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."
On this 45th anniversary of the Ontario Human Rights Code, I am pleased to present the fourth edition of Human Rights Policy in Ontario, a publication first introduced in 1998. I am also pleased that Carswell, a respected publisher of employment and human rights related material, is our partner in putting together this latest compendium of the Ontario Human Rights Commission’s policies and guidelines.
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 Windsor Police Service (Service) and the Windsor Police Services Board (Board) for many years have been open to the concerns brought forward by various ethno-racial, cultural and faith organizations and communities. The Board and Service responded with Service-wide change initiatives aimed at protecting and promoting human rights and equity, including the development of a Diversity Statement in August, 2004.
In view of these factors, the Board and Service approached the OHRC proposing a project charter modeled after the Toronto project charter.
Look at successful efforts by other municipalities as a starting point for anti-racism and anti-discrimination activities for your municipality. This section covers five key areas:
The right to “equal treatment with respect to employment” protects persons in all aspects of employment, including applying for a job, recruitment, training, transfers, promotions, terms of apprenticeship, dismissals, layoffs and terminations. It also covers rate of pay, codes of conduct, overtime, hours of work, holidays, benefits, shift work, performance evaluations and discipline. A fundamental starting point for complying with the Code in relation to all of these is to have a workplace setting where human rights are respected and applied.
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.
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.
Ontario’s Human Rights Code is Ontario’s highest law. All schools, including public, Catholic and private, have a legal duty to provide students with an educational environment free from harassment and other forms of discrimination because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability and sex including gender identity. Bullying is a form of harassment within the meaning of the Code.