Goods, services and facilities
You have the right to be free from discrimination when you receive goods or services, or use facilities. For example, this right applies to:
- stores, restaurants and bars
- hospitals and health services
- schools, universities and colleges
- public places, amenities and utilities such as recreation centres, public washrooms, malls and parks
- services and programs provided by municipal and provincial governments, including social assistance and benefits, and public transit
- services provided by insurance companies
- classified advertisement space in a newspaper.
Relevant policies and guides:
April 2004 - The Commission is pleased to have the opportunity to make this public submission to the Toronto District School Board’s Safe and Compassionate Schools Task Force. The Commission makes this submission in accordance with its previously stated intent to examine the concern that the Safe Schools Act and related school board policies are having a discriminatory effect on racialized students and students with disabilities.
“Basic health care is a foundation in our society and differences are never justifiable. Seniors’ needs are real and they surely deserve easy access to basic health care in the same manner afforded to other groups in Ontario.”
The Commission heard that elder care is a growing need, and largely provided in the community by family members. As well, the gendered nature of elder care and the disproportionate burden that women face in caring for aging relatives was noted. Consultees described the stress caused by caring for older persons and the need for efforts to address caregiver stress.
Section 1 of the Code prohibits age discrimination in "services, goods and facilities". This includes but is not limited to educational institutions, hospitals and other health services, community care access centres, long-term care facilities, insurance providers, public places like malls and parks, public transit services, stores and restaurants.
Older persons have a right to the same level and quality of services as everyone else and service providers have a legal responsibility to ensure accessibility, subject to the undue hardship standard.
Section 1 of the Code prohibits discrimination on the basis of family status in services, goods and facilities. This includes, but is not limited to, educational institutions, hospitals, public transit services, social services, public places like malls and parks, and stores and restaurants.
Every student in Ontario needs to have opportunities to learn and succeed. This does not happen when students are suspended because of mental illness beyond their control, or can’t take the courses they need because they use a wheelchair and the school does not have an elevator, or they are disciplined for not following the dress code because they wear a hijab in accordance with their creed, or they are bullied for being lesbian, gay or transgendered.
Mount Sinai Hospital (MSH) is a large patient care, teaching and research hospital affiliated with the University of Toronto. Since 2007, Media Corp Inc. has named MSH one of Greater Toronto’s Top Employers. MSH seeks to be a national leader in all of its diversity and human rights programs, and to have a staff team that reflects the diverse patients they serve.
The Code protects people in the social area of goods, services and facilities. Services are broadly defined, but include health care (including mental health care), the criminal justice and the court system (for example police), government services (including social assistance), education, child welfare, insurance, shops and restaurants. Many issues may exist for people with mental health disabilities and addictions when they seek services.
New guide shares our experience
As part of our ongoing work with police across the province, we released a new guide. Human rights and policing: creating and sustaining organizational change aims to encourage and support police services across Ontario in building human rights into all their work.
Since 2005, the OHRC has been working with the Ministry of Education to build on the positive structural and policy changes reached in the “safe schools” settlement, which changed the way Ontario schools managed discipline. This is reducing the disproportionate effect that certain policies and practices have on racialized students and students with disabilities, among others. We are very pleased to advise that all of the terms of the settlement have now been implemented.