From: Competing Human Rights
Read the following news clipping about a recent competing rights case. This is an example of Charter rights (creed and sex) versus another Charter right (right to a fair trial).
You can also watch a short CTV News video about the case.
Published Thursday, Dec. 20, 2012
Tarek Fatah is wrong to suggest I or anyone else “forced” Toronto Police to allow Khalsa Sikhs to wear kirpans in courtrooms. Acting Deputy Chief Jeff McGuire said the police were “pleased to have worked cooperatively to arrive at a procedure which recognizes the needs and rights of the Sikh community and the obligation to provide a safe, secure and accessible courthouse environment."
The Ontario Human Rights Commission has released a Policy statement on religious accommodation in schools.
Editor, The Toronto Star
This week Mark Saunders was sworn in as Chief of the Toronto Police Service. He arrived amid a controversy that marred his predecessor’s final days and one that refuses to go away – the police procedure commonly known as “carding.” As Chief Saunders starts down this new road he has a choice – to hear the voices of the community and work to end racial profiling or to allow a deeply troubling practice to continue.
The Code provides the right to be free from discrimination, and there is a general corresponding duty to protect the right: the ”duty to accommodate.” The duty arises when a person's religious beliefs conflict with a requirement, qualification or practice. The Code imposes a duty to accommodate based on the needs of the group of which the person making the request is a member. Accommodation may modify a rule or make an exception to all or part of it for the person requesting accommodation.
A number of conflicting rights scenarios and their potential resolutions have been presented throughout this paper in order to illustrate specific balancing tools. This section of the paper will utilize each of the tools noted above by working through one timely example of conflicting rights: same-sex marriage and civil marriage commissioners. This example has been chosen not only for its currency, but also because it encompasses both the service and employment contexts.
Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.
Advertisements for jobs should not refer, directly or indirectly, to prohibited grounds of discrimination. For example, an ad that says “We prefer hiring younger people” is not allowed.