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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. Balancing creed and safety – Loomba v. Home Depot Canada

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

    A good example of rights and responsibilities colliding is the case of Deepinder Loomba, a Sikh man who wears a turban. In his job as a security guard, he was assigned to monitor security at a Home Depot store that was still under construction. Although there were signs stating hardhats were required on the site, Mr. Loomba did not wear one because it interfered with the turban he wore as an element of his faith.

  3. Example 4 - Code right v. Charter right: Employer distributing Bibles and religious advice

    From: Competing Human Rights

    Employer distributing Bibles and religious advice

    Here is an example of a Code right (creed) versus a Charter right (freedom of religion and expression).

    encourages them to attend church meetings, gives each a Bible as a gift for Christmas and asks them if they share his opinions on a variety of matters. Employees have made it clear that they do not welcome or appreciate his comments and conduct in their workplace and that they plan to file a claim under the Ontario Human Rights Code. This could be argued as a competing rights situation because:

  4. Opening statement: Standing Committee on Canadian Heritage Systemic Racism and Religious Discrimination M-103

    September 20, 2017

    The Government has the power to take action to protect people who are being harmed by racism and Islamophobia, and we call on it to boldly do so. There is considerable scope for the Government to develop positions, policies and programs that promote inclusion and respect, especially for racial and religious minorities. These types of actions are consistent with the values of Canadians and the Charter.

  5. Example 5 - Code right v. common law right: Temporary sukkah hut on condo balcony

    From: Competing Human Rights

    Temporary sukkah hut on condo balcony

    Photo of a balcony with a sukkah hut built on it.

    Here is an example of a Code right (creed) versus a common law right (right to peaceful enjoyment of property).

    In this example, a Jewish family is asked to remove a sukkah hut that they placed on their condominium balcony for religious celebration. The sukkah hut would normally stay up for nine days.

  6. OHRC comment to the Ontario Ministry of Labour regarding Canada’s 2012 ILO Article 22 Report on Discrimination Convention 111

    This submission outlines recent developments for the reporting period June 1, 2011 through May 31, 2012 related to discrimination in employment and the Ontario Human Rights Commission’s (the OHRC) mandate. It includes OHRC activities, recent case law and comment regarding relevant ILO Committee observations and direct requests.

  7. Re: MCSCS Corrections Reform - Findings from Tour of Kenora Jail

    February 28, 2017 - Dear Minister Lalonde, I am writing today to provide you with a summary of what we learned. There are some issues that appear unique to the Kenora Jail that raise human rights concerns and warrant further consideration and action on the part of the Ministry of Community Safety and Correctional Services (MCSCS).  I look forward to discussing these issues further at our upcoming meeting scheduled for early March.

  8. To Children’s Aid Societies in Ontario re: Request for disaggregated data regarding children and youth in Ontario’s child welfare system

    February 24, 2016

    By way of introduction, I am the Chief Commissioner of the Ontario Human Rights Commission (OHRC). On December 16, 2015, the OHRC announced that it will use its mandate under the Ontario Human Right Code (Code) to examine the overrepresentation of Indigenous and racialized children and youth in the child welfare system.

  9. Example 3 - Code right v. Code right: Muslim barber and woman denied service

    From: Competing Human Rights

    Muslim barber and woman denied service

    Read the following excerpt from a news clipping about a competing rights case. This is an example involving two Code grounds – creed versus sex. When you’re finished reading, answer the questions at the bottom of the page.

    You can also watch this CTV news video about the case.

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