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Race and related grounds

Under the Code, every person has the right to be free from racial discrimination and harassment in the social areas of employment, services, goods, facilities, housing accommodation, contracts and membership in trade and vocational associations. You should not be treated differently because of your race or other related grounds, such as your ancestry, ethnicity, religion or place of origin. 

Canada, its provinces and territories have strong human rights laws and systems in place to address discrimination. At the same time, we also have a legacy of racism – particularly towards Indigenous persons, but to other groups as well including African, Chinese, Japanese, South Asian, Jewish and Muslim Canadians – a legacy that profoundly permeates our systems and structures to this day, affecting the lives of not only racialized persons, but also all people in Canada.

Relevant policies: 

  1. A Collective Impact: Interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service

    From: Public interest inquiry into racial profiling and discrimination by the Toronto Police Service

    In November 2017, the OHRC launched its inquiry into racial profiling and racial discrimination of Black persons by the TPS to help build trust between the police and Black communities. The goal of the inquiry was to pinpoint problem areas and make recommendations. This Interim Report describes what the OHRC has done to date. It provides findings relating to SIU investigations of police use of force resulting in serious injury or death, describes the lived experiences of Black individuals, and offers highlights of legal decisions.

  2. de Lottinville and the application of Section 45.1 of Ontario's Human Rights Code

    February 25, 2015 - In the past, people who experienced discrimination or harassment by police had to decide whether to file an officer misconduct complaint under the Police Services Act (“PSA”) or an application with the Human Rights Tribunal of Ontario (“HRTO”). The PSA provides a public complaints process, revised through amendments in 2009 which also established the Office of the Independent Police Review Director (“OIPRD”). If they filed both, there was a real risk that their HRTO application would be dismissed.

  3. The Ontario Safe Schools Act: School discipline and discrimination

    July 2003 - The main purpose of this report is to examine whether the Ontario Safe Schools Act and Regulations and the school board policies on discipline, known by some as “zero tolerance” policies, are having a disproportionate impact on racial minority students and students with disabilities. Advocates of zero tolerance argue that the policies are colour blind and fair because all the students who commit the same offence will be treated the same. Opponents point to other jurisdictions where there is data showing that suspensions and expulsions have a disproportionate impact on Black and other racial minority students and students with disabilities.
  4. Paying the price: The human cost of racial profiling

    October 2003 - The Report begins with a brief explanation and definition of racial profiling. In addition, the Report explains the human cost of racial profiling on the individuals, families and communities that experience it. It details the detrimental impact that profiling is having on societal institutions such as the education system, law enforcement agencies, service providers and so forth. It also outlines the business case against profiling – in essence the economic loss sustained as a result of racial profiling.
  5. Racial profiling inquiry: Background and process

    December 2003 - The Report wraps up the Commission’s inquiry initiative by relating what the Commission heard and providing an analysis of the effects of profiling on more than just the individuals and communities most likely to experience it. The Report also analyzes the detrimental impact that profiling is having on societal institutions such as the education system, law enforcement agencies, service providers, etc., and providers, etc., and provides recommendations for bringing an end to this practice.

  6. Human Rights settlement reached with Ministry of Education on Safe Schools - Terms of settlement

    WHEREAS on July 7, 2005, the OHRC initiated a complaint, number GKEA-6DUH6W, pursuant to subsection 32(2) of the Human Rights Code in the public interest and on behalf of racialized students and students with disabilities alleging that the application of the safe schools provisions of the Education Act and the Ministry’s and school boards’ policies on discipline are having a disproportionate impact on racial minority students and students with disabilities. NOW THEREFORE, the Parties agree to settle these matters as follows:

  7. Backgrounder - Commission settles complaints with the Dufferin-Peel Catholic District School Board

    October 2005 - The Dufferin-Peel Catholic District School Board (the “Board’) agrees that, when teachers or school administrators are alleged to have made inappropriate remark(s) toward a student regarding that student's race, colour, ethnic origin, place of origin, creed, or disability, or other grounds as protected by the Ontario Human Rights Code , or to have purposefully failed to appropriately accommodate the needs of disabled students, the Board shall investigate the allegations and implement measures, where appropriate, to ensure accountability. Such measures shall include, in appropriate circumstances, discipline up to and including termination.

  8. Backgrounder - Project Charter: Ontario Human Rights Commission / Toronto Police Service / Toronto Police Services Board

    July 2007 - Over the past few years in efforts to resolve human rights complaints, the Ontario Human Rights Commission (OHRC) approached the Toronto Police Services Board (TPSB) and the Toronto Police Service (TPS) to include specific public interest remedies.

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