Removing the "Canadian experience" barrier in employment and rights and responsibilities under the Ontario Human Rights Code.
Chief Administrative Officer, City of Thorold
Dear Mr. Fabiano,
I am writing in response to your request for advice regarding the issue raised by people of Aboriginal heritage in your community who find objectionable the current Black Hawk warrior image used by local hockey teams and their associations in Thorold, Ontario.
The Code states that it is public policy in Ontario to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination. The provisions of the Code are aimed at creating a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and feels able to contribute to the community.
1. Discrimination and harassment
In Dufour v. J. Roger Deschamps Comptable Agréé, a human rights tribunal stated that:
[H]arassment or discrimination against someone because of religion is a severe affront to that person's dignity, and a denial of the equal respect that is essential to a liberal democratic society.
Once a disability within the meaning of section 10 of the Code is established, the individual has the burden of showing a prima facie case of discrimination.
Discrimination under the Code can be direct (refusal to grant a job or provide access to services or housing, for example, because of a disability), indirect, constructive (adverse effect) or based on society’s failure to accommodate actual differences.
March 2012 - A story this week in the Toronto Star told of a candidate for a job with a police service who was asked, at an interview, to provide the password for his Facebook page. The story provoked a discussion on the blog of law professor David Doorey; is asking for such information contrary to Ontario’s Human Rights Code?
a) Defining discrimination
Discrimination is not defined in the Code but usually includes the following elements: