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Family and marital status

The Code includes two grounds that provide protections for persons in relationships: marital status and family status. “Marital status” is defined in section 10 of the Code as “the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage”, including both same-sex and opposite sex relationships.

Family status” is defined as “the status of being in a parent and child relationship.”  This can also mean a parent and child “type” of relationship, embracing a range of circumstances without blood or adoptive ties but with similar relationships of care, responsibility and commitment.

The grounds of marital and family status intersect to cover a range of family forms, including lone parent and blended families, as well as families where the parents are in a ‘common law’ relationship. 

Relevant policy:

  1. Letter to Facebook on enforcing safeguards to prevent discriminatory housing, employment and credit ad targeting in Canada

    December 7, 2020

    The Canadian Human Rights Commission (CHRC) and Ontario Human Rights Commission (OHRC) welcome the news that Facebook has now implemented and is enforcing several safeguards to prevent discriminatory targeting of advertisements for housing, employment and credit opportunities in Canada.

  2. COVID-19 and Ontario’s Human Rights Code – Questions and Answers

    March 18, 2020

     

    Last updated October 20, 2022

    The OHRC has developed a series of questions and answers for understanding your human rights and obligations during the COVID-19 pandemic. These questions and answers cover the rights and responsibilities of employers and employees, tenants and landlords, as well as residential institutions.

    Disclaimer: The answers to the questions posed do not constitute legal advice. The OHRC continues to monitor the evolving situation and will update or add to these questions and answers on an ongoing basis as needed.

     

  3. Commission appeals advance human rights law (fact sheet)

    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.

  4. OHRC Insurance consultation cover letter

    October 14, 1999 - Insurance practices routinely make distinctions based on, among other things, gender, age, marital status and disability. While many of these distinctions are based on valid business practices, others raise questions and concerns. These concerns relate to the existence of non-discriminatory alternatives to current practices and about respect for human rights.

  5. Human rights and family status (brochure)

    2012 - The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination based on various grounds. The Code recognizes the dignity and worth of every person in Ontario, in employment, housing, facilities and services, contracts, and membership in unions, trade or vocational associations. The Code protects you from discrimination in these areas based on your family status.

  6. Building human rights into municipal planning is aim of new OHRC guide

    February 17, 2012

    Kingston - Attorney General John Gerretsen today joined Barbara Hall, Chief Commissioner of the Ontario Human Rights Commission, to launch In the zone: Housing, human rights and municipal planning. The guide offers municipalities information about their legal obligations, and about the tools and best practices they can apply to connect human rights and housing when making zoning and planning decisions.

  7. Human rights settlement aims to increase gender diversity in Ottawa Police Service

    December 2, 2015

    Toronto - A settlement has been reached with the Ottawa Police in a case that alleged a female police officer was denied training, job placement and promotion opportunities because of her family status, sex and maternity leaves. The Ontario Human Rights Commission (OHRC) intervened at the Human Rights Tribunal of Ontario to address systemic barriers to promotion and advancement that women can face. 

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