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  1. Creed accommodation involving cross-sex contact

    July 29, 2015

    Where two human rights conflict, the Supreme Court of Canada has said no rights are absolute, no one right automatically “trumps” any other, and any human right can be limited if it interferes with the rights of others.

    Girls and women often face sexism, marginalization, discrimination, harassment and exclusion throughout society. Women have fought hard over the years for equal rights and treatment.

    People belonging to minority creed communities have faced religious intolerance, including serious persecution, harassment, racism and discrimination.  

  2. 3. Issues unique to creed accommodation

    From: Human rights and creed research and consultation report

    While the notion of accommodation has been most developed in the context of disability, it is not new to creed. There are unique accommodation issues specific to creed that arise, in part due to the unique nature of religion and creed as a form and basis of social difference. Creed practices and observances, particularly those connected to religion, for instance, generally include collective dimensions and expressions, which can grate against the grain of widely accepted accommodation norms and principles (e.g.

  3. 2. Arguments for not limiting the definition of creed to religion and including secular ethical and moral beliefs

    From: Human rights and creed research and consultation report

    2. 1. Principles of statutory construction and interpretation

    Some of the main arguments for not limiting the OHRC policy definition of creed to religion are derived from principles of statutory construction and interpretation. Among those discussed below include:

  4. 4. Potential threshold criteria for qualifying as a creed

    From: Human rights and creed research and consultation report

    Whatever policy definition is eventually adopted, leaving the definition of creed completely open-ended, without any threshold criteria, could impose too onerous a burden on Ontario organizations to determine what constitutes a creed meriting protection under the Code. It would also fail to recognize the few limits and guidelines that have been set out in existing case law.