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4.1 Key issues

3.1 Jurisdiction and Administration The Federal Government has jurisdiction over inter-provincial transportation services and sets new vehicle standards, while provincial legislatures have authority over intra-provincial bus and train lines. The province, through the Ministry of Transportation, reviews contracts and proposed service provisions, and ensures the safety standards of vehicles. Local municipalities have jurisdiction over taxis and limousines, and are primarily responsible for transit services, including paratransit services.

The following sections will provide background information about common forms of accommodation in transit services. There are two basic strategies for meeting the duty to accommodate and achieving accessible transit services. The first relates to the creation of a parallel or segregated system for persons who are unable to use the conventional transit system. The second is to enhance the accessibility of the conventional transit system. Transit services require both strategies to address accessibility effectively.

1.1 Introduction

This Paper was developed to promote public discussion on the accessibility of local mass passenger transportation in Ontario ("transit services").[2] This initiative is part of the mandate of the Ontario Human Rights Commission ("OHRC") as set out at section 29 of the Code.

This Paper will discuss transit services in Ontario in the context of human rights responsibilities and duties, and in the light of a survey on the accessibility of public transit conducted by the Ontario Human Rights Commission in 1999.

Background Ontarians have been shocked by a number of violent incidents involving Asian Canadians who have been physically and verbally assaulted while fishing in several communities around the province. Racial slurs have been associated with a number of assaults.

May 2007 - There are several ways you can participate in the Commission’s consultation on Human Rights and Rental Housing in Ontario.

We welcome your comments on some or all of the questions we have asked. Submissions should focus on issues that are within the Commission’s jurisdiction.  You can mail, e-mail or fax your comments to: Ontario Human Rights Commission “Age Consultation” Policy and Education Branch 180 Dundas Street West 8th Floor Toronto, Ontario M7A 2R9 Fax: (416) 314-4533 E-mail:  ageconsultation@ohrc.on.ca

Employment

Stereotypes and Negative Attitudes A number of stereotypes about aging and the abilities of older persons appear to exist and may give rise to discriminatory treatment. What can the Commission do to raise public awareness about human rights issues related to aging and to combat these attitudinal barriers?

It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.

Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.

As an employer you have a duty to accommodate employees with disabilities, unless it would cause undue hardship, even if their injury is not work-related.

Students often come to us through OPS programs for youth and new professionals. Visit the Youth and New Professionals portal on the OPS Careers website to learn about internships, co-ops and summer employment opportunities.

Job opportunities at the Ontario Human Rights Commission (OHRC) are filled through a competitive process. Visit www.gojobs.gov.on.ca to search the latest job posts.  The gojobs website includes most Ontario Public Service (OPS) employment opportunities open to the public.

In the Human Rights System complaints are called “applications”. You can download application forms from the Human Rights Tribunal of Ontario.

We do not deal with individual complaints (known as applications) at the OHRC.

The OHRC works to build respect for human rights into all aspects of life in Ontario. To do that, we look at the roots of discrimination, develop policy for preventing different forms of discrimination and work to raise awareness of human rights issues. The OHRC intervenes, as needed, at tribunals and all levels of court on human rights issues with broad public interest or concern.

A. List of Participating Organizations

At the outset of this consultation process, the OHRC set five goals:

Much of the Report thus far has focussed on broader issues in the Ontario human rights system. At this point, the discussion will turn to the individual complaints process, which is an area of primary concern for many who participated in the consultation process. The complaints process is the most visible of the human rights system’s functions, and most of the OHRC’s and HRTO’s resources are devoted to it.

Some of the effectiveness factors supporting the Paris Principles were addressed directly and in some depth by consultees. These include independence, defined jurisdiction, cooperation, and accessibility.  These considerations affect the operation of all aspects of the human rights system and are addressed below.

1. The Need for Change Consultees in this process broadly agreed that there is a need to review and strengthen Ontario’s human rights system. Almost all consultees indicated that the current human rights system is not working as well as it should be and is in need of some form and degree of change. In fact, a few consultees indicated frustration with not seeing change coming out of previously held consultations.