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.
Factum of the proposed intervenor Ontario Human Rights Commission
Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.
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.
What is racial profiling?
Racial profiling is a specific type of racial discrimination that pertains to safety and security. The OHRC currently defines racial profiling as:
[A]ny action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.