Removing the "Canadian experience" barrier in employment and rights and responsibilities under the Ontario Human Rights Code.
A. Description and rationale
a) Defining discrimination
Discrimination is not defined in the Code but usually includes the following elements:
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?
Effective human rights organizational change requires a solid understanding of the legal and ethical requirements of human rights in Ontario, and the elements of effective organizational change.
1.1. The Code context
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.
Protection against discrimination on the basis of family status is relatively new in Canada. Provisions prohibiting discrimination on the basis of family status were added to a number of human rights statutes in the late 1970s and early 1980s.
Nearly all the interviewees identified discrimination – direct and systemic – as the main reason why the application of discipline in schools has a disproportionate impact on racial minority students and students with disabilities. Some interviewees also pointed out that there are multiple and intersecting grounds of discrimination, including race, disability, poverty and immigrant/refugee status.
A. General Perceptions
1. Black Students
Many Black students who are suspended or expelled believe that it is because of discrimination:
Although the Code distinguishes between direct and constructive discrimination, the distinction is less important than it used to be, particularly in the area of disability. This is a result of the combined impact of two factors.
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.