Saskatchewan Human Rights Commission v. Whatcott
Factum of the intervener Ontario Human Rights Commission.
Under the Ontario Human Rights Code, discrimination because of creed is against the law. Everyone should have access to the same opportunities and benefits, and be treated with equal dignity and respect, regardless of their creed.
The Code does not define creed, but the courts and tribunals have often referred to religious beliefs and practices. Creed may also include non-religious belief systems that, like religion, substantially influence a person’s identity, worldview and way of life. People who follow a creed, and people who do not, have the right to live in a society that respects pluralism and human rights and the right to follow different creeds.
Relevant policies:
Factum of the intervener Ontario Human Rights Commission.
Under the Ontario Human Rights Code, discrimination because of religion (creed) is against the law. Everyone should have access to the same opportunities and benefits, and be treated with equal dignity and respect, regardless of their religion. Religion includes the practices, beliefs and observances that are part of a faith or religion. It does not include personal moral, ethical or political views. Nor does it include religions that promote violence or hate towards others, or that violate criminal law.
The Ontario Human Rights Commission and the Ontario Ministry of Education have finalized a settlement of a human rights complaint initiated by the Commission against the Ministry and the Toronto District School Board (TDSB) in July 2005. A settlement was reached separately with the TDSB in November 2005.
June 2006 - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.
2012 - Racial harassment may be based on a combination of any of the above characteristics. It may also be because of things related to them, such as if you wear clothing related to your background, speak with an accent or practice a certain religion. It is against the law for anyone to harass you, insult you, or treat you unfairly for any of these reasons.
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.
July 2002 - While not referring to any existing private schools, Chief Commissioner Keith C. Norton has publicly expressed concerns regarding the Ontario government’s proposed tax credit for parents who send their children to private schools.
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.