Creed

1. Creed case law review

   May 2012 - What follows is a discussion of significant legal decisions dealing with religious and creed rights in Canada. The focus is on decisions made since the Commission issued its 1996 Policy on Creed and the Accommodation of religious observances. It does not review every decision, but those that may be important from a human rights perspective. In addition to a description of the case law, trends and areas where it is anticipated the case law will continue to evolve or be clarified are identified. The review will form the basis for further research and dialogue concerning the law in Canada as it relates to this significant area of human rights.

2. Khalsa Sikhs can wear kirpan in Toronto courthouses

   Toronto – Sikhs who wish to enter a Toronto courthouse wearing a kirpan (stylized representation of a sword) now face fewer barriers according to a settlement reached with the Toronto Police Service, Toronto Police Services Board, and the Ministry of the Attorney General. The Toronto Police Service (“TPS”) agreed to revise its procedures to ensure that practicing members of the Sikh faith will be allowed to wear kirpans in public areas of courthouses, subject to an individualized risk assessment.

3. Re: White liberal guilt

   Tarek Fatah is wrong to suggest I or anyone else “forced” Toronto Police to allow Khalsa Sikhs to wear kirpans in courtrooms. Acting Deputy Chief Jeff McGuire said the police were “pleased to have worked cooperatively to arrive at a procedure which recognizes the needs and rights of the Sikh community and the obligation to provide a safe, secure and accessible courthouse environment."

4. Taking a fresh look at creed

   From: Annual Report 2011-2012 - Human rights: the next generation

   From the very beginning 50 years ago, Ontario’s Human Rights Code included protection from discrimination because of creed. Half a century later, creed continues to be an area of discussion and sometimes conflict in communities across Ontario and across Canada.

5. Creed, freedom of religion and human rights - Special issue of Diversity Magazine - Volume 9:3 Summer 2012

   The articles presented here offer many insights on human rights, creed, freedom of religion and the law, and take many different positions based on many different perspectives. These articles serve as a starting point as we move forward to craft a new creed policy that reflects the changing needs and realities of today’s Ontarians.

6. Indigenous Peoples in Ontario and the Ontario Human Rights Code (brochure)

   2015 - The Ontario Human Rights Code is a provincial law that gives everybody the right to be free from discrimination in five parts of society – called social areas – based on one or more grounds. The five social areas are: employment, housing, services and facilities (such as education, health care, police, government, shops or restaurants), unions and vocational associations, and contracts or agreements.

7. As an employer do I have to give people time off for religious leave and do I also have to pay them?

   From: Frequently asked questions

   Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.

8. Commission intervenes in court case involving a Muslim woman's right to testify wearing her niqab (face covering)

   The central issue in this appeal is the apparent conflict between the intersecting religious and equality rights of a witness and the fair trial rights of the accused in the context of a criminal proceeding. The OHRC’s submissions set out a process, based in existing case law, to analyze and reconcile potentially competing rights. The proposed process can apply, with appropriate modifications, to any competing rights claims whether they arise under the Canadian Charter of Rights and Freedoms (the Charter), human rights legislation, the common law or otherwise.

9. Human rights and creed: emerging issues (backgrounder)

   September 2013 - The OHRC is currently updating its 1996 Policy on creed. The goal is to clarify the OHRC’s interpretation of human rights based on creed under the Ontario Human Rights Code (the Code) and advance human rights understanding and good practice in this area. The update, which began in 2011, will take two to three years to finish. It will involve extensive research and consultation, and will draw on lessons learned from the OHRC’s recent work on the Policy on competing human rights.

10. The Ontario Human Rights Commission and Christian Horizons today released the following statement

    Christian Horizons and the Ontario Human Rights Commission are pleased to announce a partnership initiative to enhance diversity within the CH workforce, strengthening CH's mission to serve people living with developmental disabilities. As part of the initiative, CH will be welcoming applications for future vacancies in support worker and program manager positions from all persons regardless of creed.

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