The Ontario Human Rights Commission (OHRC) is writing to express its concern about the anti-loitering by-law that is currently being considered by Kenora City Council. The OHRC urges Kenora City Council to reject this by-law, which will likely have a disproportionate impact on vulnerable and homeless people in Kenora, the large majority of whom are Indigenous peoples. Moreover, the by-law will not solve the homelessness crisis or other social issues facing Kenora.
constructive (adverse effect)
Sometimes a rule or practice unintentionally singles out particular people and results in unequal treatment. This type of unintentional discrimination is called “constructive” or “adverse effect” discrimination.
For example, an employer has a rule that male employees must be clean- shaven. Using this rule, the employer refuses to hire a Sikh man who, according to his religion, is not allowed to shave. The rule is not “intended” to exclude Sikh men from a job, but it has this effect. Unless an employer can show that a change or exception to the rule would be too costly or create a health and safety danger, the employer should agree to change the rule.
Toronto - Several news outlets have recently quoted a Toronto Police Service (TPS) news release regarding body-worn cameras: http://torontopolice.on.ca/newsreleases/31840
That release says, in part:
The Service has partnered with the Information & Privacy Commissioner, the Ontario Human Rights Commission, the Ministry of the Attorney General and the Toronto Police Association to develop a procedure that addresses issues of privacy, retention, and disclosure.
This statement is not accurate.
Chief Paul Cook
President, Ontario Association of Chiefs of Police
Dear Chief Cook,
On behalf of the Ontario Human Rights Commission (OHRC), I would like to congratulate the Ontario Association of Chiefs of Police (OACP) for its updated version of the LEARN Guideline for Police Record Checks with a clearer presumption against disclosure of non-conviction records.
Chief Administrative Officer, City of Thorold
Dear Mr. Fabiano,
I am writing in response to your request for advice regarding the issue raised by people of Aboriginal heritage in your community who find objectionable the current Black Hawk warrior image used by local hockey teams and their associations in Thorold, Ontario.
Sometimes a rule or practice unintentionally singles out a group of people and results in unequal treatment. This type of unintentional discrimination is called “constructive” or “adverse effect” discrimination.
The lack of affordable and suitable housing across Ontario was raised by individuals with mental health and addiction disabilities, and organizations. Statistics Canada’s 2006 Participation Activity Limitation Survey (PALS) shows that in Ontario, people with “emotional” disabilities are more likely to be in core housing need than the non-disabled population and people with other types of disabilities.
Education is a “service” under the Code
Discrimination in rental housing can take various forms. One does not have to show that the discrimination was deliberate, malicious or even intentional. Even actions that are unintended or comments that are “only a joke”, are prohibited if they are offensive and discriminatory based on a ground in the Code.
(1) Every person has a right to equal treatment with respect to employment without
discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, family status or disability.
(1) “Disability” means,
Although the Code distinguishes between direct and constructive discrimination, the distinction is less important than it used to be, particularly in the area of disability. This is a result of the combined impact of two factors.