Archive

Re: Report PG 33.2, “Amendments for all Zoning By-laws Group Home Separation and Occupant Numbers"

June 2014 - Mental health issues and addictions are “disabilities” that are protected under the Code. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder (PTSD), depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few.

June 2014 - Mental health issues and addictions are “disabilities” that are protected under the Code. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder (PTSD), depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few.

I am writing in support of the steps that are recommended in Report no. 14-29 – that instead of putting a licensing system in place for rental housing, the City of Guelph use existing bylaws to deal with property concerns. Licensing can be a good tool if its focus is on Building Code, Fire Code and health and safety standards, but it is not an appropriate option for dealing with the actions of the people who may live in the housing. This is why we concur with the report’s recommendation to expand existing programs to target the actual problem areas, without adding an extra cost to tenants across the City.

I was delighted to see the prompt response of Mayor Susan Fennell and other community leaders to the anti-immigration flyer. At the Ontario Human Rights Commission an important part of our work is helping communities deal with issues of tension and conflict. But we know that the most effective answer to people who would try to create division between us is to unite in opposing such efforts. Speaking out strongly in favour of respect and inclusion helps make us all stronger. Well done, Brampton!

April 2014 - The Ontario Human Rights Commission (OHRC) is troubled by allegations that the Ontario Provincial Police (OPP) engaged in racial profiling when requesting DNA samples from approximately 100 “Indo and Afro-Caribbean” male migrant workers near Vienna, Ontario as part of a sexual assault investigation in October and November 2013.

We thank the Toronto Police Services Board (TPSB) for listening to concerns raised by the Ontario Human Rights Commission (OHRC) and other advocacy and community groups in previous deputations. In particular, we acknowledge that the TPSB has set out a definition of public safety as well as disciplinary measures in the event that the policy is breached.   However, we have concerns about the policy as drafted, including those described below.    

Overview of the Policy and framework for addressing competing rights.

Accommodation rights and responsibilities under the Ontario Human Rights Code.

April 2014 - People who are transgender, or gender non-conforming, come from all walks of life. Yet they are one of the most disadvantaged groups in society. Trans people routinely experience discrimination, harassment and even violence because their gender identity or gender expression is different from their birth-assigned sex. Under the Ontario Human Rights Code (the Code) people are protected from discrimination and harassment because of gender identity and gender expression in employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations.

Privacy and confidentiality Maximize privacy and confidentiality of any information related to a trans person’s gender identity, or to the extent the trans persons wishes. This includes information that directly or indirectly identifies that a person’s sex is different from their gender identity.

The words people use to describe themselves and others are very important. The right terms can affirm identities and challenge discriminatory attitudes. The wrong ones can disempower, demean and reinforce exclusion. While these terms and explanations are considered current and appropriate at the publication of this policy, their meaning and use can evolve and change over time. Generally, when in doubt, asking a person how they self-identify is the most respectful approach.

Section 30 of the Code authorizes the OHRC to prepare, approve and publish human rights policies to provide guidance on interpreting provisions of the Code. The OHRC’s policies and guidelines set standards for how individuals, employers, service providers and policy-makers should act to comply with the Code.

13.1 Organizational reviews, policies and education Corporate liability involves more than individual instances of discrimination and harassment. Organizations also risk violating the Code if they do not address underlying problems such as systemic barriers, a poisoned environment or an organizational culture that condones discrimination.

Organizations have a legal duty and ultimate responsibility to maintain an environment free from discrimination and harassment because of gender identity and expression. They must take steps to prevent and respond to violations of the Code or they may be held “liable” and face monetary penalties or other orders from a tribunal or court. It is unacceptable to choose to remain unaware, ignore or fail to address potential or actual human rights violations, whether or not a complaint is made.[101]

Trans people and other gender non-conforming individuals who believe they experienced discrimination or harassment should try to raise the matter or make a complaint with their employer, union or other vocational association, landlord or service provider.

10.1 Failing to participate in the accommodation process Everyone involved in the accommodation process has a duty to cooperate to the best of their ability. In some cases, an organization may have met its procedural and substantive duty to accommodate where the person requesting accommodation did not sufficiently take part in the process, refused or otherwise could not take part at all. While a person may ask for a certain type of accommodation, both sides should be willing to explore options that appropriately meet the person’s needs.

The Code prohibits discrimination that results from requirements, qualifications, or factors that may appear neutral but have an adverse or negative effect on people identified by Code grounds.[82]

Under the Code, employers and unions, housing and service providers have a legal duty to accommodate the needs of people because of their gender identity or gender expression, unless it would cause undue hardship. The goal of accommodation is to help everyone have equal opportunities, access and benefits. Failure to accommodate may lead to a finding of discrimination under the Code.

7.1 Direct, indirect and subtle discrimination Discrimination may take many different forms. It may happen in a direct way. It can happen when individuals or organizations exclude trans people from housing, employment or services, withhold benefits that are available to others, or impose extra burdens that are not imposed on others, without a legitimate reason. Discrimination may also happen indirectly. It may be carried out through another person or organization.

6.1 Protections Under the Ontario’s Human Rights Code, trans people and other gender non-conforming individuals are protected from discrimination and harassment because of gender identity and gender expression in five social areas:[23]

5.1 Ontario In 1999, the OHRC took the position that the ground of sex under human rights law could be interpreted to include the right of transgender people to be free from discrimination and harassment. In 2000, the OHRC released its ground breaking Policy on discrimination and harassment because of gender identity (the original version of this policy). The OHRC and others successfully litigated that policy over the years, with tribunals and courts recognizing more and more the human rights of trans people.