From: Competing Human Rights
Employer distributing Bibles and religious advice
Here is an example of a Code right (creed) versus a Charter right (freedom of religion and expression).
encourages them to attend church meetings, gives each a Bible as a gift for Christmas and asks them if they share his opinions on a variety of matters. Employees have made it clear that they do not welcome or appreciate his comments and conduct in their workplace and that they plan to file a claim under the Ontario Human Rights Code. This could be argued as a competing rights situation because:
Separate schools in Ontario have special rights guaranteed by the Constitution and by the Education Act. Section 19 means that the Code cannot affect those rights, which are mainly related to the existence and funding of Roman Catholic schools. Otherwise, the right to be free from discrimination under the Code applies to Catholic schools. All schools have a legal duty to provide students with an education environment free from harassment and other forms of discrimination because of Code grounds.
The OHRC sought leave to intervene in an appeal of the Federal Court’s decision to strike down a policy banning citizenship candidates from wearing face coverings during the citizenship oath.
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.
Employers, service providers and landlords all have a duty to accommodate the needs of people because of disability, creed, family status and other grounds, to the point of “undue hardship.”
In some cases, what may appear to be a special program is in fact part of the duty to accommodate under the Code. These types of initiatives should not be considered special programs.
These videos were created in response to the Syrian refugee crisis. They can help all newcomers, support agencies and the public. The videos are also available with Arabic subtitles.
The OHRC intervened at the Federal Court in Seeley v. CN, a judicial review of a decision of the Canadian Human Rights Tribunal. The Tribunal had found that CN discriminated against Ms. Seeley by requiring her to relocate without considering her obligations as a parent. The Court has not yet released its decision.
You have the right to be free from discrimination when you receive goods or services, or use facilities. For example, this right applies to:
Under the Ontario Human Rights Code, discrimination because of religion (creed) is against the law. Everyone should have access to the same opportunities and benefits, and be treated with equal dignity and respect, regardless of their religion. Religion includes the practices, beliefs and observances that are part of a faith or religion. It does not include personal moral, ethical or political views. Nor does it include religions that promote violence or hate towards others, or that violate criminal law.
August 2014 - The Ontario Human Rights Commission (OHRC) is making this submission in response to the College of Physicians and Surgeons of Ontario’s (CPSO) review of its policy on Physicians and the Ontario Human Rights Code (Code).