Rental housing bylaws discriminate if they cause someone to be disadvantaged in a protected social area – like housing – because of the person’s association with a protected ground. If a bylaw is found to be discriminatory, a municipality would have to show that the absence or variation of the bylaw would cause them “undue hardship” in terms of health and safety or cost ramifications.
ISSUE: Input on the International Labour Organization (ILO) Discrimination (Employment and Occupation) Convention 111for Canada’s 2011 Article 22 Report as it pertains to the mandate of the Ontario Human Rights Commission (OHRC).
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.
The paper explores new stresses on accommodation as traditionally sought by the Jewish community in light of growing religious diversity and competing rights. Hard earned accommodations have become a focus of debate as demands of multiculturalism are broadened and challenged.
From: Duty to AccommodateMarch 2007 - This Policy sets out the Commission’s position on discrimination on the basis of family status as it relates to the provisions of the Code. It deals only with issues that fall within the Code and that could be the subject of a human rights complaint. At the same time, the Policy interprets the protections of the Code in a broad and purposive manner, consistent with the principle that the quasi-constitutional status of the Code requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are attained. The Commission’s Consultation Report contains a broader examination of social policy issues affecting persons disadvantaged by family status.June 1, 2011 - Discrimination in housing is a very real problem for many people. In Ontario, landlord, tenant and human rights organizations are working to raise awareness about discrimination in all aspects of housing. One such area is advertising for rental accommodation, where we commonly see discriminatory statements. This is an area where you can help.
The Ontario Human Rights Code recognizes the inherent worth and dignity of every person in Ontario. The Preamble makes particular reference to the Universal Declaration of Human Rights and the inherent principles of dignity and equal and inalienable rights of the person. The creation of a society in which all persons can live and work in an environment that is free from discrimination is central to the policy objectives of the OHRC by virtue of the Code.
”Discrimination“ in human rights law does not simply mean treating someone differently. In human rights law, it means treating someone differently because of personal characteristics that are based on the grounds set out in the Code.
The following information provides a limited sampling of how ‘gender identity’ (and related terms) is viewed in various jurisdictions.