Part 1 - Introduction

Welcome to the Ontario Human Rights Commission’s Competing Human Rights eLearning training.

Transcript Competing Human Rights eLearning Module 1

NARRATOR:

Hello and welcome …to the Ontario Human Rights Commission’s Competing Human Rights eLearning training.

More people are learning about their rights and standing up for them, and sometimes their rights conflict with the rights of others.

Competing rights issues are in the news, and organizations are planning for and dealing with competing rights issues in the workplace, in schools, in housing accommodation and in services. That’s why the Ontario Human Rights Commission (or OHRC) developed the Policy on Competing Human Rights.

By the end of this training, you’ll understand how to apply the key parts of this policy. Using interactive videos, short documents, and scenarios, you’ll learn about what competing rights are, and what types of situations are actually not competing rights. We’ll use a realistic scenario to go through the OHRC’s framework for analyzing and addressing competing human rights situations step-by-step. This is especially useful if you are looking for information on resolving competing rights issues, or want to develop competing rights policies and procedures. You’ll also learn the key legal principles that are essential for analyzing most competing rights situations.

Taking the full training will give you a good understanding of the OHRC’s Policy on Competing Human Rights. But this training is flexible - you don’t have to take the whole thing at once. If you’d like to focus on any part of the Policy, you can find the modules that will help and only take those portions of the training. Or, you may just want to see some examples of competing rights situations that are relevant to your work. And, since many of you will be sharing the information that you learn in this training with your colleagues and others, we’ve made all of our materials available for download.

We hope that this training provides the information you need about competing human rights. When you’re finished, please take the short survey. Your feedback will help us improve our eLearning resources. Thank you, and enjoy learning about competing human rights!

Competing Human Rights eLearning Transcript at http://ohrc.on.ca/en/learning/competing-human-rights/welcome-and-introdu...

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Course Navigation and Outline

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How to navigate this course

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Instructions: Navigating the eLearning module

Navigate the course using the left sidebar menu. Subsections are marked by an arrow. You may also use the “Next” and “Previous” buttons. For keyboard users: hold Ctrl, Alt, and Shift keys together while pressing “N” for next or “B” for back. To use these keyboard commands while playing a video, tab out of the video frame first Attachments can be found at the bottom of the page.

Close up of Next and Previous buttonsCtrl + Alt + Shift + N = Next; Ctrl + Alt + Shift + B = PreviousClose up of attachments area, bottom of page
  

Course outline

  1. Module 1: Welcome and Introduction
    • Content:
      • Welcome video
      • How to navigate the course / Course outline and objectives
      • Short video – what are competing rights?
      • Simplified flow chart for competing rights conciliation
    • Goals:
      1. Understand how to navigate the Competing Human Rights course.
      2. Determine which modules you will complete to meet your learning needs.
      3. Gain a general understanding about what competing rights are.
  2. Module 2: The Ontario Human Rights Code and Reducing the Potential for Conflict
    • Content:
      • The Ontario Human Rights Code
      • Definitions
      • Reducing the potential for conflict
      • Quiz
    • Goals:
      1. Understand the OHRC’s definition of competing rights.
      2. Understand the difference between human rights, other legal entitlements, interests and values, and how these definitions can help us analyze competing rights issues.
      3. Learn the Ontario Human Rights Code’s grounds and social areas.
      4. Understand how to reduce the potential for competing rights conflict.
  3. Module 3: Examples of Competing Rights Situations
    • Content:
      • Introduction
      • Examples of competing rights scenarios, including current examples from the news
      • Quiz
    • Goals:
      1. Understand that there are different types of competing rights situations.
      2. Through the examples and discussion questions, learn about different types of competing rights situations and how to analyze them.
      3. Consider which types of competing rights situations may apply to you, in your employment, services, etc.
      4. Differentiate between situations that are competing rights situations and those which are not (for example, duty to accommodate situations).
  4. Module 4: Key Legal Principles
    • Content:
      • The learner is introduced to a scenario. Each key legal principle is explained, and then applied to the scenario by the learner. At the end of the module, the real-life outcome of the scenario is revealed, prompting the learner to reflect on their analyses.
    • Goals:
      1. Learn about the key legal principles that are applied in competing rights situations.
      2. Apply the key legal principles to analyze a possible competing rights situation.
  5. Module 5: Framework for resolving competing rights issues in organizations
    • Content:
      • A walk-though of the framework, step-by-step, using a scenario as a guide. The learner is prompted to reflect on the scenario and provide possible outcomes throughout the module.
    • Goals:
      1. Understand the quick resolution and full processes for addressing competing rights, and when each should be used.
      2. Learn Alternative Dispute Resolution models for resolving competing rights issues.
      3. Understand each step of the framework for addressing competing rights issues in organizations.
      4. Ability to apply the framework for addressing competing rights issues in an organizational setting.

Transcript
Competing Human Rights eLearning

NARRATOR:

Instructions: Navigating the eLearning module

  1. Navigate the course using the left sidebar menu. Subsections are marked by an arrow.
  2. You may also use the “Next” and “Previous” buttons. For keyboard users: hold Ctrl, Alt, and Shift keys together while pressing “N” for next or “B” for back.
  3. Attachments can be found at the bottom of the page.
  4. To play a video using your keyboard, tab out of the video frame first.

Competing Human Rights eLearning
Transcript at http://ohrc.on.ca/en/learning/elearning/competing-human-rights/part-1/co...

 

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PDF icon accessible_PDF_package_en.pdf952.74 KB

Video - What are Competing Rights?

Transcript Competing Human Rights eLearning NARRATOR: Welcome to the Ontario Human Rights Commission's short video about competing human rights.

After you watch this video, you'll have a basic understanding about what competing human rights are. We'll also talk briefly about how to resolve competing human rights issues.

Let's look at an example.

National Aboriginal Day is on June 21, and an Aboriginal community centre planned to celebrate. It sent out notices encouraging staff and members of the Aboriginal community to take part in the event. Some community members who planned to attend requested that the day open with a traditional smudging ceremony, where a bundle of herbs would be burned.

Tala, a worker at the community centre, raised concern that she couldn't take part, because the smoke would aggravate her asthma.

On one hand, Tala has a right to attend the event without aggravating her asthma, because the Code requires her employer to accommodate her on the ground of disability. On the other hand, members of the Aboriginal community may argue that they have a right to accommodation under the Code-protected ground of creed. That's why this is may be a competing human rights issue.

How can we resolve this situation?

Both sides recognized the importance of each other's interests. The worker wanted the ceremony to proceed and the community members wanted the worker to take part. So they worked together and solved the problem by moving the opening ceremony outdoors and redirecting smoke away from the worker. This type of informal problem solving is called a “Quick resolution” process. In fact, the vast majority of competing human rights issues can be resolved this way – by working together to find a solution.

Where people understand their rights, recognize each other's claims and show respect for one another, the quick resolution process will usually be appropriate. The OHRC has developed a step-by-step framework for addressing competing rights. There are 3 stages in the full process: Recognizing competing rights claims, reconciling competing human rights claims and making decisions.

For quick resolution cases, the framework can be used for guidance and reference. In more complicated cases, or where the parties are less cooperative, the “full process” may be needed, and the framework should be applied in detail.

Thank you for watching this short video!

Want to know more? Detailed information about the step-by-step process for addressing competing human rights, including lots of examples, can be found in our interactive Competing human rights eLearning course. Click on the link to access it. You can also view the Policy and several other resources by clicking the links on your screen.

Competing Human Rights eLearning

Transcript at http://ohrc.on.ca/en/learning/competing-human-rights/welcome-and-introdu...

Simplified flow chart for competing rights conciliation

Flow chart for competing rights conciliation

This is a simplified version of the “Flow chart for competing rights conciliation” found in the Policy. It will give you a general idea about the overall stages involved in reconciling competing rights situations. You might want to print it off and keep it handy as you go through the course, so that you can see how the information you’re learning fits into the process.

     
Not a competing rights claim.
Graphic. An arrow pointing left.

Stage 1:

Is this a legitimate competing rights claim?
       
     
Graphic. An arrow pointing down.
 
Graphic. An arrow pointing down.
       
     
 
Regular human rights approaches.
 
 
Competing rights claim.
       
         
Graphic. An arrow pointing down.
       
        Graphic. An arrow pointing down.
 
Select an Alternative Dispute Resolution Model
Graphic. An arrow pointing down.      
       
 
Quick resolution
 
 
Full Process
     
        Graphic. An arrow pointing down.

Stage 2:

Reconciling Competing Rights
Graphic. An arrow pointing down.      
         
Graphic. An arrow pointing down.
       
         

Stage 3:

Making Decisions
       
Discrimination Type: 
Organizational Responsibility: 
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