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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. Racism and racial discrimination: Systemic discrimination (fact sheet)

    2005 - Racial discrimination can result from individual behaviour as well as because of the unintended and often unconscious consequences of a discriminatory system. This is known as systemic discrimination. Systemic discrimination can be described as patterns of behaviour, policies or practices that are part of the structures of an organization, and which create or perpetuate disadvantage for racialized persons.

  2. What is racial profiling? (fact sheet)

    2003 - For the purposes of its inquiry, the Commission’s definition for "racial profiling" is any action undertaken for reasons of safety, security or public protection, that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin, or a combination of these, rather than on a reasonable suspicion, to single out an individual for greater scrutiny or different treatment.

  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. Racial discrimination (brochure)

    2012 - The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario. It applies to the areas of employment, housing, facilities and services, contracts, and membership in unions, trade or vocational associations. Under the Code, every person has the right to be free from racial discrimination and harassment.

  5. 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.

  6. Policy on Removing the “Canadian experience” barrier

    July 2013 - While the Ontario Human Rights Commission (OHRC) recognizes the significance of all of the barriers newcomers potentially face when trying to access the job market, this policy will focus on “Canadian experience” as an employment or accreditation requirement, and as a practice that raises human rights concerns. The OHRC’s position is that a strict requirement for “Canadian experience” is prima facie discrimination (discrimination on its face) and can only be used in very limited circumstances. The onus will be on employers and regulatory bodies to show that a requirement for prior work experience in Canada is a bona fide requirement, based on the legal test this policy sets out.

  7. Removing the "Canadian experience" barrier (brochure)

    Some employers ask people applying for jobs if they have “Canadian experience.” That can make it much harder for people new to Canada to find work. Some “regulatory bodies” (such as the professional associations for accountants or doctors) also ask for Canadian experience.

    The Ontario Human Rights Commission (OHRC) believes that asking for Canadian experience can result in discrimination. Employers and regulatory bodies should always have to show why Canadian experience is needed.

  8. Talking about Canadian experience (fact sheet)

    July 2013 - In October 2012, the Ontario Human Rights Commission (OHRC) hosted an online survey to learn more about the experiences of both job seekers and employers in dealing with requirements for Canadian experience. The survey was not about statistics – it was about giving people an opportunity to talk about the barriers they faced, and in the case of employers, the reasons for keeping or removing requirements for Canadian experience. We included many of stories and comments we heard in our new Policy on removing the “Canadian experience” barrier. The following sections highlight some of the recurring themes we heard, and some of the more poignant stories of people facing discrimination because they did not have Canadian experience.

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