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.
The mandate of the Ontario Human Rights Commission flows from Ontario’s Human Rights Code. The Code calls upon all Ontarians to work toward “the creation of 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 able to contribute fully to the development and well-being of the community and the Province” (Preamble to the Code).
Introduction to human rights and responsibilities under the Ontario Human Rights Code (revised 2014).
Under the Ontario’s Human Rights Code, trans people and other gender non-conforming individuals are protected from discrimination and harassment because of gender identity and gender expression in five social areas:
December 2013 - Under the Code, all organizations are prohibited from treating people unfairly because of Code grounds, must remove barriers that cause discrimination, and must stop it when it occurs. Organizations can also choose to develop “special programs” to help disadvantaged groups improve their situation. The Code and the Canadian Charter of Rights and Freedoms both recognize the importance of addressing historical disadvantage by protecting special programs to help marginalized groups. The Supreme Court of Canada has also recognized the need to protect “programs” established by legislation that are designed to address the conditions of a disadvantaged group.
You have the right to be free from discrimination based on age if you are at least 18 years old.
In services, goods, facilities, contracts and membership in unions, you can file a claim as long as you are at least 18, except for services related to liquor and tobacco for which the minimum age is 19.
The Code protects people from discrimination in specific situations. Under the Code, you have the right to be free from discrimination in five parts of society – called social areas – based on one or more grounds.
The five social areas are: employment, housing, services, unions and vocational associations and contracts.
December 2013 - Teaching human rights in Ontario can be used by secondary school teachers for law, history and civics courses and cooperative education programs. It can also be used in other high school courses, such as media studies, with few or no changes needed.
May 2013 - If you want to tell your employees, clients and community that your organization respects human rights, there’s an easy way to get started. Just print out and display a Code card.
The Code is divided into an introductory section followed by five parts. Part I sets out basic rights. Part II explains how to interpret and apply the Code. Part III explains the role and structure of the Commission, and Part IV explains how the Code is enforced, including remedies. Finally, Part V deals with general matters including the supremacy of the Code.