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2. Roles and responsibilities of duty-holders under the Code

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2. Roles and responsibilities of duty-holders under the Code

Under the Ontario Human Rights Code, a duty-holder is any public or private actor responsible for respecting, protecting, promoting, and fulfilling the human rights of Ontarians in any of the 17 grounds and five social areas. The obligation to respect requires duty-holders to refrain from discrimination, including direct, indirect, and subtle discrimination and vicarious liability. In the education context, duty-holders include school boards, administrators, the Ministry of Education, unions, Faculties of Education, the Ontario College of Teachers, and educators. If you are in a position of authority or influence in the system, you may be a duty-holder. This means you are expected to take proactive steps to identify, address, and prevent systemic discrimination and harassment before harm occurs, and to take prompt and effective action to investigate and remedy harm when it does occur. [7] Under the Code, duty-holders are required to:

  • Review institutional/organizational policies, practices, and cultures, to identify whether they are producing measurable and meaningful outcomes that support the achievement of substantive equality.
  • Identify barriers, whether direct or indirect, and remove them in a timely manner.
  • Take prompt and effective action to investigate, address, and remedy incidents of discrimination and harassment when they occur and prevent their recurrence.
  • Ensure spaces are non-discriminatory and inclusive, especially for those most affected by systemic discrimination and harassment, such as Black students and education staff.

An organization violates the Code where it directly or indirectly, intentionally, or unintentionally infringes the Code, or where it does not directly infringe the Code but authorizes, condones, adopts, or ratifies behaviour that is contrary to the Code. Organizations must take reasonable steps to prevent violations of the Code, or they may be found to have infringed a right under the Code and be subject to a restitution, monetary compensation, or other orders.[8]

Sections 35 and 37 of the Code permit the OHRC to seek intervention in an application before the Human Rights Tribunal of Ontario (HRTO) to public interest and may lead to an appropriate remedy.