May 2012 - What follows is a discussion of significant legal decisions dealing with religious and creed rights in Canada. The focus is on decisions made since the Commission issued its 1996 Policy on Creed and the Accommodation of religious observances. It does not review every decision, but those that may be important from a human rights perspective. In addition to a description of the case law, trends and areas where it is anticipated the case law will continue to evolve or be clarified are identified. The review will form the basis for further research and dialogue concerning the law in Canada as it relates to this significant area of human rights.
A web-based resource to add a human face to Ontario’s Human Rights Code.
This document explains the legal backdrop for the Commission’s Policy Framework. It is divided into two main sections. The first provides an overview and summary of key legal principles from some significant legal decisions. This section aims to help readers understand the relevant legal background when seeking to conciliate or otherwise reconcile competing rights claims. The second part of the document surveys the leading cases that deal with competing rights. It also provides examples of situations where the leading cases, and the key principles from them, have been applied by courts and tribunals. It is divided by the types of rights conflicts that most commonly arise. The cases are discussed in some detail as the specific factual context of each case is so important to the rights reconciliation process.
Working, buying a home
Ontario’s pioneering Fair Employment Practices Act of 1951 prohibited discriminatory employment practices, and a year earlier the Conveyancing and Law of Property Act was amended to end real estate provisions that required someone buying a house to agree that their property “shall never be sold, assigned, transferred, leased to, and shall never been occupied by any person of Jewish, Hebrew, Semitic, Negro or coloured race or blood.”
Celebrating International Human Rights Day, circa 1962
While we deplore and condemn violations of human rights elsewhere in the world and stand aghast before such ugly manifestations as the Berlin Wall, we must never cease to concern ourselves with those walls of prejudice which still exist in our own community – and sometimes in our own minds – and which deny our fellow citizens that justice and equality of opportunity which is their inalienable right. Justice, like charity, should begin at home.