From: Competing Human Rights
Temporary sukkah hut on condo balcony
Here is an example of a Code right (creed) versus a common law right (right to peaceful enjoyment of property).
In this example, a Jewish family is asked to remove a sukkah hut that they placed on their condominium balcony for religious celebration. The sukkah hut would normally stay up for nine days.
Recent media articles have looked at the issue of housing that is limited to people belonging to a certain community group.
Section 18 of Ontario’s Human Rights Code says:
The Commission intervened in Sarnia (City) v. River City Vineyard, an appeal heard by the Court of Appeal for Ontario in October 2014.
July 3, 2015 - Housing is a human right. Accordingly, the Ontario Human Rights Commission (OHRC) is making this submission to the government’s consultation on updating Ontario’s Long-Term Affordable Housing Strategy.
Under Canada’s federal system of government, legal jurisdiction over human rights, including housing, divides between different levels of government – federal, ten provincial and three territorial governments. Municipal governments are a creation of provincial/territorial legislation. All three levels of government have responsibility to implement human rights norms and standards, including the right to housing.
Q&A on the duty to accommodate
March 18, 2014 at 11:00 am
Accommodation rights and responsibilities under the Ontario Human Rights Code.
January 2014 - The Ontario Human Rights Commission (OHRC) has used a range of its functions to reduce and eliminate discrimination relating to land use planning. However, to meet Ministry goals and be consistent with Ontario’s Human Rights Code, the land use planning and appeal system needs to incorporate a human rights lens and provide human rights-related information, education and resources to those who implement and use the system. Planners and decision-makers throughout the system and in municipalities will benefit from clear guidance from the Province.
Zoning in on zoning
Every day, people across Ontario face barriers to finding or keeping rental housing because of disability, age, race, creed, sexual orientation, disability, receipt of social assistance, family status, and other grounds of the Human Rights Code. These barriers often arise because landlords make assumptions about people based on characteristics that usually have nothing to do with their ability to be good tenants.
2012 - This guide offers an overview of the human rights responsibilities of municipalities in housing. It offers information about the various legislated tools municipalities have, and shows some examples of how municipal planners, councillors, Housing Service Managers, District Social Service Boards and others can use “best practices” to overcome discriminatory neighbourhood opposition and promote housing that is free from discrimination. The guide can also be a resource for organizations and advocates who are working with municipalities to advance human rights in housing.
This document explains the legal backdrop for the Commission’s Policy Framework. It is divided into two main sections. The first provides an overview and summary of key legal principles from some significant legal decisions. This section aims to help readers understand the relevant legal background when seeking to conciliate or otherwise reconcile competing rights claims. The second part of the document surveys the leading cases that deal with competing rights. It also provides examples of situations where the leading cases, and the key principles from them, have been applied by courts and tribunals. It is divided by the types of rights conflicts that most commonly arise. The cases are discussed in some detail as the specific factual context of each case is so important to the rights reconciliation process.