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  1. 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.

  2. Sexual harassment in housing (fact sheet)

    The Ontario Human Rights Code says everyone has the right to be free from sexual harassment by their landlord, someone working for their landlord, or someone who lives in the same building. Because landlords are in a position of authority, and have access to apartments and often hold personal information, tenants can feel very threatened when they are sexually harassed. This may be especially true for low-income, racialized, gay and lesbian people, people with disabilities and other people identified by the Code who are sometimes targeted for sexual harassment.

  3. Example 3 - Code right v. Code right: Muslim barber and woman denied service

    From: Competing Human Rights

    Muslim barber and woman denied service

    Read the following excerpt from a news clipping about a competing rights case. This is an example involving two Code grounds – creed versus sex. When you’re finished reading, answer the questions at the bottom of the page.

    You can also watch this CTV news video about the case.

  4. 4. What are competing rights?

    From: Policy on competing human rights

    In general, competing human rights involve situations where parties to a dispute claim that the enjoyment of an individual or group’s human rights and freedoms, as protected by law, would interfere with another’s rights and freedoms. This complicates the normal approach to resolving a human rights dispute where only one side claims a human rights violation. In some cases, only one party is making a human rights claim, but the claim conflicts with the legal entitlements of another party or parties.

  5. V. Identifying discrimination in rental housing

    From: Policy on human rights and rental housing

    1. Defining discrimination

    The Code provides that every person has the right to be treated equally in the area of housing without discrimination because of any of the grounds set out in the Code. The purpose of anti-discrimination laws is to prevent the violation of human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice.

  6. 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.

  7. Part 2 - The policy framework

    From: Policy and guidelines on racism and racial discrimination

    3. Types of racial discrimination

    It is not possible to slot people’s experiences of racial discrimination into clear categories. Manifestations of discrimination blur together and overlap to a large degree. However, for the purposes of this policy, it is necessary to describe the different ways in which racial discrimination can take place. Therefore, what follows is a discussion of the main ways in which racial discrimination can occur that are helpful in understanding and addressing the experience of racial discrimination.

  8. 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?

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