From: Competing Human Rights
Read the following news clipping about a recent competing rights case. This is an example of Charter rights (creed and sex) versus another Charter right (right to a fair trial).
You can also watch a short CTV News video about the case.
Published Thursday, Dec. 20, 2012
On this 45th anniversary of the Ontario Human Rights Code, I am pleased to present the fourth edition of Human Rights Policy in Ontario, a publication first introduced in 1998. I am also pleased that Carswell, a respected publisher of employment and human rights related material, is our partner in putting together this latest compendium of the Ontario Human Rights Commission’s policies and guidelines.
2011 - International law says that people in Canada should be able to get good housing that they can afford. To help achieve this in Ontario, tenants and landlords (or housing providers) have rights and responsibilities under the Human Rights Code. Under the Code, everyone has the right to equal treatment in housing without discrimination and harassment. As a landlord, you are responsible for making sure the housing you operate is free from discrimination and harassment.
The following are suggested contents for an anti-harassment policy that is broad enough to cover all forms of harassment in the educational setting.
6. Collection and analysis of numerical data
It is a common misperception that the Code prohibits the collection and analysis of data identifying people based on race and other Code grounds. Many individuals, organizations and institutions mistakenly believe that collecting this data is automatically antithetical to human rights.
Look at successful efforts by other municipalities as a starting point for anti-racism and anti-discrimination activities for your municipality. This section covers five key areas:
Over the last few years, new strategies to support human rights organizational change in policing organizations have been developed. This section describes some of the key actions that were taken during the Toronto Police Service Human Rights Project, but many have also been used in various shapes and forms by other police organizations.
The right to “equal treatment with respect to employment” protects persons in all aspects of employment, including applying for a job, recruitment, training, transfers, promotions, terms of apprenticeship, dismissals, layoffs and terminations. It also covers rate of pay, codes of conduct, overtime, hours of work, holidays, benefits, shift work, performance evaluations and discipline. A fundamental starting point for complying with the Code in relation to all of these is to have a workplace setting where human rights are respected and applied.
April 2012 - The main goal of this policy is to provide clear, user-friendly guidance to organizations, policy makers, litigants, adjudicators and others on how to assess, handle and resolve competing rights claims. The policy will help various sectors, organizations and individuals deal with everyday situations of competing rights, and avoid the time and expense of bringing a legal challenge before a court or human rights decision-maker. It sets out a process, based in existing case law, to analyze and reconcile competing rights. This process is flexible and can apply to any competing rights claim under the Canadian Charter of Rights and Freedoms, provincial or federal human rights legislation or another legislative scheme.
Finding the right consultant to help you develop human rights policies, get training or investigate or resolve disputes is a good investment. A good consultant can help you build a diverse and inclusive workplace, avoid legal expenses and reach diverse markets with your products or services. This fact sheet can help you use search tools on the Internet to find and choose the right consultant for your immediate need. There is no one “best” way to conduct on-line searching. The points offered here are just suggestions.