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  1. 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.

  2. 4. The OHRC’s 2008-2012 priorities, initiatives and impacts

    From: Ontario Human Rights Commission Submission regarding Section 57 three-year statutory review of the Ontario Human Rights System

    In November 2008, following public town hall meetings with individuals and groups across the province, the OHRC finalized strategic and business plans to guide its work under its new mandate for the following three years. Our aim is to educate, empower and mobilize partners in communities across the province to raise awareness, help identify concerns and implement solutions.

  3. 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.

  4. 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.

  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. 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.

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