5. Emerging human rights protections
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.
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4. Bias and prejudice
Trans people and other gender non-conforming individuals are often judged by their physical appearance for not fitting and conforming to stereotypical norms about what it means to be a “man” or “woman.” They experience stigmatization, prejudice, bias and fear on a daily basis. While some may see trans people as inferior, others may lack awareness and understanding about what it means to be trans.
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3. Gender identity and gender expression
The Code does not define the grounds of gender identity, gender expression or sex. Instead, the understanding of these and other related terms, and the implications for the Code and OHRC policies, is evolving from tribunal and court decisions, social science research as well as self identity and common everyday use.
Sex is the anatomical classification of people as male, female or intersex, usually assigned at birth.
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2. About this policy
This policy is a complete revision and update of the Ontario Human Rights Commission’s (OHRC’s) original Policy on discrimination and harassment because of gender identity first published in 2000.
In keeping with the Preamble of the Code, this policy aims to:
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1. Introduction
People who are transgender, or who otherwise don’t conform to gender stereotypes, come from all walks of life. They are represented in every social class, occupation, race, culture, religion and sexual orientation, and live in and contribute to communities across Ontario and around the world.
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New policy to protect the human rights of trans people in Ontario
Toronto – The Ontario Human Rights Commission today launched a new policy to help protect the rights of trans individuals and people of diverse genders. The Policy on preventing discrimination because of gender identity and gender expression looks at how to remove barriers and eliminate discrimination.
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Backgrounder – Talking about gender identity and gender expression
April 2014 - Over the years, the Ontario Human Rights Commission (OHRC) has taken steps to address discrimination because of gender identity. In 1999, the OHRC released “Toward a Commission Policy on Gender Identity” for public comment. In 2000, the OHRC released its first Policy on discrimination and harassment because of gender identity, taking the position that the ground of “sex” could be interpreted to include gender identity. Following the release of this policy, the OHRC continued to call for explicit recognition of gender identity as a protected ground in Ontario”s Human Rights Code.
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Toronto Police Service racial profiling and carding: deputation to Toronto Police Services Board
The Toronto Police Services Board’s Draft Policy is an important step in its efforts to monitor and oversee reforms to the current approach to Community Contacts. The Draft Policy refers to important principles including disengagement, rights knowledge, and compliance with the Human Rights Code and the Charter. We agree that surveys to gauge public satisfaction regarding street checks, and data collection in a separate database to monitor for racial bias in street checks, are valuable.
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Removing the "Canadian experience" barrier
Policy on removing the “Canadian experience” barrier overview and Q&A.
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OHRC granted leave to intervene in Tanudjaja et al. v. The Attorney General of Canada et al
In 2011, four individuals and the Centre for Equality Rights in Accommodation filed an application against the Attorney General of Canada and the Attorney General of Ontario. The application alleged that Canada and Ontario have violated their rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms by creating and maintaining conditions that lead to and sustain homelessness and inadequate housing.
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Policy on preventing discrimination because of gender identity and gender expression
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.
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Re: Agenda items 7.(i) and 9.(vi): new comprehensive Zoning By-law, co-owned housing and communal dwellings
The OHRC provided guidance to the Township of Scugog about human rights principles relating to housing, as they considered amendments to their Zoning Bylaw relating to co-owned housing geared toward older Ontarians and people with disabilities. Following input from the community and the OHRC, the Township’s decision was to not create a special category, but treat the housing the same as any other residential housing.
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Purpose of OHRC policies
Section 30 of the Ontario Human Rights Code authorizes the OHRC to prepare, approve and publish human rights policies to provide guidance on interpreting provisions of the Code.
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7. Accommodation policy and procedure
A. Description and rationale
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Under the Code, organizations are required to prevent and remove barriers and provide accommodation to the point of undue hardship. The principle of accommodation arises most frequently in the context of creed, family status, sex (pregnancy) and disability, as well as age, gender identity and gender expression.
6. Procedures for resolving complaints
A. Description and rationale
The objective of a complaint resolution mechanism is to ensure that human rights issues are brought to the attention of the organization and are appropriately dealt with. A complaint resolution procedure should set out a clear, fair and effective mechanism for receiving and resolving complaints of discrimination and harassment.[15]
B. Considerations
Designing and implementing complaint mechanisms can affect an organization’s liability for discrimination and harassment.
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4. Preventing, reviewing and removing barriers
The Supreme Court of Canada has made it clear that society must be designed to include all people, including members of a Code-protected group.[10] It is no longer acceptable to structure systems in a way that ignores needs or barriers related to Code grounds. Instead, systems should be designed so they do not create physical, attitudinal or systemic barriers.
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3. Developing organizational policies, programs and procedures
A complete strategy to prevent and address human rights issues should include:
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2. Organizational responsibility for preventing and addressing human rights issues
A. Why develop positive practices?
Respect for human rights, human dignity and equality is a core value in Canadian society, and a cornerstone of public policy. The courts recognize that human rights legislation has a unique importance, and is considered “quasi-constitutional.” Every Ontarian has an interest in creating a society where human rights are respected, and everyone has the opportunity to equally take part and contribute.
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Submission of the Ontario Human Rights Commission to the Independent Review of the use of lethal force by the Toronto Police Service
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.
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A policy primer: Guide to developing human rights policies and procedures
December 2013 - The purpose of this guide is to provide organizations with some practical help for developing effective and fair ways to prevent human rights infringements, and for responding to human rights issues such as harassment, discrimination and accommodation needs. Employers, landlords and service providers all have an obligation to make sure that human rights are respected, and can all benefit from the information provided in this publication.
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OHRC releases statement on IBAs and human rights
The Ontario Human Rights Commission (OHRC) is releasing a public statement (attached) clarifying the legitimate status of preferential employment and contracting provisions within Impact and Benefit Agreements (IBAs) under Ontario’s Human Rights Code (the Code). Our position is that the preferential employment and contracting provisions in IBAs are consistent with “special programs” under section 14 of the Code.
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Neighbourhood housing tip sheet (fact sheet)
February 2014 - Elected and municipal officials often need to respond to questions about rental, affordable, social and supportive housing. These questions often involve human rights. Here are some human rights points to consider.
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Employment and contracting provisions in Impact and Benefit Agreements are special programs under Ontario’s Human Rights Code
February 2014 - Impact and Benefit Agreements (IBAs) are becoming an industry standard for resource development projects that are located on or impact Aboriginal Peoples’ traditional lands and rights. The agreements often contain employment and contracting provisions that give priority for training, hiring and contracting to Aboriginal Peoples.When Aboriginal governments choose to enter into IBAs, the Ontario Human Rights Commission (OHRC) supports developing and implementing preferential employment and contracting provisions in IBAs, to address historical disadvantage and promote substantive equality for Aboriginal Peoples in Ontario.
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