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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. 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.

  3. 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.

  4. Eliminating discrimination to advance the human rights of women and transgender people

    From: OHRC policy position on sexualized and gender-specific dress codes

    March 8, 2016 - Through its public education, policy development, outreach and litigation functions, the Ontario Human Rights Commission (OHRC) continues to work with community partners to challenge gender inequality and promote and advance the human rights of women and trans people in Ontario. Here is some of the work the OHRC has done in the past year:  

  5. OHRC Response to the Race Data and Traffic Stops in Ottawa Report

    November 26, 2016 - The OPS’s Traffic Stop Race Data Collection Project (TSRDCP) arose as a result of a human rights complaint, in which a young Black man alleged that he experienced racial profiling by OPS officers. As part of the settlement, the OPS agreed that its officers would collect race-based data on traffic stops for two years beginning in 2013. The OPS fully complied with the settlement and even went beyond what was required in its data collection efforts, resulting in a comprehensive police data collection initiative. The research findings that have arisen from the data collection are alarming and are consistent with racial profiling.

  6. Under suspicion: Research and consultation report on racial profiling in Ontario

    May 3, 2017 - During the consultation, we heard many perspectives and experiences. We heard concerns about racialized and Indigenous peoples being subjected to unwarranted surveillance, investigation and other forms of scrutiny, punitive actions and heavy-handed treatment. We also tried to explore other, less well-understood forms of racial profiling, which may be systemic in nature. This report presents what we learned about institutional policies, practices, prediction and assessment tools, and decision-making processes, which may seem neutral but may nonetheless amount to systemic racial profiling. 

  7. Under suspicion: Concerns about child welfare

    Racial profiling is an insidious and particularly damaging type of racial discrimination that relates to notions of safety and security. Racial profiling violates people’s rights under the Ontario Human Rights Code (Code). People from many different communities experience racial profiling. However, it is often directed at First Nations, Métis, Inuit and other Indigenous peoples, Muslims, Arabs, West Asians and Black people, and is often influenced by the negative stereotypes that people in these communities face.

  8. Under suspicion: Concerns about racial profiling in education

    Racial profiling is an insidious and particularly damaging type of racial discrimination that relates to notions of safety and security. Racial profiling violates peoples’ rights under the Ontario Human Rights Code (Code). People from many different communities experience racial profiling. However, it is often directed at First Nations, Métis, Inuit and other Indigenous peoples, Muslims, Arabs, West Asians and Black people, and is often influenced by the negative stereotypes that people in these communities face.

  9. 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.

  10. Under suspicion: Concerns about racial profiling by police

    Racial profiling is an insidious and particularly damaging type of racial discrimination that relates to notions of safety and security. Racial profiling violates peoples’ rights under the Ontario Human Rights Code (Code). People from many different communities experience racial profiling. However, it is often directed at First Nations, Métis, Inuit and other Indigenous peoples, Muslims, Arabs, West Asians and Black people, and is often influenced by the negative stereotypes that people in these communities face.

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