I am here today on behalf of the Ontario Human Rights Commission to indicate our general support for this proposed legislation.Let there be no doubt. Bullying is a critical human rights matter. Ontario’s Human Rights Code is Ontario’s highest law. All schools, including public, Catholic and private, have a legal duty to provide students with an educational environment free from harassment and other forms of discrimination because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability and sex including gender identity.
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.
This submission outlines recent developments for the reporting period June 1, 2011 through May 31, 2012 related to discrimination in employment and the Ontario Human Rights Commission’s (the OHRC) mandate. It includes OHRC activities, recent case law and comment regarding relevant ILO Committee observations and direct requests.
November 23, 2012 - The Ontario Ministry of Municipal Affairs and Housing (MMAH) is proposing amendments to the Provincial Policy Statement (PPS) 2005 on land use planning issued under the Planning Act (Act). The Act requires the PPS be reviewed every five years. The Ministry began the review in March 2010. The Ontario Human Rights Commission (OHRC) is pleased to see proposed amendments that address some of the concerns and recommendations from its initial submission made in 2010 as well as other amendments that would further advance protection for human rights. The OHRC especially welcomes proposed additions that would recognize the interests of Aboriginal communities.
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.
July 2013 - When an employer requires people applying for jobs to have “Canadian experience,” or where a regulatory body requires “Canadian experience” before someone can get accredited, they may create barriers for newcomers to Canada. Requiring “Canadian experience” could violate the Ontario Human Rights Code (the Code), which protects people from discrimination based on grounds such as race, ancestry, colour, place of origin and ethnic origin.