Playing our part on Canada’s stage
Although the OHRC’s jurisdiction is limited to Ontario, we have a clear interest in human rights developments across the country. The OHRC is an active member of the Canadian Association of Statutory Human Rights Agencies (CASHRA). Chief Commissioner Barbara Hall served as President of the association for the past three years. Through CASHRA, commissions share best practices and new developments, and also speak with one voice on human rights matters that affect all Canadians. In the past year, CASHRA spoke on several important issues.
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Reaching out across Ontario
The past year has been a busy one as the OHRC expanded its public education and outreach activities. Our challenge is to connect with people and organizations across Ontario, and update them on what’s happening in human rights. This included leading 55 public education events. Highlights included:
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Combining addiction and municipal zoning issues
One of our commitments in Minds that matter was to look at municipal zoning practices and advocate for change when there was potential for discrimination. While much of this work involves housing, we are also researching zoning rules related to health clinics dispensing methadone. And where we see discrimination, we are advising those municipalities.
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Mental health and addiction – stereotypes and discrimination
“There is still a stigma to mental health in the workplace. As a 40-year employee I have spent more energy hiding this disorder than I have in advancing my career.”
“Twenty years of no work is too much when I was able to work the whole time.”
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In search of a home
The OHRC continued to work to eliminate discrimination in housing. As in previous years, we worked with some municipalities, challenged others, sent our housing message across Ontario through public education sessions and speeches by the Chief Commissioner, and called on the Ministry of Municipal Affairs and Housing to expand a human rights focus in Ministry policy guidelines. We also took a closer look at rental housing licensing through public interest inquiries.
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Moving forward with e-learning
Over the past year, we have continued to release our e-learning programs in multiple languages, adding Vietnamese and Portuguese to English, French, Arabic, Spanish, Italian and Korean. We continue to improve our HR 101 module, and are working on new modules that will offer an overview of key human rights issues:
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Working together: free online training on AODA requirements
The Accessibility for Ontarians with Disabilities Act (the AODA) requires every employer and employee in Ontario to take training on the AODA and the Ontario Human Rights Code in the next couple of years.
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Changing the focus from disability to ability
As disability is the leading ground cited in human rights complaints, the OHRC continues its work to bring systemic change for persons with disabilities across Ontario. We will only have succeeded when everyone can use their abilities, instead of falling behind because of disabilities. Our actions in the past year ranged from critiquing government regulations to intervening at the Supreme Court of Canada and educating employers, service providers and the public.
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Aboriginal issues: from human rights to Truth and Reconciliation
Aboriginal human rights issues must be addressed in Ontario. The OHRC is seeking input from members of the Aboriginal community on human rights issues of concern. For example, our Aboriginal Steering Committee is building relationships and knowledge to expand our work
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Updating our understanding of creed
As Canadian society becomes increasingly diverse, there is potential for tension and conflict as creed issues play out more and more in the public sphere. Should religious organizations be allowed to have a say on the sex lives and life choices of their employees? Are veganism, ethical humanism or pacifism creeds? Can a school tell a student he or she can’t bring a same-sex partner to the prom?
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Opening courtrooms to Khalsa Sikhs
Part of our work with police and security services is raising awareness of the need to accommodate different groups. As a result of our involvement of in one case, Sikhs who wish to enter a Toronto courthouse wearing a kirpan (stylized representation of a sword) now face fewer barriers according to a May 2012 settlement with the Toronto Police Service (TPS), the Toronto Police Services Board and the Ministry of the Attorney General.
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Organizational change in Correctional Services – the MCSCS Human Rights Project Charter
In last year’s annual report, we provided a status report on the first year of the three-year Human Rights Project Charter between the three project partners – the Ministry of Community Safety and Correctional Services (MCSCS), the Ministry of Government Services (MGS) and the OHRC. This work resulted from the settlement of a long-standing human rights complaint by Michael McKinnon against MCSCS. Its purpose is to support MCSCS’ human rights organizational change initiatives, and to make sure the change process addresses public interest concerns.
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Windsor Police Project reaches two-year milestone
As Ontario’s communities change and grow, the organizations that serve them must also adapt to meet new needs. In recent years the OHRC has developed a human rights organizational change approach, to help organizations eliminate bias and discrimination, be more inclusive, and fully respect and accommodate the dignity, worth and rights of all people.
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Racial profiling: 10 years later
In 2003, the OHRC released its landmark report, Paying the price: the human cost of racial profiling. This report told the stories of individuals and communities that experienced the harmful effects of racial profiling by the police, by educators and by other people in authority.
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Only in Canada? Looking at “Canadian experience” requirements
We have long heard accounts from newcomers to Canada of how the requirement to have “Canadian experience” is a barrier to their entry into the workforce, and to receiving accreditation from professional regulatory bodies. In October 2012, we launched an online survey asking job seekers and employers to describe how “Canadian experience” requirements in the Ontario job market have affected them.
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A half-century of human rights
June 15, 2012 was the 50th anniversary of Ontario’s Human Rights Code – the first such code in Canada. To mark this important event, we worked with partners across Ontario to look back at how human rights had progressed over the 50 years, and to look ahead to the human rights of tomorrow. Highlights include a commemorative plaque and the “proclamation project” with municipalities across Ontario.
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Gender identity and gender expression – something to celebrate in 2012
On June 15, 2012, the Government of Ontario enacted a major change in the Human Rights Code, when it added gender identity and gender expression as Code grounds. The government acknowledged the need to include explicit language about gender identity and expression, to better protect people who are often vulnerable to discrimination in Ontario.
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Competing human rights – new guidance for everyday challenges
In April 2012, the OHRC launched its Policy on competing human rights. This policy outlines steps that sectors, organizations and individuals can take to address everyday situations of competing rights and help to avoid the need for legal action. The policy may also give guidance to the HRTO and the courts to address cases where litigation cannot be avoided.
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A message from the Chief Commissioner
One of the privileges of being Chief Commissioner of the Ontario Human Rights Commission (the OHRC) is the opportunity to be out in communities across our province, speaking with people and learning about their experiences with human rights.
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Meet our Commissioners
Barbara Hall – Appointed November 2005
Barbara Hall, Chief Commissioner of the Ontario Human Rights Commission and former Mayor of Toronto, has served for more than 40 years as a community worker, lawyer, municipal politician and champion of a grassroots approach to community-building.
Ruth Goba – Toronto – Appointed October 2006
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“Rights, partners, action” Ontario Human Rights Commission releases its 2012-2013 Annual Report
Toronto - The Ontario Human Rights Commission (OHRC) today released its 2012-2013 Annual Report.
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Appendix B: Table of cases
A. v. Quality Inn, (1993), 20 C.H.R.R. D/230 (Ont. Bd. Inq.)
Abdolalipour v. Allied Chemical Canada Ltd. (1996), [1996] O.H.R.B.I.D. No. 31 (Ont. Bd. Inq.)
Action travail des femmes v. Canadian National Railway Co. (1987), 8, C.H.R.R.D/4210 (S.C.C.)
Alberta v. Alberta Union of Provincial Employees (Banack Grievance) [1999] A.G.A.A. No. 74
Ankamah v. Chauhan Food Services, 2010 HRTO 2024
Arias v. Desai, 2003 HRTO 1
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Appendix A: Purpose of OHRC’s 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. The OHRC’s policies and guidelines set standards for how individuals, employers, service providers and policy-makers should act to ensure compliance with the Code.
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9. Human rights protection against sexual harassment
9.1 The Ontario Human Rights Code
Sections 1, 2, 3, 5, 6 and 9 of the Code set out the basic right to equal treatment without discrimination because of sex in services, goods and facilities, housing, contracts, employment and vocational associations.
Sections 7(1) and (2) set out a person's right to be free from harassment based on sex and inappropriate gender-related comment and conduct in housing and employment.
Section 7(1) states:
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8. Preventing and responding to sexual harassment
The ultimate responsibility for maintaining an environment free from sexual harassment rests with employers, housing providers, educators and other responsible parties covered by the Code. From a human rights perspective, it is not acceptable to choose to stay unaware of sexual harassment, whether or not a human rights claim has been made.[170]
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