On June 30, 2008, the role of the Ontario Human Rights Commission changed. The Commission will no longer accept complaints of discrimination. As a result, some publications may contain information that is out-of-date. Click here to read more about the Commission’s changing mission.

Ontario’s Human Rights Code

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 professional associations.

Under the Code, every person has the right to be free from racial discrimination and harassment.You should not be treated differently because of your race or other related grounds, such as your ancestry, ethnicity, religion or place of origin, in areas covered by the Code such as while you are at work, at school, trying to rent an apartment, or eating a meal in a restaurant.

Racism and Racial Discrimination

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 Aboriginal 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.

The Ontario Human Rights Commission describes communities facing racism as “racialized.” This is because society artificially constructs the idea of “race” based on geographic, historical, political, economic, social and cultural factors, as well as physical traits, that have no justification for notions of racial superiority or racial prejudice.

Racism is a broader experience and practice than racial discrimination. It is an ideology that either directly or indirectly asserts that one group is inherently superior to others. Racism can be openly displayed in racial jokes and slurs or hate crimes, but can also be more deeply rooted in attitudes, values and stereotypical beliefs. In some cases, these are unconsciously held and have evolved over time, becoming embedded in systems and institutions, and also associated with the dominant group’s power and privilege.

Racial discrimination is a legally prohibited expression of racism. It is any action based on a person’s race, intentional or not, that imposes burdens on a person or group and not on others, or that withholds or limits access to benefits available to other members of society in areas covered by the Code. Race only needs to be one factor in a situation for racial discrimination to have occurred.

Racial harassment is a form of discrimination. It includes comments, jokes, name-calling, display of pictures or behaviour that insults you, offends you or puts you down because of your race and other related grounds.

Racial discrimination can often be very subtle, such as being assigned to less desirable jobs, or being denied mentoring and development opportunities. It might also mean being subjected to different management standards than other workers, being denied an apartment because you appear to have Aboriginal ancestry, or facing unfair scrutiny by police while driving or by security staff at a shopping mall.

Systemic Racial Discrimination

Racial discrimination can arise on a systemic or institutional level from everyday rules and structures that are not consciously intended or designed to discriminate. Patterns of behaviour, policies or practices that are part of the structures of an organization or an entire sector can create or perpetuate disadvantage for racialized persons. Organizations should be aware that their “normal way of doing things” might be having a negative impact on racialized persons.

For example, in the education sector, systemic discrimination can include: stereotyping that streams racialized students towards technical programs instead of academic ones; or low representation of racialized principals as a result of promotion practices that embed cultural and organizational factors that favour White applicants.

Identifying and Addressing Racial Discrimination

Organizations have a responsibility to take proactive steps to make sure that they are not taking part in, condoning or allowing racial discrimination or harassment to occur.

A good place to start is to develop a solid antiracism program that can help prevent as well as address individual and systemic forms of racial discrimination. This might include:

• Collecting numerical data in appropriate circumstances
• Accounting for historical disadvantage
• Reviewing policies, practices, decisionmaking processes and workplace culture, for adverse impact
• Putting in place and enforcing antidiscrimination and anti-harassment policies and education programs.

An anti-racism program will also make it easier for organizations to promote equity and diversity goals, and it makes good business sense.

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© 2008 Government of Ontario

RACIAL HARASSMENT

What Does “Racial Harassment” Mean?

“Racial harassment” means that someone is bothering you, threatening you or treating you unfairly because of your:

• race
• colour
• ancestry

Racial harassment may also be connected to where you were born, where you lived before moving to Ontario, your religious belief, your ethnic background, citizenship, or even your language.

It is against the law for anyone to harass you, insult you, or treat you unfairly for any of these reasons.

The Ontario Human Rights Code (the “Code”) protects you from racial harassment or discrimination. Your rights are protected where you work, live, or get a service. These services include places such as apartments, restaurants, hotels, hospitals and schools. The Code also protects you from discrimination when you sign a contract or join a union, trade or vocational association.

When is it Harassment?

Racial harassment can happen when someone:

• makes racial slurs or jokes
• ridicules or insults you because of your racial identity
• puts up cartoons or pictures that degrade persons of a particular racial group
• calls you names because of your race, colour, citizenship, place of origin, ancestry, ethnic background or creed

These kinds of behaviour are wrong even when they are not directed towards you, because they hurt people and make them feel uncomfortable. They can make living and working together very difficult.

Racial harassment can have a bad effect on, or “poison”, the places where you live, work or receive services. Even if the harassment is not directed at you, it can still poison the environment for you and others.

How do you know if the environment is poisoned? One way is to look at the effect of negative comments or actions. For instance, if certain racial slurs or actions make you or others feel uncomfortable in the workplace or fearful of returning to work, this could indicate that the work environment is poisoned.

What Can I Do?

If you feel you have been harassed, you could try to tell that person to stop. The person who is harassing you could be:

• your employer or co-worker
• a janitor, building manager or building owner
• your teacher
• a person living in your building

If it happens at work, you can speak to the person’s boss or tell your union representative. If it happens in your building, you can notify your landlord.

Is it My Responsibility to Make it Stop?

Although you can try to make the harassment stop, it is not your responsibility alone. You might feel that saying or doing something might put you, your job, or your housing at risk. If this is the case, go to someone else in authority.

In Ontario, employers, contractors, professional associations, unions, and people who provide rental housing accommodation and other services, have the responsibility to make sure that racial harassment does not occur on their property, in their workplace, or in their facilities.

Racial Harassment Can Lead to Violence

Silence or doing nothing will not typically make racial harassment go away and sometimes such behaviour can lead to violence. If you feel uncomfortable or threatened, speak to a person in authority about it (a supervisor, the owner of the store, etc.).You can contact the Human Rights Tribunal of Ontario to file an application. Where harassing behaviour makes you feel like you’re in danger or leads to violence, you should call the police.

For More Information

The Ontario Human Rights Commission’s Policy and Guidelines on Racism and Racial Discrimination and other publications are available at www.ohrc.on.ca.

To file an application please contact the Human Rights Tribunal of Ontario at:
Toll Free: 1-866-598-0322
TTY Toll Free: 1-866-607-1240
Website: www.hrto.ca

To discuss your rights or if you need legal help please contact the Human Rights Legal Support Centre at:
Toll Free: 1-866-625-5179
TTY Toll Free: 1-866-612-8627
Website: www.hrlsc.on.ca

Aussi disponible en français.
© 2008 Government of Ontario