Toronto – A significant decision from the Human Rights Tribunal of Ontario (HRTO) in XY v. Ministry of Government and Consumer Services reinforces the human rights of trans people. The decision found that legislation requiring a person to have “transsexual surgery” before they can change the sex designation on their birth registration is discriminatory.
Multiple grounds in equality and human rights jurisprudence
Some courts and tribunals have started to acknowledge the need to make special provision for discrimination based on multiple grounds and to recognize the social, economic and historical context in which it takes place. However, despite these advancements, the courts’ understanding of a proper intersectional approach is still in its infancy. What follows is a discussion of recent cases in which a move towards a multiple grounds or intersectional analysis is evidenced in either a majority or dissenting opinion.
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.
October 2014 - This case law review looks at important developments in the law dealing with discrimination based on pregnancy and breastfeeding between 2008 and January 2014. The discussion of the law in Ontario is intended as a resource, to be read along with the Ontario Human Rights Commission’s Policy on Preventing Discrimination because of Pregnancy and Breastfeeding (the Policy), about the rights of women who are pregnant, planning to become pregnant, who have had a baby or who are breastfeeding. However, it is not legal advice.
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.
While the courts have not set a clear formula or analytical approach for dealing with competing rights, they have provided some guidance. Where rights appear to be in conflict, Charter principles require decision-makers to try to “reconcile” both sets of rights.
May 2012 - What follows is a discussion of significant legal decisions dealing with religious and creed rights in Canada. The focus is on decisions made since the Commission issued its 1996 Policy on Creed and the Accommodation of religious observances. It does not review every decision, but those that may be important from a human rights perspective. In addition to a description of the case law, trends and areas where it is anticipated the case law will continue to evolve or be clarified are identified. The review will form the basis for further research and dialogue concerning the law in Canada as it relates to this significant area of human rights.
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.
March 2012 - The OHRC will focus its comments on the issues and barriers identified in the CRSAO’s reports that connect to the OHRC’s current priority initiatives dealing with racism experienced by Aboriginal people and other groups as well as disability, especially mental health discrimination.The ground of family status was added to the Code in 1982. Until 1986, the Code contained an exception permitting residential buildings or parts of residential buildings to be designated as adult only. Unlike in the areas of employment and services, there has been significant litigation regarding family status issues in the area of housing, particularly in the Ontario context.