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competing rights

General (Retired) Rick Hillier’s response to OHRC’s call for human rights considerations in COVID-19 vaccine distribution planning

February 8, 2021

On December 10, 2020, Chief Commissioner Ena Chadha wrote to General (Retired) Rick Hillier and the Vaccine Distribution Task Force to stress the important role that human rights principles, considerations and obligations should play in vaccine distribution planning.

Letter to the Minister of Municipal Affairs and Housing on the importance of accessible housing

December 14, 2020

I hope this correspondence finds you well in these challenging times. I am writing on behalf the Ontario Human Rights Commission (OHRC), to engage you on important human rights matters and our mutual interests related to your portfolio as Minister of Municipal Affairs and Housing.

Letter to General (Retired) Rick Hillier on human rights principles and considerations for coronavirus vaccine distribution

December 10, 2020

While the coronavirus does not discriminate, data tells us that the COVID-19 pandemic has brought to the fore profound systemic inequalities, and has exacted a devastating social, economic and health toll on Ontario’s most vulnerable people and communities. I am writing today to stress the important role that human rights principles, considerations and obligations should play in vaccine distribution planning.

OHRC and HRPA webinar on a human rights approach to COVID-19

September 9, 2020

The Ontario Human Rights Commission (OHRC) and the Human Resources Professionals Association recently held a webinar on a human rights approach to the COVID-19 pandemic.

In employment and in delivering services, discrimination (including harassment) against any persons or communities related to COVID-19 is prohibited when it involves a ground under the Ontario Human Rights Code, such as race, age, citizenship, sex, etc.

Letter to the Hon. Associate Chief Justice Frank N. Marrocco on taking a human rights approach at the Independent Long-Term Care COVID-19 Commission

August 20, 2020

I am writing today to stress the important role that human rights principles should play in any reviews of Ontario government and long-term care service provider responses to the COVID-19 pandemic.

OHRC submission to the Ministry of Health on the proposed amendments to Ontario Regulation 329/04 made under the Personal Health Information Protection Act

June 29, 2020

The Ontario Human Rights Commission (OHRC) is responding to the notice of proposed amendments to Ontario Regulation 329/04 made under the Personal Health Information Protection Act (PHIPA). Among other things, the proposed amendments prescribe elements for collecting, using and reporting personal health information collected through the electronic health record.

Example 5 - Code right v. common law right: Temporary sukkah hut on condo balcony

From: Competing Human Rights

Temporary sukkah hut on condo balcony

Photo of a balcony with a sukkah hut built on it.

Here is an example of a Code right (creed) versus a common law right (right to peaceful enjoyment of property).

In this example, a Jewish family is asked to remove a sukkah hut that they placed on their condominium balcony for religious celebration. The sukkah hut would normally stay up for nine days.

Example 4 - Code right v. Charter right: Employer distributing Bibles and religious advice

From: Competing Human Rights

Employer distributing Bibles and religious advice

Here is an example of a Code right (creed) versus a Charter right (freedom of religion and expression).

encourages them to attend church meetings, gives each a Bible as a gift for Christmas and asks them if they share his opinions on a variety of matters. Employees have made it clear that they do not welcome or appreciate his comments and conduct in their workplace and that they plan to file a claim under the Ontario Human Rights Code. This could be argued as a competing rights situation because:

Example 3 - Code right v. Code right: Muslim barber and woman denied service

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.

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