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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. Re: Dafonte Miller and Implementation of Justice Tulloch’s Recommendations

    August 15, 2017 - Dear Minister Naqvi, Directors McNeilly and Loparco, and Chair Lamoureux: We, the undersigned, urge the Government of Ontario, the Special Investigations Unit (“SIU”), the Office of the Independent Police Review Director (“OIPRD”), and the Ontario Civilian Police Commission (“OCPC”), to immediately and transparently implement recommendations made by the Honourable Justice Michael Tulloch in his Report of the Independent Police Oversight Review submitted to the Ministry of the Attorney General in March 2017.

  2. Interrupted childhoods: Over-representation of Indigenous and Black children in Ontario child welfare

    When child welfare authorities remove children from their caregivers because of concerns about abuse or neglect, it can be traumatic and tragic for everyone involved – children, their families and even their communities. Being admitted into care comes with far-reaching consequences that can have a negative impact on children’s future ability to thrive. It is an unfortunate reality that some children need to be placed in care to keep them safe. But too often, for First Nations, Métis, Inuit, Black and other racialized families, being involved with the child welfare system and having a child removed is fraught with concerns that the system is not meeting their or their children’s needs, is harmful, and may be discriminatory.

  3. 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.

  4. Policy on height and weight requirements

    June 1996 - Standards for height and weight are sometimes used to screen or evaluate job applicants. In the OHRC's experience, this tends to occur in recruitment for occupations that traditionally have been male dominated. These standards or selection criteria are based on the average physical stature of men in the majority population group. Women and members of racialized groups are, on the average, physically smaller than members of the majority population group. Consequently, these groups tend to be disadvantaged by height and weight criteria. The policy of the OHRC with regard to such recruitment practices is set out below. This policy applies to all height and weight criteria used in the context of employment.
  5. Policy on discrimination and language

    June 1996 - This policy statement sets out the OHRC’s position on language-based discrimination in the areas of employment, accommodation, services, contracts, and membership in trade unions, trades, occupational associations or self-governing professions. Although the Code does not explicitly identify "language" as a prohibited ground of discrimination, the Human Rights tribunal of Ontario may consider claims under a number of related grounds, such as ancestry, ethnic origin, place of origin and in some circumstances, race. In the Commission's experience, language can be an element of a complaint based on any of these grounds.

  6. 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.
  7. 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.
  8. Policy and guidelines on racism and racial discrimination

    June 2005 - This policy sets out the OHRC’s position on racism, racial discrimination and racial harassment, at the time of publication. It replaces the OHRC’s 1996 Policy on Racial Slurs and Harassment and Racial Jokes. It deals with issues that fall within the OHRC’s jurisdiction and which can form the subject matter of an application to the Tribunal. The policy is therefore bounded by the provisions of the Ontario Human Rights Code and Canada’s legal framework for analyzing discrimination. At the same time, the policy interprets the protections in the Code in a broad and purposive manner.
  9. Preliminary findings: Inquiry into assaults on Asian Canadian Anglers

    December 2007 - During the summer and fall of 2007, there were reports of a series of incidents across southern and central Ontario in which Asian Canadian anglers were physically or verbally assaulted. Racial slurs were associated with a number of these incidents. The Ontario Human Rights Commission (“the Commission”) was gravely concerned by these reports.

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