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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. 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.

  3. 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:  

  4. 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.

  5. 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. 

  6. 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.

  7. 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.

  8. Removing the “Canadian experience” barrier – A guide for employers and regulatory bodies

    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.

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