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Over the past several years, the OHRC has taken many steps to advance understanding of how best to address competing rights. In 2005, the OHRC began the dialogue by releasing a research paper entitled, Balancing Conflicting Rights: Towards an Analytical Framework.[97] The paper provided the public with preliminary information that would promote discussion and further research without taking any firm policy positions.

 

  Competing human rights situations will inevitably arise in many different contexts, including workplaces, housing and schools. Employers, housing providers, educators and other responsible parties covered by the Code have the ultimate responsibility for maintaining an inclusive environment that is free from discrimination and harassment, and where everyone’s human rights are respected. Organizations and institutions operating in Ontario have a legal duty to take steps to prevent and respond to situations involving competing rights.

This section is based on a framework for addressing competing rights that the OHRC developed based on international human rights principles, case law, social science research, and consultation with community partners and stakeholders.[79] The framework is set out in a summarized chart form at Appendix C.

While the courts have not set a clear formula or analytical approach for dealing with competing rights, they have provided some guidance. Where rights appear to be in conflict, Charter principles require decision-makers to try to “reconcile” both sets of rights.

In general, competing human rights involve situations where parties to a dispute claim that the enjoyment of an individual or group’s human rights and freedoms, as protected by law, would interfere with another’s rights and freedoms. This complicates the normal approach to resolving a human rights dispute where only one side claims a human rights violation. In some cases, only one party is making a human rights claim, but the claim conflicts with the legal entitlements of another party or parties.

  The main goal of this policy is to provide clear, user-friendly guidance to organizations, policy makers, litigants, adjudicators and others on how to assess, handle and resolve competing rights claims. The policy will help various sectors, organizations and individuals deal with everyday situations of competing rights, and avoid the time and expense of bringing a legal challenge before a court or human rights decision-maker.

Employers, housing providers, educators and other responsible parties covered by the Code have the ultimate responsibility for maintaining an inclusive environment that is free from discrimination and harassment, and where everyone’s human rights are respected. Organizations and institutions operating in Ontario have a legal duty to take steps to prevent and respond to situations involving competing rights.

“All human beings are born free and equal in dignity and rights.”[5]

The Ontario Human Rights Commission came into being on March 29, 1961, when the Lieut

  Two public interest inquiries by the Ontario Human Rights Commission (OHRC) will explore if new rental housing licensing bylaws in North Bay and Waterloo create discriminatory barriers to rental housing. The inquiries are being conducted under the OHRC’s Human Rights Code mandate to promote, advance and protect human rights in Ontario.

Your Worship and Councillors, I am writing to restate my concerns about the human rights implications raised by the zoning application by the Lynwood Charlton Centre. As stated in my letter of January 24, 2012, applying the radial separation distance to this application makes one ask whether the City of Hamilton is creating discriminatory barriers for vulnerable people.

Human rights and housing: www.ohrc.on.ca www.ohrc.on.ca/en/resources/Policies/housing/pdf Affordable and rental housing: www.mah.gov.on.ca/Page126.aspx www.mah.gov.on.ca/Page9572.aspx

  Affordable housing: Under the Investment in Affordable Housing program, the federal/provincial governments define affordable housing as new rental housing that is rented at no more than 80% of the local average market rent as determined by Canada Mortgage and Housing Corporation. Arterial road: Major traffic and transit route, intended to carry large volumes of traffic. As of right use: Land uses that are automatically allowed by laws such as a municipality’s zoning bylaw.

Municipalities in Ontario come in all shapes and sizes. Each has different issues, different neighbourhoods and different community needs. And each has a different capacity to respond to these needs. This guide offers a variety of steps municipalities can tailor to meet their unique circumstances, while also meeting their human rights responsibilities. About the Human Rights Code The Ontario Human Rights Code offers protection from discrimination in five social areas:

New Jersey, Massachusetts and California have all taken noteworthy steps to promote affordable housing. While each state’s approach may be different, they all share the following features, which may serve as best practices for future consideration in Ontario:

The OHRC knows that low social and economic status is a common factor in many types of housing discrimination. People identified by Code grounds are disproportionately likely to have low incomes. The shelter allowance rates for people and families who receive social assistance are far below market levels.

This section includes contact information for various government bodies that monitor both tenancy and human rights issues. Tenants have a number of options for making complaints: Human Rights Tribunal of OntarioTo file a human rights claim, tenants or prospective tenants can contact the Human Rights Tribunal of Ontario at:Toll Free: 1-866-598-0322TTY: 416-326-2027 or Toll Free: 1-866-607-1240Website: www.hrto.ca

Legislation like the Planning Act and the Municipal Act, along with the Provincial Policy Statement, 2005 (PPS) and other Ministry of Municipal Affairs and Housing public documents offer many well-known tools to plan for affordable housing and make neighbourhoods healthy and inclusive.

Planning Act The Planning Act provides a framework for municipalities to make land use decisions to fit local needs and circumstances. It also recognizes human rights as part of the planning process. In making these decisions, municipalities must make sure they do not violate the Human Rights Code.

Licensing rental housing Under the Municipal Act, 2001 and the City of Toronto Act, 2006, municipalities have broad powers to pass bylaws (subject to certain limits) on matters such as health, safety and well-being of the municipality, and to protect persons and property.

Responsibility for housing, either as a Service Manager or as a landlord, also includes a responsibility for human rights. A human rights lens needs to be applied to all housing matters, including the use of tools enabled by legislation. Municipalities must follow a variety of provincial legislation regulating housing and housing-related issues. Examples are the Residential Tenancies Act and the Housing Services Act. Both of these contain provisions that can help prevent discrimination and encourage inclusiveness.

The following human rights principles apply to housing: