

July 2014 - People with mental health disabilities are often among the most vulnerable people in Ontario. Many face a unique set of challenges where they live, in workplaces, or in our communities. When people are in crisis they also present a unique set of challenges to police services when considering the use of force. This leads to many concerns from a human rights perspective. It is not the role of the Ontario Human Rights Commission (OHRC) to comment on individual cases – we leave it to other experts to resolve these. But it is our role to look at common themes and concerns, and offer ways to move forward.

June 2014 - The Ontario Human Rights Commission (OHRC) is making this submission to the second independent legislative review of the Accessibility for Ontarians with Disabilities Act (AODA). In accordance with its mandate under section 29 (c) of the Ontario Human Rights Code, the OHRC speaks out and makes recommendations designed to prevent and eliminate discriminatory practices including barriers faced by persons with disabilities. Disability is consistently the most frequent ground of discrimination cited in over 50% of applications to the Human Rights Tribunal of Ontario.

Dear Dean Moran, Please find attached the submission of the Ontario Human Rights Commission (OHRC) regarding the Accessibility for Ontarians with Disabilities Act (AODA) 2013-14 Legislative Review.