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As a result of the Commission's new policy work on intersectionality, it is becoming increasingly clear that human rights work has to be informed by the social realities in which people live - realities that frequently take on quantitatively new dimensions when examined through the light of intersecting or overlapping grounds.

Stereotypes about aging and the abilities of older persons may give rise to discriminatory treatment.  For some, aging is associated with dependence and frailty and older persons are seen as a drain on employers, families, service providers and governments[25].

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There is an abundance of statistical data related to senior citizens and the aging population.  What follows is a discussion of demographics that are particularly relevant to human rights issues for older persons.

Section 10 of the Code defines “age” as eighteen years or older, except in the case of employment where “age” means an age that is eighteen years or more and less than 65 years.  This means that in the area of employment, persons who are 65 years or older cannot complain of discrimination because of age. That does not, of course, preclude complaints from persons who are over 65 years of age where the allegation is of discrimination on other grounds, for example race or disability.

In 1997/1998[6] age was cited as a ground of discrimination and/or harassment in 5% of complaints received by the Commission (105 cases).  The majority of age-related complaints (81) arose in the employment context, followed by goods, services and facilities (21).  In the same year, two age discrimination complaints, or 2% of the complaints that were closed in that year, were sent to a Board of Inquiry.  Both were in relation t

The Ontario Human Rights Code (the “Code”) protects against discrimination on the ground of age in relation to accommodation (housing), goods, services and facilities, employment, contracts and membership in vocational associations.

The Federal, Provincial and Territorial Governments, often working in partnership, have a number of programs specifically directed at seniors. Some of these programs are highlighted here:

Personal Information Name: Contact Information: Occupation: Organization: Questions: 1. Making reference to the principles outlined in the Discussion Paper and given the state of the current human rights system in Ontario, do you have concern that the fulfillment of any of the following international human rights effectiveness factors and domestic administrative law requirements is not being maximized:

Principles relating to the status of national institutions – “Paris Principles.” [36]

The Commission regards this Discussion Paper as the first step in establishing such a process.  To help focus the discussion, the Commission has developed Consultation Questions that build on the contents of this Discussion Paper. Appendix 2 lists these Questions.

Reform of the human rights system is a vital and significant challenge for government and society. The formulation of problems and the potential for reform in such a complex system must carefully balance all factors and the concerns and needs of all stakeholders.  Change must only be undertaken with full awareness of possible consequences. Many different changes have been suggested: it is difficult to determine which of these will truly maximize outcomes for the benefit of all.

A. The Paris Principles

A. Role and Importance of Human Rights Commissions

Because of the importance of human rights, both for individuals and for society at large, careful and serious consideration must be given to the potential impacts of changes to the present system on all stakeholders.

Section 29 of the Code gives the OHRC broad powers to further human rights in the province of Ontario.[1] Pursuant to this mandate, the OHRC is initiating a broad, open, and transparent dialogue about Ontario’s human rights system and its guiding principles, as a precursor to discussions of solutions and the potential for reform.

The central issue in this appeal is the apparent conflict between the intersecting religious and equality rights of a witness and the fair trial rights of the accused in the context of a criminal proceeding. The OHRC’s submissions set out a process, based in existing case law, to analyze and reconcile potentially competing rights. The proposed process can apply, with appropriate modifications, to any competing rights claims whether they arise under the Canadian Charter of Rights and Freedoms (the Charter), human rights legislation, the common law or otherwise.

The OHRC welcomes your comments on some or all of the questions raised in the consultation paper. We also welcome identification of additional human rights issues related to disability and education. Submissions should focus on issues that are within the OHRC’s jurisdiction. Submissions can be mailed, faxed or e-mailed to the OHRC, at the following address:

What follows is a brief summary of human rights issues related to education for persons with disabilities that have come to the attention of the OHRC.  This list is not intended to be exhaustive: rather, it is a starting point for discussion.

In the fiscal year 2000/2001, just over 41% of all complaints filed with the OHRC cited disability as one of the grounds. Of the 1,775 complaints filed in that year, 732 referred to handicap. This is in keeping with trends from recent years.

1. Primary and Secondary Education Demographics

1. International Documents

As noted above, the OHRC held extensive consultations on disability and the duty to accommodate in 1999. The result was a comprehensive Policy and Guidelines on Disability and the Duty to Accommodate, released in March 2001. This document sets out the OHRC’s key policy positions in this area, including:

Toronto – A new survey launched today by the Ontario Human Rights Commission (OHRC) asks for public input on definitions for the new grounds of “gender identity” and “gender expression” that were added in June 2012 as grounds of discrimination under the Code.