From: Competing Human Rights
Introduction to human rights and responsibilities under the Ontario Human Rights Code (revised 2014).
2012 - Racial harassment may be based on a combination of any of the above characteristics. It may also be because of things related to them, such as if you wear clothing related to your background, speak with an accent or practice a certain religion. It is against the law for anyone to harass you, insult you, or treat you unfairly for any of these reasons.
Editor, The Toronto Star
This week Mark Saunders was sworn in as Chief of the Toronto Police Service. He arrived amid a controversy that marred his predecessor’s final days and one that refuses to go away – the police procedure commonly known as “carding.” As Chief Saunders starts down this new road he has a choice – to hear the voices of the community and work to end racial profiling or to allow a deeply troubling practice to continue.
2005 - All Ontarians have the right to be free from harassment in the workplace or in housing accommodation because of, among other things, race, colour, ancestry, place of origin, ethnic origin, citizenship and creed. While the Ontario Human Rights Code (the “Code”) doesn’t explicitly prohibit harassment in the areas of services, goods and facilities, contracts or membership in trade and vocational associations, the Commission will treat racial harassment in such situations as a form of discrimination and therefore a breach of the Code.
A. Description and rationale
Under the Code, organizations are required to prevent and remove barriers and provide accommodation to the point of undue hardship. The principle of accommodation arises most frequently in the context of creed, family status, sex (pregnancy) and disability, as well as age, gender identity and gender expression.
On this 45th anniversary of the Ontario Human Rights Code, I am pleased to present the fourth edition of Human Rights Policy in Ontario, a publication first introduced in 1998. I am also pleased that Carswell, a respected publisher of employment and human rights related material, is our partner in putting together this latest compendium of the Ontario Human Rights Commission’s policies and guidelines.
A. Description and Rationale
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.
Scenario 1: The Prom
1. What are the claims about?
Matt is a gay 17-year-old student attending a publicly funded Catholic high school. He wishes to go to the prom with a same-sex date. The prom is being held at a rental hall off school property. He is considering seeking a court injunction because the prom is only weeks away.