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Submissions and facta

The OHRC regularly makes submissions to various levels of government (provincial, federal and municipal) on laws or regulations that are being considered.

These submissions generally involve looking at the draft laws from a human rights perspective. The OHRC also makes submissions to international bodies like the United Nations, to other organization’s consultation and research projects, and to legal commissions and inquiries.

A factum is a legal document outlining an opinion or argument about cases being considered by courts and tribunals. A factum can refer to a small, distinct point being considered, or could offer an expansive recommendation about how to best decide the merits of the case. Each case is different – and so is the size and scope of each factum.

  1. Commission intervenes in court case involving a Muslim woman's right to testify wearing her niqab (face covering)

    The central issue in this appeal is the apparent conflict between the intersecting religious and equality rights of a witness and the fair trial rights of the accused in the context of a criminal proceeding. The OHRC’s submissions set out a process, based in existing case law, to analyze and reconcile potentially competing rights. The proposed process can apply, with appropriate modifications, to any competing rights claims whether they arise under the Canadian Charter of Rights and Freedoms (the Charter), human rights legislation, the common law or otherwise.

  2. Frederick Moore on behalf of Jeffrey P. Moore v. Her Majesty the Queen in Right of the Province of British Columbia as represented by the Ministry of Education, et al.

    Factum of the interveners the Ontario Human Rights Commission, the Saskatchewan Human Rights Commission and the Alberta Human Rights Commission.

  3. Phipps v. Toronto Police Services Board

    The OHRC intervened at the Tribunal in a complaint by Ron Phipps – a case which raised some tough issues. The Tribunal ruled Phipps had been subjected to racial profiling in 2005 by a Toronto police officer. The officer stopped Phipps when he was delivering mail in an affluent Toronto neighbourhood, checked with a homeowner Phipps spoke to, trailed him and checked his identity with a White letter carrier.

  4. Preliminary Comments on proposed reforms to Ontario's Human Rights System

    March 7, 2006 - On February 20th, 2006, Attorney General Michael Bryant announced proposals to reform the human rights system of Ontario. The proposals call for the Ontario Human Rights Commission (the “Commission”) to focus on “proactive measures, such as public education, promotion and public advocacy, as well as research and monitoring to address systemic discrimination in Ontario. Under the proposed changes, the Commission would “maintain the ability to bring a complaint on its own behalf before the tribunal or to intervene in other complaints”, and would become home to a new racial diversity secretariat.

  6. OHRC Submission to the MMAH on proposed changes to the Ontario Building Code

    March 1 2013 - The OHRC recognizes that accessibility requirements have been enhanced with each new edition of the Building Code regulation and welcomes the latest proposal for new barrier-free design requirements. The OHRC also has a number of concerns about the proposed changes as well as additional recommendations for barrier-free requirements in the Building Code regulation.

  7. Submission from the Ontario Human Rights Commission to the Statutory Public Meeting for the Draft City-wide Zoning By-law

    March 2013 - The Ontario Human Rights Commission (OHRC) is pleased to provide input on the City of Toronto’s Draft Zoning By-law. But we remain concerned that some central human rights issues are not addressed.

  8. MMAH Provincial Policy Statement Review on land use planning - OHRC submission

    November 23, 2012 - The Ontario Ministry of Municipal Affairs and Housing (MMAH) is proposing amendments to the Provincial Policy Statement (PPS) 2005 on land use planning issued under the Planning Act (Act). The Act requires the PPS be reviewed every five years. The Ministry began the review in March 2010. The Ontario Human Rights Commission (OHRC) is pleased to see proposed amendments that address some of the concerns and recommendations from its initial submission made in 2010 as well as other amendments that would further advance protection for human rights. The OHRC especially welcomes proposed additions that would recognize the interests of Aboriginal communities.

  10. OHRC submission re: MCSS proposed regulation amending Ontario Regulation 191/11 (IASR) under the AODA, 2005

    October 1, 2012 - Ontario Human Rights Commission Submission Regarding Ministry of Community and Social Services Proposed regulation amending Ontario Regulation 191/11 (Integrated Accessibility Standards) under the Accessibility for Ontarians with Disabilities Act, 2005. The OHRC welcomes the introduction of new accessibility standards for outdoor space including the requirement for organizations to consult with persons with disabilities. The OHRC, however, has a number of concerns and recommendations...

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