When child welfare authorities remove children from their caregivers because of concerns about abuse or neglect, it can be traumatic and tragic for everyone involved – children, their families and even their communities. Being admitted into care comes with far-reaching consequences that can have a negative impact on children’s future ability to thrive. It is an unfortunate reality that some children need to be placed in care to keep them safe. But too often, for First Nations, Métis, Inuit, Black and other racialized families, being involved with the child welfare system and having a child removed is fraught with concerns that the system is not meeting their or their children’s needs, is harmful, and may be discriminatory.
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:
In 2016, the Ontario Human Rights Commission (OHRC) wrote to public colleges and universities in Ontario asking them to implement six specific measures to reduce systemic barriers to post-secondary education for students with mental health disabilities. This report describes the systemic barriers identified by the OHRC, the modifications to post-secondary institutions’ policies and procedures requested by the OHRC, and the institutions’ self-reported progress in implementing the requested changes.
Racial profiling is an insidious and particularly damaging type of racial discrimination that relates to notions of safety and security. Racial profiling violates people’s rights under the Ontario Human Rights Code (Code). People from many different communities experience racial profiling. It is often directed at First Nations, Métis, Inuit and other Indigenous peoples, as well as people in racialized communities. It is often influenced by the distinctly negative stereotypes that people in these communities face.
The applicant, Ian Cole, is a middle-aged man with a severe intellectual disability who lives in the community. To live in the community, Mr. Cole depends on the receipt of nursing services. The primary source of funding for the nursing services is his local Community Care Access Centre (CCAC). The maximum funding for nursing services is set out in a regulation made under the Home Care and Community Services Act, 1994. At the time the application was filed, funding was available for nursing services to a maximum of four visits per day.
People with disabilities have the right to be free from discrimination when they receive goods or services, or use facilities. “Services” is a broad category and can include privately or publicly owned or operated services.
In employment, people with disabilities are entitled to the same opportunities and benefits as everyone else. “Employment” includes employees, independent contractors and volunteers. The Code prohibits discrimination based on someone’s disability in all aspects of the employment relationship.
Mr. Tang alleged that the respondents, McMaster University, the Faculty of Health Sciences, the Centre for Student Development and the Medical Sciences Graduate Program, breached the Human Rights Code by failing to meet their substantive and procedural obligations to accommodate him.
February 25, 2015 - In the past, people who experienced discrimination or harassment by police had to decide whether to file an officer misconduct complaint under the Police Services Act (“PSA”) or an application with the Human Rights Tribunal of Ontario (“HRTO”). The PSA provides a public complaints process, revised through amendments in 2009 which also established the Office of the Independent Police Review Director (“OIPRD”). If they filed both, there was a real risk that their HRTO application would be dismissed.
June 2014 - Discrimination in services may happen when a person experiences negative treatment or impact because of their mental health or addiction disability. Discrimination does not have to be intentional. And, a person’s mental health or addiction disability needs to be only one factor in the treatment they received to be able to show that discrimination took place. People with a mental health or addiction disability who also identify with other Code grounds (such as sex, race or age) may be distinctly disadvantaged when they try to access a service. Stereotypes may exist that are based on combinations of these identities that place people at unique disadvantage.
February 2014 - People with mental health disabilities are often among the most vulnerable people in Ontario. Many face a unique set of challenges where they live, in workplaces, or in our communities. When people are in crisis they also present a unique set of challenges to police services when considering the use of force. This leads to many concerns from a human rights perspective. It is not the role of the Ontario Human Rights Commission (OHRC) to comment on individual cases – we leave it to other experts to resolve these. But it is our role to look at common themes and concerns, and offer ways to move forward.