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Example 4 - Code right v. Charter right: Employer distributing Bibles and religious advice

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Employer distributing Bibles and religious advice

Here is an example of a Code right (creed) versus a Charter right (freedom of religion and expression).

encourages them to attend church meetings, gives each a Bible as a gift for Christmas and asks them if they share his opinions on a variety of matters. Employees have made it clear that they do not welcome or appreciate his comments and conduct in their workplace and that they plan to file a claim under the Ontario Human Rights Code. This could be argued as a competing rights situation because:

  • The employees have a Code right to be free from discrimination and harassment based on creed (religion), which includes the right to be free from religion at work.
  • The employer may try to argue that applying the Human Rights Code in a way that prevents him from expressing his religious views in the workplace violates his Charter rights to freedom of religion and expression.

Photo of unhappy people in a dispute, one man faces the others offering a bible.

 

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