Archive

While the notion of accommodation has been most developed in the context of disability, it is not new to creed. There are unique accommodation issues specific to creed that arise, in part due to the unique nature of religion and creed as a form and basis of social difference. Creed practices and observances, particularly those connected to religion, for instance, generally include collective dimensions and expressions, which can grate against the grain of widely accepted accommodation norms and principles (e.g.

Court decisions such as “O’Malley”[384] have established that organizations governed by the Code have a duty to accommodate individuals’ creed observances up to the point of undue hardship, regardless of whether established organizational norms, standards, rules or requirements adversely affect creed adherents’ ability to follow the tenets of their creed by design, intent or simply effect.

Extending Code protection to non-religious beliefs and practices could affect employers and other organizations in Ontario in many ways.[374]

Whatever policy definition is eventually adopted, leaving the definition of creed completely open-ended, without any threshold criteria, could impose too onerous a burden on Ontario organizations to determine what constitutes a creed meriting protection under the Code. It would also fail to recognize the few limits and guidelines that have been set out in existing case law.

3.1 Equality focus and purpose of human rights legislation

2. 1. Principles of statutory construction and interpretation Some of the main arguments for not limiting the OHRC policy definition of creed to religion are derived from principles of statutory construction and interpretation. Among those discussed below include:

Systemic faithism refers to the ways that cultural and societal norms, systems, structures and institutions directly or indirectly, consciously or unwittingly,[128] promote, sustain or entrench differential (dis)advantage for individuals and groups based on their faith (understood broadly to include religious and non-religious belief systems). Systemic faithism can adversely affect both religious and non-religious persons, depending on the context, as discussed in the examples below.

2.1 Religion and state relations historically in Canada

January 2014 - The Ontario Human Rights Commission (OHRC) has used a range of its functions to reduce and eliminate discrimination relating to land use planning. However, to meet Ministry goals and be consistent with Ontario’s Human Rights Code, the land use planning and appeal system needs to incorporate a human rights lens and provide human rights-related information, education and resources to those who implement and use the system. Planners and decision-makers throughout the system and in municipalities will benefit from clear guidance from the Province.

Employment may not be denied or made conditional upon enrolment in a benefit or similar plan, which makes a distinction based on a Code ground. The general rule of non-discrimination in employment applies to pension plans, benefit plans and terms of group insurance except where reasonable and genuine distinctions or exclusions are based on age, marital status, family status or sex.

Purpose of OHRC’s policies

The right to freedom from discrimination in employment applies to government contracts or subcontracts. This right applies to government agency contracts also. The right to be free from discrimination in employment applies to carrying out government grants, contributions, loans or guarantees. This right also applies to government agencies.

Organizations are generally not allowed to hire in a discriminatory way. However, there are some exceptions. The most common ones are:

Job advertisements Advertisements for jobs should not refer, directly or indirectly, to prohibited grounds of discrimination. For example, an ad that says “We prefer hiring younger people” is not allowed.[36]

There is an exception to the rule that services and contracts must be offered without discrimination. This section allows insurance providers to make distinctions based on age, sex, marital and family status or disability when they offer individual accident, sickness or disability insurance or group insurance (not part of an employment situation). However, these distinctions must be made on reasonable and genuine grounds.

Recreational clubs such as sports clubs may give different services or charge different fees to persons based on sex, marital status or family status. For example, special family rates in a community centre or women-only sections of a gym are permitted under the Code.

This section allows separate washrooms, examination areas, change rooms and other services that are men-only or women-only. Trans people should be provided access to facilities that are consistent with their lived gender identity.[34] [34] For more information, see the OHRC’s Policy on discrimination and harassment because of gender identity (2000).

Separate schools in Ontario have special rights guaranteed by the Constitution and by the Education Act. Section 19 means that the Code cannot affect those rights, which are mainly related to the existence and funding of Roman Catholic schools. Otherwise, the right to be free from discrimination under the Code applies to Catholic schools. All schools have a legal duty to provide students with an education environment free from harassment and other forms of discrimination because of Code grounds.

There is an exception to the rule that services and facilities must be offered without discrimination. It allows a religious official to refuse to perform a marriage ceremony, to refuse to make available a sacred place for performing a marriage ceremony or for an event related to a marriage ceremony, or to assist in the marriage ceremony where the ceremony would be against the person’s religious beliefs or the principles of their religion.

There is an exception to the rule that services must be offered without discrimination. It only applies to organizations such as charities, schools, social clubs or fraternities that want to limit their right of membership and involvement. They are allowed to do this on the condition that they serve only or mostly a particular group of people identified by a Code ground.

Accommodation and undue hardship There is a test to decide if the Code requires an employer, service provider (such as the TTC), landlord or other person to accommodate a person with a disability. In this section, “accommodation” means meeting the needs of a person with a disability.