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Section III: The balancing tools

From: Balancing conflicting rights: Towards an analytical framework

This section of the paper surveys the balancing tools found in the Code and relevant case law. Documents such as Commission briefing notes and Policy Papers provide invaluable commentary on these tools and their insights are woven into the following discussion. The goal of this section is to identify the resources for balancing conflicting rights that will be utilized in the scenarios discussed in Section IV.

Housing

From: Human rights and the family in Ontario

The ground of family status was added to the Code in 1982. Until 1986, the Code contained an exception permitting residential buildings or parts of residential buildings to be designated as adult only. Unlike in the areas of employment and services, there has been significant litigation regarding family status issues in the area of housing, particularly in the Ontario context.

The move towards an intersectional approach

From: An intersectional approach to discrimination: Addressing multiple grounds in human rights claims

Multiple grounds in equality and human rights jurisprudence

Some courts and tribunals have started to acknowledge the need to make special provision for discrimination based on multiple grounds and to recognize the social, economic and historical context in which it takes place. However, despite these advancements, the courts’ understanding of a proper intersectional approach is still in its infancy. What follows is a discussion of recent cases in which a move towards a multiple grounds or intersectional analysis is evidenced in either a majority or dissenting opinion.

Commission appeals advance human rights law

June 13, 2006

Toronto - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.

Appendices

From: Consultation report: Human rights issues in insurance

List of Acronyms

Canadian Life and Health Insurance Association (CLHIA)

Canadian Loss Experience Rating System (CLEAR)

Canadian Standards Association (CSA)

Coalition for Fair and Just Treatment of Ontarians (CFJTO)

Financial Services Commission of Ontario (FSCO)

HIV-AIDS Legal Clinic of Ontario (HALCO)

Independent Financial Brokers of Canada (IFBC)
(Formerly the Independent Life Insurance Brokers of Canada and the Independent Financial Services Brokers of Canada)

Insurance Bureau of Canada (IBC)

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