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  1. Reconciling rights

    As people better understand their rights and wish to exercise them, some of those rights may come into conflict with the rights of others. Depending on the circumstances, for example, the right to be free from discrimination based on creed or sexual orientation or gender may be at odds with each other or with other rights, laws and practices. Can a religious employer require an employee to sign a “morality pledge” not to engage in certain sexual activity? Can an accuser testify at the criminal trial of her accused wearing a niqab?

  2. The shadow of the law: Surveying the case law dealing with competing rights claims

    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.

  3. Section III: The balancing tools

    From: Balancing conflicting rights: Towards an analytical framework

    This section of the paper surveys the balancing tools found in the Code and relevant case law. Documents such as Commission briefing notes and Policy Papers provide invaluable commentary on these tools and their insights are woven into the following discussion. The goal of this section is to identify the resources for balancing conflicting rights that will be utilized in the scenarios discussed in Section IV.

  4. Putting competing rights in perspective

    From: Annual Report 2010-2011: Looking back, moving forward

    In our society we have different levels of rights – Charter rights, under the Canadian Charter of Rights and Freedoms, Code rights, from Ontario’s Human Rights Code, statutory rights created by laws and other “perceived rights.” As people better understand their rights and wish to exercise them, some of those rights can come into conflict. For example, the right to be free from discrimination on the ground of religious creed, or sexual orientation or gender can sometimes appear to be at odds with other rights.

  5. Taking conflicting rights to the next step – the Christian Horizons decision

    From: Annual Report 2010-2011: Looking back, moving forward

    Tribunals and courts face a growing need to balance competing rights, in areas such as religion and sexual orientation. One example of this balancing act is Ontario Human Rights Commission v. Christian Horizons, a lengthy and complex case which was appealed to the Ontario Divisional Court.

  6. Balancing creed and safety – Loomba v. Home Depot Canada

    From: Annual Report 2010-2011: Looking back, moving forward

    A good example of rights and responsibilities colliding is the case of Deepinder Loomba, a Sikh man who wears a turban. In his job as a security guard, he was assigned to monitor security at a Home Depot store that was still under construction. Although there were signs stating hardhats were required on the site, Mr. Loomba did not wear one because it interfered with the turban he wore as an element of his faith.

  7. Ontario Human Rights Commission v. Christian Horizons

    On May 14, 2010, Ontario’s Divisional Court issued a decision on a case called Ontario Human Rights Commission v. Christian Horizons. The Divisional Court’s ruling was on the appeal of a 2008 decision made by the Human Rights Tribunal of Ontario. In that decision, the Tribunal found that Christian Horizons infringed the rights of an employee who was in a same sex relationship.
  8. 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.

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