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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. Re: Draft regulation on Quality Assurance Measures for services and supports to adults with a developmental disability

   April 20, 2010 - The Ontario Human Rights Commission recently had an opportunity to review your Ministry’s draft regulation for application entities and service agencies that is being considered for enactment under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.

4. Re: Ratification of UN Convention on the Rights of Persons with Disabilities

   July 28, 2009 - Unequal enjoyment of economic, social, cultural, civil and political rights is an affront to dignity and ultimately restricts the ability of persons with disabilities to contribute fully to the development and well-being of the community, the Province and the country. For this reason, the Ontario Human Rights Commission is encouraging the Government of Canada to ratify and implement without delay and give effect to the United Nations Convention on the Rights of Persons with Disabilities that it signed more than two years ago.

5. Commission asks to intervene in court case involving a Muslim woman's right to testify wearing her niqab (face covering)

   Factum of the proposed intervenor Ontario Human Rights Commission

6. Opinion editorial "Class of rights"

   October 26, 2007 - The values embodied in human rights laws hold a special place in the minds of Canadians. Canadians believe that tolerance, mutual respect, and diversity are fundamental to the nature and success of this country. Looking at some of the recent debate in Ontario around religious school funding, and the ongoing consultation in Quebec on reasonable accommodation, I believe that this is a time to remember and promote those values. It is certainly not time to turn away from them.

7. 2. What is female genital mutilation (FGM)?

   From: Policy on female genital mutilation (FGM)

   2.1 The practice of FGM

8. 3. FGM: an internationally recognized human rights issue

   From: Policy on female genital mutilation (FGM)

   3.1 International policy and law

   FGM has been condemned by numerous international and regional bodies, including the United Nations Commission on Human Rights, the United Nations International Children Emergency Fund (UNICEF), the Organization of African Unity and the World Medical Association. In addition to the broader issues of health and human rights of the child, FGM is gender-specific discrimination related to the historical suppression and subjugation of women that is unique to women and female children.

9. 4. FGM in Canada

   From: Policy on female genital mutilation (FGM)

   For some time now, Canada has experienced immigrant and refugee movements from countries in which FGM is commonly practised. In Toronto, community groups have estimated that there are 70,000 immigrants and refugees from Somalia and 10,000 from Nigeria, countries in which FGM is commonly practised.^[22] As already noted, because of the nature of FGM, reliable statistics on the incidence of its practice are not available.

10. 5. The Ontario Human Rights Code

    From: Policy on female genital mutilation (FGM)

    The Ontario Human Rights Code recognizes the inherent worth and dignity of every person in Ontario. The Preamble makes particular reference to the Universal Declaration of Human Rights and the inherent principles of dignity and equal and inalienable rights of the person. The creation of a society in which all persons can live and work in an environment that is free from discrimination is central to the policy objectives of the OHRC by virtue of the Code.

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