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.
Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.English
Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.
From: Competing Human Rights
Temporary sukkah hut on condo balcony
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.
Q&A on the duty to accommodate
March 18, 2014 at 11:00 am
Accommodation rights and responsibilities under the Ontario Human Rights Code.English
Every person has the right to equal treatment in employment without discrimination based on Code grounds. In Ontario, about three-quarters of all human rights claims come from the workplace.
Employment is used in a very general way in the Code. Employees, independent contractors and volunteers are covered.
Christian Horizons and the Ontario Human Rights Commission are pleased to announce a partnership initiative to enhance diversity within the CH workforce, strengthening CH's mission to serve people living with developmental disabilities. As part of the initiative, CH will be welcoming applications for future vacancies in support worker and program manager positions from all persons regardless of creed.
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.
Discrimination or unequal treatment may be legally defensible in certain circumstances.
1. Participating in special interest organizations
First, s. 18 of the Code provides that religious, philanthropic, educational, fraternal or social institutions that are primarily engaged in serving the interests of persons who are identified by their creed, may give priority to persons of the same creed with regard to participation or membership.
The Ontario Human Rights Commission (OHRC) is releasing a public statement (attached) clarifying the legitimate status of preferential employment and contracting provisions within Impact and Benefit Agreements (IBAs) under Ontario’s Human Rights Code (the Code). Our position is that the preferential employment and contracting provisions in IBAs are consistent with “special programs” under section 14 of the Code.