Search
Search results
-
Factum of the interveners the Ontario Human Rights Commission, the Saskatchewan Human Rights Commission and the Alberta Human Rights Commission.
-
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. The OHRC’s 2008-2012 priorities, initiatives and impacts
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.
-
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.
-
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.
-
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. 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.
-
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.
-
1. Introduction
From: Policy on competing human rights
“All human beings are born free and equal in dignity and rights.”[5]
-
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.