April 2012 - The main goal of this policy is to provide clear, user-friendly guidance to organizations, policy makers, litigants, adjudicators and others on how to assess, handle and resolve competing rights claims. The policy will help various sectors, organizations and individuals deal with everyday situations of competing rights, and avoid the time and expense of bringing a legal challenge before a court or human rights decision-maker. It sets out a process, based in existing case law, to analyze and reconcile competing rights. This process is flexible and can apply to any competing rights claim under the Canadian Charter of Rights and Freedoms, provincial or federal human rights legislation or another legislative scheme.
Policies and guidelines
January 2011 - Sexual harassment is a form of discrimination based on sex. The Ontario Human Rights Code (the Code) prohibits all forms of discrimination based on sex, and includes provisions that focus on sexual harassment. The principles set out in this policy will, depending on the circumstances, apply to instances of sexual harassment in any of the social areas covered by the Code. However, to reflect the most important recent developments in the law and in social science research, this policy will focus on the areas of employment, housing and education.
July 2009 - The Policy sets out the OHRC’s position on discrimination in the area of rental housing as it relates to the provisions of the Ontario Human Rights Code (the Code), and to Canada’s international human rights obligations. It deals primarily with issues that fall within the Code and could be the subject of a human rights claim. At the same time, the Policy interprets the protections of the Code in a broad and purposive manner. This approach is consistent with the principle that the Code’s quasi-constitutional status requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are reached.
December 2008 - The Policy examines the different ways in which women experience discrimination on the basis of pregnancy and breastfeeding. Discrimination may take place in employment, in housing accommodation, or in the receipt of services, goods and facilities. Discriminatory behaviour may be rooted in negative attitudes and stereotypes. It may be direct, or it may be subtle. It may be systemic or institutional. It may arise out of a failure to accommodate the needs of a woman relating to pregnancy or breastfeeding. Women who are pregnant or breastfeeding may also experience harassment and poisoned environments where they work, live or where they receive services.
March 2007 - This Policy sets out the Commission’s position on discrimination on the basis of family status as it relates to the provisions of the Code. It deals only with issues that fall within the Code and that could be the subject of a human rights complaint. At the same time, the Policy interprets the protections of the Code in a broad and purposive manner, consistent with the principle that the quasi-constitutional status of the Code requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are attained. The Commission’s Consultation Report contains a broader examination of social policy issues affecting persons disadvantaged by family status.
February 2007 - This policy sets out the OHRC’s position on discrimination against older persons as it relates to the provisions of the Code. It deals only with issues that fall within Parts I and II of the Code and that could form the basis of a human rights claim. Time for Action contains a broader examination of social policy and other issues which must be addressed through positive action by government and community partners. In addition, the OHRC is engaged in, and will continue to undertake, initiatives to address broader human rights issues related to age.
January 2006 - This policy sets out the position of the OHRC with respect to sexual orientation at the time of publication, and replaces the OHRC’s earlier policy, approved in January 2000. The policy was developed based on extensive research and community consultations, and was updated in 2006 to reflect the significant legal and legislative changes that took place after the initial document was approved. This policy deals primarily with issues that could form the basis of a human rights claim of discrimination. The policy is therefore bounded by the provisions of the 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.
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.
December 2009 - The Guidelines take key principles from the OHRC’s Policy and Guidelines on Disability and the Duty to Accommodate (“Disability Policy”) and apply them to the educational context. They are intended to provide guidance to support education providers and students with disabilities in the fulfilment of their duties and rights under the Code.
November 2000 - Under the Code, everyone has the right to be free from discrimination because of disability or perceived disability in the social areas of employment, services, goods, facilities, housing, contracts and membership in trade and vocational associations. This right means that persons with disabilities have the right to equal treatment, which includes the right to accessible workplaces, public transit, health services, restaurants, shops and housing.