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1. Appendix C – Glossary

   From: In the zone: Housing, human rights and municipal planning

    

   Affordable housing: Under the Investment in Affordable Housing program, the federal/provincial governments define affordable housing as new rental housing that is rented at no more than 80% of the local average market rent as determined by Canada Mortgage and Housing Corporation.

   Arterial road: Major traffic and transit route, intended to carry large volumes of traffic.

   As of right use: Land uses that are automatically allowed by laws such as a municipality’s zoning bylaw.

2. Human rights and creed

   September 2013 - The Ontario Human Rights Commission (OHRC) is updating its Policy on Creed and the Accommodation of Religious Observances. This page provides some general background information about the update, and what may be changing in the updated policy. It will be revised as the creed project evolves.

3. Policy on competing human rights

   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.

4. 1. Introduction

   From: Policy on competing human rights

   “All human beings are born free and equal in dignity and rights.”^[5]

5. 4. What are competing rights?

   From: Policy on competing human rights

   In general, competing human rights involve situations where parties to a dispute claim that the enjoyment of an individual or group’s human rights and freedoms, as protected by law, would interfere with another’s rights and freedoms. This complicates the normal approach to resolving a human rights dispute where only one side claims a human rights violation. In some cases, only one party is making a human rights claim, but the claim conflicts with the legal entitlements of another party or parties.

6. 5. Key legal principles [20]

   From: Policy on competing human rights

   While the courts have not set a clear formula or analytical approach for dealing with competing rights, they have provided some guidance. Where rights appear to be in conflict, Charter principles require decision-makers to try to “reconcile” both sets of rights.

7. Appendix B: Policy development process

   From: Policy on competing human rights

   Over the past several years, the OHRC has taken many steps to advance understanding of how best to address competing rights. In 2005, the OHRC began the dialogue by releasing a research paper entitled, Balancing Conflicting Rights: Towards an Analytical Framework.[97] The paper provided the public with preliminary information that would promote discussion and further research without taking any firm policy positions.

8. Appendix D: Case examples for resolving competing rights

   From: Policy on competing human rights

   Scenario 1: The Prom

   Recognizing rights

   1. What are the claims about?

   Matt’s Claim 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.

9. Appendix E: Suggested contents of an internal policy

   From: Policy on competing human rights

   1)  A vision statement setting out the organization’s commitment to maintaining a fair and equitable environment where everyone’s human rights are respected, and where discrimination, harassment, and competing rights situations are dealt with promptly and effectively.

10. Commission appeals advance human rights law (fact sheet)

    June 2006 - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.

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