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Legal

The OHRC uses targeted legal action, including Public Interest Inquiries, to advance an expansive interpretation of the Code, establish important precedents that adopt OHRC policies, promote broader public change, and pursue public interest remedies. Some of our most recent case work can be found below. Each Annual Report also reviews the past year’s legal work.

The OHRC's Litigation and inquiry strategy sets out when and how the OHRC decides to conduct an inquiry or take an application to the Human Rights Tribunal or when to intervene in a legal proceeding. 

To request a Commission initiated-application, inquiry or intervention, contact legal@ohrc.on.ca

See our Litigation and Inquiry Strategy for more information about OHRC legal action.

  1. Setting new standards for defining discrimination

    From: Annual Report 2010-2011: Looking back, moving forward

    Preventing discrimination is at the heart of the Ontario Human Rights Code. The courts and tribunals continue to clarify what this means. One example is a landmark ruling in September 2010.

    In Tranchemontagne v. the Ministry of Community and Social Services, the Ontario Court of Appeal upheld a lower court ruling that two alcoholics were entitled to disability benefits. This case looked at what constituted discrimination in human rights law.

  2. Rental housing licensing Inquiries

     

    Two public interest inquiries by the Ontario Human Rights Commission (OHRC) will explore if new rental housing licensing bylaws in North Bay and Waterloo create discriminatory barriers to rental housing. The inquiries are being conducted under the OHRC’s Human Rights Code mandate to promote, advance and protect human rights in Ontario.

  3. Human Rights settlement reached with Ministry of Education on Safe Schools - Terms of settlement

    WHEREAS on July 7, 2005, the OHRC initiated a complaint, number GKEA-6DUH6W, pursuant to subsection 32(2) of the Human Rights Code in the public interest and on behalf of racialized students and students with disabilities alleging that the application of the safe schools provisions of the Education Act and the Ministry’s and school boards’ policies on discipline are having a disproportionate impact on racial minority students and students with disabilities. NOW THEREFORE, the Parties agree to settle these matters as follows:

  4. Fishing without fear: Follow-up report on the Inquiry into assaults on Asian Canadian anglers

    April 2009 - The goal of this report is to identify the progress of the commitments made by 22 organizations across Ontario in response to the Ontario Human Rights Commission’s (“Commission”) Inquiry into Assaults on Asian Canadian Anglers. From these commitments, best practices can be drawn. The Commission has also been monitoring any further incidents, and a description of these is provided.

  5. Fishing without fear: Report on the inquiry into assaults on Asian Canadian anglers

    May 2008 - During the Inquiry into Assaults on Asian Canadian Anglers, the Commission met with 21 organizations to identify solutions. These organizations included police services, municipalities, provincial government ministries, and community organizations. The Commission obtained over 50 commitments from these organizations and made an additional seven commitments. This report is an account of the results of the Inquiry.

  6. "Next Stop, Accessibility" Report on the public transit stop announcements in Ontario

    April 2008 - In October 2007, in response to recent developments and ongoing concerns in the area of transit accessibility, the Commission began an inquiry into whether transit providers across the province announce transit stops. Through this initiative, the Commission hoped to improve awareness in the transit sector of the importance of announcing all stops for the purposes of inclusion and accessibility, and to secure commitments toward quickly developing and implementing stop announcement plans.
  7. 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.

  8. 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.
  9. Backgrounder - Tribunal finds Falun Gong a protected creed under Ontario's Human Rights Code

    Western scholars of religion would characterize Falun Gong as a new religious movement. The essence of Falun Gong is spiritual elevation. Falun Gong practitioners believe in the existence of gods and divine beings in the cosmos. Its leader, Li Hongzhi, has written a form of ‘scripture.‘ His message is profoundly moral.

  10. Racial profiling inquiry: Objectives (fact sheet)

    December 2003 - The Commission’s racial profiling inquiry initiative was undertaken in response to community concerns about the impact of profiling on members of their respective communities. The inquiry’s main objectives were to give individuals who had been subjected to profiling an opportunity to share those experiences and to show its effects on their families and communities. In doing so, the Commission hoped to raise public awareness of the harmful effects and the social costs of racial profiling.

  11. Racial profiling inquiry: Background and process

    December 2003 - The Report wraps up the Commission’s inquiry initiative by relating what the Commission heard and providing an analysis of the effects of profiling on more than just the individuals and communities most likely to experience it. The Report also analyzes the detrimental impact that profiling is having on societal institutions such as the education system, law enforcement agencies, service providers, etc., and providers, etc., and provides recommendations for bringing an end to this practice.

  12. 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.
  13. What is racial profiling? (fact sheet)

    2003 - For the purposes of its inquiry, the Commission’s definition for "racial profiling" is any action undertaken for reasons of safety, security or public protection, that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin, or a combination of these, rather than on a reasonable suspicion, to single out an individual for greater scrutiny or different treatment.

  14. Appendices

    From: Consultation report: Human rights issues in insurance

    List of Acronyms

    Canadian Life and Health Insurance Association (CLHIA)

    Canadian Loss Experience Rating System (CLEAR)

    Canadian Standards Association (CSA)

    Coalition for Fair and Just Treatment of Ontarians (CFJTO)

    Financial Services Commission of Ontario (FSCO)

    HIV-AIDS Legal Clinic of Ontario (HALCO)

    Independent Financial Brokers of Canada (IFBC)
    (Formerly the Independent Life Insurance Brokers of Canada and the Independent Financial Services Brokers of Canada)

    Insurance Bureau of Canada (IBC)

  15. Consultation report: Human rights and public transit services in Ontario

    March 2002 - This Report is based on the many and varying viewpoints presented to the OHRC in the course of its public consultation on accessible public transportation in Ontario. Conventional and paratransit systems are examined in depth, in terms of the human rights principles that apply, the issues raised, and the impact on older persons, persons with disabilities, and families with young children. Three key issues raised throughout the consultation were funding, standards, and roles and responsibilities. These issues are examined in depth.

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