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case law

Human rights obligations related to pregnancy and breastfeeding: Case law review

October 2014 - This case law review looks at important developments in the law dealing with discrimination based on pregnancy and breastfeeding between 2008 and January 2014.[1] The discussion of the law in Ontario is intended as a resource, to be read along with the Ontario Human Rights Commission’s Policy on Preventing Discrimination because of Pregnancy and Breastfeeding (the Policy)[2], about the rights of women[3] who are pregnant, planning to become pregnant, who have had a baby or who are breastfeeding. However, it is not legal advice.

Creed case law review

May 2012 - What follows is a discussion of significant legal decisions dealing with religious and creed rights in Canada. The focus is on decisions made since the Commission issued its 1996 Policy on Creed and the Accommodation of religious observances. It does not review every decision, but those that may be important from a human rights perspective. In addition to a description of the case law, trends and areas where it is anticipated the case law will continue to evolve or be clarified are identified. The review will form the basis for further research and dialogue concerning the law in Canada as it relates to this significant area of human rights.

Appendix F: Table of cases

From: Policy on competing human rights

Adler v. Ontario, [1996] 3 S.C.R. 609

Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37

Assn. of Justices of the Peace of Ontario v. Ontario (Attorney General) (2008), 92 O.R. (3d) 16

B. (R.) v. Children’s Aid Society of Metropolitan Toronto, [1995] 1 S.C.R. 315

Bothwell v. Ontario (Minister of Transportation), 2005 CanLII 1066 (ON S.C.D.C.)

Bou Malhab v. Diffusion Métromédia CMR Inc., [2011] 1 S.C.R. 214

Ontario Human Rights Commission Submission regarding Interim Reports of the Commission for the Review of Social Assistance in Ontario

March 2012 - The OHRC will focus its comments on the issues and barriers identified in the CRSAO’s reports that connect to the OHRC’s current priority initiatives dealing with racism experienced by Aboriginal people and other groups as well as disability, especially mental health discrimination.

Setting new standards for defining discrimination

From: Annual Report 2010-2011: Looking back, moving forward

Preventing discrimination is at the heart of the Ontario Human Rights Code. The courts and tribunals continue to clarify what this means. One example is a landmark ruling in September 2010.

In Tranchemontagne v. the Ministry of Community and Social Services, the Ontario Court of Appeal upheld a lower court ruling that two alcoholics were entitled to disability benefits. This case looked at what constituted discrimination in human rights law.

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